[1] After subsection 4(2)

insert

(2A) Section 75 of the national law provides for the regulations to provide for matters in relation to unique identifiers.

(2B) Subsection 76(1) of the national law provides for the regulations to prescribe specified matters about unique identifiers including the persons who may make applications.

(2C) Paragraph 77(1)(a) of the national law provides for the regulations to set out the criteria to be satisfied for the National Regulator to issue unique identifiers.

[2] After subsection 4(4)

insert

(4A) Section 162 of the national law provides that the regulations may prescribe penalties for offences against the regulations.

[3] Subsection 4(5)

omit

Section 163

insert

Subsection 163(1)

[4] Section 5

substitute

5 Definitions

In this Order:

old unique identifier has the meaning given by subsection 14(1) of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013.

Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration — national law) 2013, including national law and National Law Act.

Note 2 Other terms used in this Order are defined in the national law, including:

domestic commercial vessel
National Regulator
unique identifier.

[5] Subsection 6(1)

substitute

(1)For subsection 30(1) of the national law, the person who may apply to the National Regulator for the issue of a unique identifier for a domestic commercial vessel is the owner of the vessel.

[6] Section 7

substitute

7 Criterion for issue of unique identifier

For paragraph 31(1)(b) of the national law, the criterion for issue of a unique identifier for a domestic commercial vessel is that a unique identifier has not been previously issued by the National Regulator for the vessel.

Note 1 An application for the unique identifier must have been made under section 30 of the national law — see paragraph 31(1)(a) of the national law.

Note 2 The National Regulator may issue a unique identifier for a domestic commercial vessel that holds an old unique identifier because an old unique identifier is not issued by the National Regulator but by an agency of a State or the Northern Territory before 1 July 2013 — see definition of old unique identifier.

[7] Section 8

substitute

8 Display of unique identifier

(1)For paragraphs 34(1)(b) and 35(1)(b) of the national law, a unique identifier must be displayed within 21 days of being issued:

(a) in a prominent place on both sides of the vessel:

(i) using letters and numbers at least:

(A) for a vessel less than 30 m long — 10 cm high;

(B) for a vessel at least 30 m long — 15 cm high; and

(ii) in a colour that contrasts with its background; and

(iii) so that it is clearly readable in clear weather; or

(b) in another way approved in writing by the National Regulator.

(2)The National Regulator may approve another way of displaying a unique identifier if:

(a) the owner provides to the National Regulator:

(i) a written statement explaining why the vessel’s structure prevents compliance with paragraph (1)(a); and

(ii) at least 1 document supporting the statement mentioned in subparagraph (a)(i); and

(b) the owner has applied for approval in writing in the approved form.

[8] Section 9

substitute

9 Notification requirements

(1)The owner of a vessel for which a unique identifier is issued must tell the National Regulator within 14 days of any of the following events:

(a) transfer of ownership of the vessel;

(b) sinking or scrapping of the vessel;

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

Note If a form is approved for the notification, the approved form must be used and is available on the AMSA website at http://www.amsa.gov.au — see Marine Order 501 (Administration — National Law) 2013.