The Australian Maritime Safety Authority (AMSA) has published its National Compliance Plan for 2025-26, the latest in its annually published compliance plans that highlight the key compliance activities AMSA will prioritise in the coming year. By outlining these priorities in advance, AMSA gives industry the opportunity to review and align their operations with relevant legislative requirements.

In this article, we take this opportunity to provide an outline of AMSA, its functions and powers, and the practical significance of its compliance priorities for operators of foreign vessels calling at Australian ports, where we anticipate heightened compliance activities by AMSA and other related State and Commonwealth regulators.

AMSA’s powers in respect of foreign vessels

AMSA is a Commonwealth statutory authority established under the Australian Maritime Safety Authority Act 1990 (Cth). It is Australia’s national government agency responsible for maritime safety, safe navigation and vessel operations, protection of the marine environment, and search and rescue. Importantly, as the national regulator of vessels and ship operators, AMSA has substantial powers in relation to incident reporting, ship registration, issuance of marine orders to compel vessel compliance with international standards, cargoes, flag state administration, seafarer welfare, national standards for commercial vessels, and port state control (PSC).

Under section 246 of the Navigation Act 2012 (Cth) (Navigation Act), AMSA has the power to direct that a ship must not enter or use any port or specified port(s) in Australia, or that a ship must comply with specified requirements while it is approaching, entering, or using Australian ports, or is leaving any port in Australia. The Navigation Act does not specify a minimum or maximum duration for refusal of access or how long conditions must be complied with. This power exists so that AMSA can refuse access, or grant conditional entry, for ships that are not operated and managed to meet the applicable international standards and Australian regulations.

While in an Australian port, a foreign vessel may be selected for a random inspection, in which case an AMSA marine surveyor may board a ship at any time to inspect it. The vessel’s Master will be asked whether they know of any defects that may affect the ship’s seaworthiness, and the Master must sign a declaration form stating whether there are any deficiencies. If AMSA discovers deficiencies in the vessel, AMSA may exercise its power to detain the vessel. We have come across detentions which have led to substantial delays that consequently flow into disputes over cargo, demurrage, and off hire.

Under section 248 of the Navigation Act, AMSA has the power to detain a vessel as provided under the Act and where it reasonably suspects that:

• the vessel is unseaworthy or substandard;
• the vessel has been or will be involved in a contravention;
• a seafarer of the vessel or person on board the vessel has been or will be involved in a contravention; or
• the master or seafarer of the vessel would contravene the Navigation Act if they operated the vessel without a particular certificate or certificates, and the master of the vessel does not produce such certificate to AMSA when requested to do so.

Under section 257 of the Navigation Act, AMSA’s inspectors have the power to board a vessel in Australian waters to investigate a vessel’s compliance with Australian regulations, and they may do so without consent or warrant so long as they produce their identity card. Upon boarding, AMSA’s inspectors have the power to exercise monitoring powers under section 259 of the Navigation Act, including powers to:

• search the vessel;
• examine or observe activities on the vessel;
• inspect, examine, take measurements of, or conduct tests;
• take photographs, videos, and make recordings;
• inspect any document on the vessel and make copies;
• bring AMSA equipment and materials on board;
• request that the vessel’s Master, officers, or crew demonstrate the operation of machinery or equipment;
• compel the Master to stop or manoeuvre the vessel, as well as adopt or maintain a specified course or speed; and
• inspect, operate, and record data from the vessel’s electronic systems.

AMSA’s National Compliance Plan, 2025-26

The National Compliance Plan provides a summary of the key compliance activities AMSA will prioritise in 2025-26. The key focus areas for 2025-26 are as follows.

Foreign flagged and regulated Australian vessel inspections

AMSA will continue to enhance its PSC targeting algorithm to ensure inspections are prioritised for vessels that present the highest risk in Australian waters. For 2025-26, AMSA will conduct a minimum of 2,400 PSC inspections prioritised through its risk-based targeting model. In addition, AMSA will continue to focus on shipboard maintenance during PSC inspections, as undertaken in the 2023-2024 and 2024-2025 National Compliance Plans.

Key sub-areas of focus include seafarer welfare (serious injuries), pilot ladder safety, cargo handling and securing, and marine pollution (wastes and discharges).

Maritime labour convention

AMSA and the Fair Work Ombudsman (FWO) will conduct joint compliance activities, including concurrent inspections, focusing on Maritime Labour Convention (MLC) requirements and the payment of Seagoing Industry Award 2020 Schedule A wages on vessels operating under a temporary licence. Conditions of employment continue to be the most common category of MLC complaints received by AMSA, with wages accounting for 29.3% of all conditions of employment-related complaints in 2024.

Domestic commercial vessels

This is not directly relevant to foreign vessels, but we have included it for completeness.

For domestic commercial vessels (DCVs), AMSA will conduct at least 2,300 inspections prioritising vessels based on risk. Other areas of focus include Safety Management System (SMS) implementation, where SMS shortfalls have been identified as a contributing factor in approximately 65% of serious marine incidents, as well as fatigue management, lithium-ion battery installations, hazardous gases, safe towing and flood operations for emergency rescue, lifejacket wear, and safe vessel operations in the Torres Strait and Top End.

AMSA’s inspection and detention records in 2025

According to AMSA’s 2025 Annual Inspections Report, AMSA inspected a total of 5,329 vessels in 2025 (including 2,768 for PSC, 80 for FSC, and 2,481 for DCVs), representing over 10% more inspections than in 2024. A total of 237 vessels were detained in 2025 (including 133 for PSC, 3 for FSC, and 101 for DCVs), up from 212 in 2024.

For PSC inspections specifically, there was a 22.26% increase in the number of initial inspections, with 2,768 conducted in 2025 compared to 2,264 in 2024. However, the PSC detention rate decreased from 5.9% in 2024 to 4.8% in 2025, markedly lower than the 10-year rolling average of 5.7%. The deficiency rate per PSC inspection remained mostly consistent at 2.73 in 2025 compared to 2.63 in 2024.

General cargo/multi-purpose ships were the poorest performing vessel type in 2025, with a detention rate of 7.0%. Container ships were the second poorest performing vessel type, with a detention rate of 5.9%. Oil tanker/chemical tankers were the third poorest performing vessel type, with a detention rate of 5.8%, and notably, while the deficiency rate per inspection for this vessel type was well below average at 1.72, the deficiencies found were of a more serious nature.

Structural and equipment deficiencies remained the most common type of deficiency across all inspections in 2025. For PSC detainable deficiencies, ISM deficiencies remained the largest single category, accounting for 26.7% in 2025, followed by water/weathertight conditions at 17.1% and lifesaving appliances at 14.1%.

Bulk carriers remained the most frequently inspected foreign flagged ship type in Australia, with 1,604 PSC inspections conducted in 2025 and a deficiency rate of 2.84 per inspection, against the average of 2.73.

Interestingly, in 2025, no directions to refuse access to Australian ports were issued, which AMSA considers likely reflective of improved compliance across industry, a focus on targeted inspections and cooperative compliance, and the utilisation of the broad range of compliance tools available to AMSA.

How can we help?

HWLE Lawyers has a dedicated Transport Group with experience in maritime regulatory compliance and good relations with AMSA and other Australian regulators. We regularly advise shipowners, operators, charterers and other stakeholders on navigating AMSA’s regulatory framework.

Please do not hesitate to contact us if you would like more information about this subject matter.

This article was written by Joe Hurley, Partner, and Jerry Zhan, Associate.