What is the basic maritime law in Australia?

In Australia, there are a series of pieces of legislation which regulate shipping. The most basic is the Admiralty Act 1988 (Cth) which defines the jurisdiction of the commonwealth of Australia in relation to shipping in her ports and territorial waters as well as the boundaries with international waters. The courts have power to deal with occurrences within the bounds of the Australian Territorial Waters. The safety of Australian shipping is also of essential importances and the Australian Maritime Safety Authority Act 1990 (C’th) establishes the national authority which regulates the safety of shipping in Australian waters. Further legislation includes the Carriage of Goods by Sea Act 1991 (C’th) which regulates the way that ships are to load and unload at Australian ports and what cargo they can carry. There is also a piece of the criminal law in Australia which is called the Crimes (Ships and Fixed Platforms) Act 1992 which creates a criminal jurisdiction for certain acts at see and on fixed platforms, particularly when it relates to the safety of these vessels or platforms. This piece of legislation is also similar to the Crimes at Sea Act 2000 (C’th). Another aspect of the legal regulation of shipping is the regulation of imports and exports. The Customs Act 1901 allows the customs authority to board and inspect shipping and remove any contraband substance arrest persons suspects of trafficking illegal weapons, drugs or other contraband.

Some of the other pieces of legislation which regulate the seas and shipping in Australia are the Historic Shipwrecks Act 1976 (C’th) which establishes a system of heritage preservation for shipwrecks which are perceived as having some historical significance. Some of the legislation which has developed in order to give effect to the international treaties to which Australia has become a signatory include the Limitation of Liability for Maritime Claims Act 1989. The legislation which allows for the building of light houses and other navigational aid and the system of navigational indicators which are used in Australia is the Navigation Act 1912 (Cth). One of the more recent pieces of legislation which was introduced because of the possibility of the use of the technology of carbon sequestration was the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Also, there is a system of compensation which was established under the Seafarers Rehabilitation and Compensation Act 1992 (C’th) for the compensation and rehabilitation of the people who had been injured at sea. Some of the examples of legislation which has been used at state level to regulate the operation of shipping is the New South Wales Shipping Registration Act 1981 (Cth) and the Commercial Vessels Act 1979 (NSW) which is another piece of state legislation regarding shipping in the Waters of New South Wales and the use of motors, load lines and the need for some vessels to carry safety equipment which can be used in the case of an emergency.

If you have any inquiries or questions about maritime law in Australia, we would be more than happy to hear from you. We have maritime law specialists available who have worked in the industry for a long period of time and have an in depth knowledge of the maritime law. This means that you will not be ‘left at sea’ when trying to understand what your obligations are in relation to the maritime law of Australia.