Boat hire rules in Australia
What the law asks of a boat, jet ski, kayak and SUP hire business — 31 rules from 9 official sources, each with its source and the date we checked it.
Rules everywhere in Australia
Briefing and checklist before each hire
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Your risk assessment must set out, among other things: the boundaries of each designated cruising area, navigation hazards (including at night), weather and how to deal with bad conditions, minimum separation distances, any speed and direction limits for hirers, the safety equipment suited to the waters and the hirers' skill, and how you make sure no one driving is impaired by drugs or alcohol.
Show the official wording
“(a) the boundaries of each designated cruising area of the vessel; (b) any navigation hazards where the vessel activity is to occur and ways to manage the hazards, including for vessel operation during the night; … (f) any restrictions on speed and direction to be observed by the hirer; … (k) arrangements to be followed to ensure that each hirer, participant and any other person operating the vessel is not impaired by drugs or alcohol;”
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Record your key tasks, including pre-operating checks, as a procedure. Make sure the checks are done before a hirer or participant takes control of the vessel.
Show the official wording
“The owner of the vessel must ensure that pre-operating checks are carried out before the hirer or participant takes control of the vessel.”
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Before each hirer and participant takes control of the vessel, give them a briefing covering the matters your risk assessment identified. If someone isn't present, a person who attended the briefing must agree to brief everyone else who may drive.
Show the official wording
“(a) a briefing that includes the matters identified by the risk assessment for the operation is given to each hirer and participant before the person takes control of a vessel; or (b) if not each hirer or participant is present when a hirer or participant takes control of a vessel — a hirer or participant present at the briefing agrees to brief all other hirers and participants who may operate the vessel about the matters mentioned in paragraph (a).”
Does the hirer need a licence?
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You must be satisfied that the hirer and every participant can operate the vessel safely for the whole hire, given its size, type, engine power and where it will go. AMSA suggests checking, for example, boating experience, watching them handle the boat, medical information and any certificates.
Show the official wording
“The owner of the vessel must be satisfied that the hirer and any participant have the skills and abilities necessary to operate the vessel safely, over the term of the agreement, having regard to the vessel’s size, type, propulsion power and intended areas of operation.”
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If your hire vessel can go faster than 10 knots, or operates in category C waters, you must make sure the hirer and any participant meet the state or territory's recreational boat licence requirements, unless a state or territory exemption covers the hire.
Show the official wording
“(a) is capable of operating at a speed of greater than 10 knots; or (b) operates in operational area category C. (8) The owner of the vessel must ensure that the hirer and any participant meet the recreational boating operator licencing requirements unless an exemption for the operation applies under State or Territory law.”
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Every tour leader, guide and briefer must be competent for the job. Where the state has recreational licence requirements, they must meet them too. Each tour leader needs a current first aid certificate at least equivalent to HLTAID011 Provide first aid.
Show the official wording
“(a) each tour leader, guide and briefer for a vessel is competent to perform their duties; and (b) if the vessel operates in a State or Territory that has recreational boating operator licencing requirements — the owner ensures that each tour leader, guide and briefer meets the requirements; and (c) each tour leader has a current first aid certificate equivalent to at least HLTAID011 Provide first aid.”
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Staff holding a Coxswain grade 1 near coastal certificate may deliver bareboats and run your service vessel within a designated bareboat operational area, without the higher certificate of competency usually required (AMSA Exemption 22, in force 1 July 2025 to 30 June 2028). Minimum crewing rules still apply.
Show the official wording
“Exemption 22 allows people holding a Coxswain grade 1 near coastal (NC) certificate of competency to engage in bareboat operations without the certificate of competency that’s usually required.”
Age limits
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You must decide, and record in your safety management system, the maximum number of people and the minimum competency, minimum age and minimum medical requirements for hirers and participants on each vessel. The national rules don't set a single minimum hirer age for boats; state licence ages and the jet ski rules below still apply.
Show the official wording
“The owner of the vessel must determine the maximum number, minimum competency, minimum age and minimum medical requirements of the hirer or any participant.”
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In a supervised pen or tour, every jet ski hirer and rider must be at least 16 and able to take immediate control. A passenger under 16 may ride only with a hirer who is at least 16.
Show the official wording
“(e) if the personal watercraft is used in a pen or tour that is being supervised by a tour leader — that the hirer and each operator of the vessel is: (i) at least 16 years old; and (ii) capable of taking immediate control of the personal watercraft if required; (f) that any pillion passenger who is under 16 years is on board with a hirer who is at least 16;”
Jet skis (PWC)
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Exemption 03's jet ski item covers only Class 2 or 3 personal watercraft (e.g. ones your staff use for work), not Class 4 hire-and-drive jet skis. Plan on needing a certificate of operation for a jet ski hire fleet.
Show the official wording
“2.5 A Class 2 or 3 vessel that: (a) is a personal watercraft; and (b) does not carry passengers; and (c) is not involved in an aerial freestyle device operation; and (d) is not engaged in towing”
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Make sure no hirer takes a jet ski outside its designated cruising area or pen. Anyone riding in a pen must be supervised by you, or by the tour leader if they are on a tour.
Show the official wording
“(a) that no hirer or participant takes the personal watercraft outside its designated cruising area or pen; (b) that each hirer and participant operating a personal watercraft in a pen is supervised by the owner or, if they are on a tour, by the tour leader;”
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If a jet ski is hired out for use outside a pen or tour, each hirer and rider must meet the state or territory's recreational licence requirements for jet skis, unless a state or territory exemption applies.
Show the official wording
“(g) if the personal watercraft is to be used outside of a pen or tour and the State or Territory where the vessel is operating has recreational licencing requirements for an equivalent recreational vessel operation — that each hirer and participant meets those requirements, unless an exemption for the operation applies under the State or Territory law”
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Each jet ski hirer and rider must declare any medical condition they know of that is likely to affect their ability to ride safely. You must give each of them a lifejacket of the right size that fits properly.
Show the official wording
“(d) that each hirer and participant declares any medical condition of which they are aware is likely to affect their ability to safely undertake the activity; … (h) that an appropriately sized lifejacket is supplied to each hirer and participant that fits properly.”
Kayaks, canoes and SUPs
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Human-powered hire craft (kayaks, canoes, SUPs, rowing and pedal boats, but not dragon boats) can operate without a certificate of operation under AMSA Exemption 03, if you meet its conditions. You don't need to apply to use the exemption.
Show the official wording
“A kind of vessel mentioned in Schedule 1, other than a novel vessel, is exempt from the requirement to have a certificate of operation. … 2.3 A human powered vessel, other than a Class 1 vessel or a dragon boat”
Safety equipment on board
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All safety equipment must be on board when the hirer takes control. You must also tell every hirer and participant about any lifejacket-wearing rules that apply under state or territory law where they will be going.
Show the official wording
“(a) a vessel has all safety equipment on board when the hirer or a representative of the hirer takes control of the vessel; and (b) each hirer and any participant is made aware of any requirements for the wearing of lifejackets that apply in the areas of operation of the vessel under State or Territory law.”
Registering the craft
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Being exempt from survey does not exempt you from the other national rules. Unless another exemption applies, each hire vessel still needs an AMSA unique vessel identifier, a certificate of operation, and a safety management system.
Show the official wording
“This exemption only relates to the requirement to have a certificate of survey. You still need to comply with all other requirements that apply to domestic commercial vessels, unless you are exempt, including the requirement to: have a unique vessel identifier have a certificate of operation comply with the general safety duties, including having a safety management system.”
Survey and commercial vessel rules
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Under the national law, any vessel you let for hire or reward is a 'hire and drive vessel', including boats you offer to guests of a hotel or holiday park. Anyone who hires it, or drives it while it is on hire (other than you or your staff), counts as the 'hirer'.
Show the official wording
“hire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants.”
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A hire vessel that the hirer drives wholly for recreation is a Class 4 domestic commercial vessel: 4C (seagoing, up to restricted offshore), 4D (partially smooth and smooth waters) or 4E (smooth waters only). If the vessel is used for anything else, or the person in charge is not the hirer (e.g. you supply a skipper), AMSA assigns it a different vessel class.
Show the official wording
“A hire and drive vessel when used for any purpose other than wholly recreational purposes, or when the Master is not a hirer of the vessel, has the vessel use category mentioned in subclause 2.1 (1) that is assigned to the vessel by the National Regulator after considering its intended use.”
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Sailing vessels under 7.5 m with no engine, or an auxiliary engine of 3.5 kW or less, can operate without a certificate of operation under AMSA Exemption 03, if you meet its conditions.
Show the official wording
“2.4 A sailing vessel, other than a Class 1 vessel, that: (a) is <7.5 m long; and (b) has no auxiliary engine, or an auxiliary engine of ≤3.5 kW propulsion power”
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Jet skis (under 4 m, water-jet driven, rider sits, stands or kneels on the hull) generally don't need a certificate of survey under AMSA Exemption 2, if they comply with NSCV Part G and don't have an aerial freestyle device attached. You don't need to apply to use this part of the exemption.
Show the official wording
“Personal watercraft are generally exempt from the requirement to hold a certificate of survey under exemption 2, provided they meet the exemption criteria.”
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A hire boat can operate without a certificate of survey if you get AMSA non-survey approval (form AMSA 579). To qualify it must be under 12 m, operate only in sheltered (D or E) waters, have no inboard petrol engine, not be hired out overnight, and comply with NSCV Part G.
Show the official wording
“Your vessel must: be less than 12 metres long operate only in sheltered (D or E) waters … Your vessel must not: … have an inboard engine which operates on fuel that has a flashpoint of less than 60°C (such as petrol) … be a Class 4 vessel operated overnight”
Permits and licences for the business
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As the owner, you commit an offence if you operate a hire vessel, or let someone else operate it, without an AMSA certificate of operation, unless the vessel is exempt.
Show the official wording
“The owner of a domestic commercial vessel commits an offence if: (a) the owner operates the vessel, or causes or permits the vessel to be operated by another person; and (b) the operation of the vessel is not authorised by a certificate of operation in force for the vessel; and (c) the vessel is not exempt from the requirement to have a certificate of operation (see section 143).”
Reporting accidents
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If a hire vessel is involved in an incident with a death, serious injury, loss of a vessel, a person lost overboard or significant damage to a vessel, you must report it to AMSA as soon as reasonably practicable. This is a strict-liability offence.
Show the official wording
“(b) neither the owner nor the master of the vessel reports the incident to the National Regulator as soon as reasonably practicable, having regard to the circumstances, after the owner becomes aware of the incident.”
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For every marine incident (including collisions, groundings, capsizes, fires, near misses and a vessel becoming disabled and needing help), you must send AMSA a written report on its approved form within 72 hours of becoming aware of it.
Show the official wording
“(b) neither the owner nor the master of the vessel gives a written report of the incident, in the form approved by the National Regulator, to the National Regulator within 72 hours after the owner becomes aware of the incident.”
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AMSA asks you to send an incident alert (Form 18) as soon as reasonably possible, then an incident report (Form 19) within 72 hours. Submit both online or email them to reports@amsa.gov.au.
Show the official wording
“As soon as reasonably possible* after becoming aware of the incident, you should: complete and submit the online incident alert form 18 … Within 72 hours after becoming aware of the incident, you must: complete and submit the online incident report form 19”
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Keep written records of each hire vessel's operation, so that any incident you have to report to AMSA can be investigated.
Show the official wording
“The owner of the vessel must ensure that written records about the operation of the vessel are maintained to allow for investigation of marine incidents required to be reported to the National Regulator.”
Other rules
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Even if your craft are exempt from the certificate of operation, you still need a safety management system (SMS). Small fleets may be eligible for AMSA's simplified SMS.
Show the official wording
“Note: If you're eligible to operate without a CoO, you still need a safety management system (SMS). You may be eligible for a simplified SMS.”
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As the owner, you must keep your hire vessels and their operations safe so far as reasonably practicable. You breach this duty if you don't implement and maintain a safety management system, or don't give people on board the information, instruction, training or supervision they need to stay safe.
Show the official wording
“(b) the owner does not implement and maintain a safety management system that ensures that the vessel and the operations of the vessel are, so far as reasonably practicable, safe; or (c) the owner does not provide, so far as reasonably practicable, such information, instruction, training or supervision to people on board the vessel as is necessary to ensure their safety.”
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For a Class 4 hire vessel, your safety management system must be recorded so it is readily accessible. It must meet both Schedule 1 (general operating requirements) and Schedule 2 (extra hire-and-drive requirements) of Marine Order 504, as far as they apply.
Show the official wording
“A safety management system must: (a) be recorded so that it is readily accessible; and (b) comply with the requirements mentioned in the following: … (ii) for a Class 4 vessel — both Schedule 1 and Schedule 2 to the extent applicable.”
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The maximum number of people on board that you set for a hire vessel can't be more than 12, or more than the vessel is allowed to carry under the national law.
Show the official wording
“The maximum number of persons on board that may be determined by the owner must not be more than: (a) 12 persons; or (b) the maximum number of persons the vessel is permitted under the national law to carry.”
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AMSA's 2026–27 regulatory program includes a risk-based review of hire-and-drive requirements across Marine Orders 503–505, NSCV Parts F2 and G, and Exemptions 02, 22 and 48. The review may cover tenders, PWC licensing and house rafts, so the rules above may change.
Show the official wording
“This project will review the suitability and clarity of regulatory requirements applicable to hire and drive vessels across marine orders, standards and exemptions. The review may consider arrangements for tenders, personal watercraft (PWC) licencing and house rafts.”
Rules by state
States and territories add their own rules on top. Pick yours:
- New South Wales 12 extra rules · checked 18 October 2026
- Queensland 6 extra rules · checked 18 October 2026
- Victoria 12 extra rules · checked 18 October 2026
- Western Australia 12 extra rules · checked 18 October 2026
- South Australia 6 extra rules · checked 18 October 2026
- Tasmania 13 extra rules · checked 18 October 2026
- Northern Territory 9 extra rules · checked 18 October 2026
- Australian Capital Territory 10 extra rules · checked 18 October 2026
In an emergency
Triple Zero (000) or VHF channel 16. VesselSOS is not a rescue service — teach your hirers to call for help the official way.
VHF channel 16
JRCC Australia (AMSA), 24-hour maritime search and rescue: 1800 641 792 in Australia, +61 2 6230 6811 from outside Australia. In Australia, 'Coast Guard' is a volunteer group, not a government service.
Not confirmed yet
What we looked for and could not confirm from an official source. Ask the authority before you assume anything here.
Which safety equipment each Class 4 hire vessel must carry under the National Standard for Commercial Vessels (Part C7A, Part F2 or Part G) depends on the vessel and its waters. We have not summarised these equipment lists yet.
We found no national rule that hirers themselves need an AMSA certificate of competency. The national rules rely on your own competency checks and on state or territory recreational licences.
We found no national requirement for hire-and-drive operators to hold liability insurance. Some state approvals ask for evidence of business insurance.
We have not yet reviewed the details of the houseboat exemption (AMSA Exemption 48), the simplified safety management system toolkit for Class 4 vessels, or the takeaway (trailer) hire rules in Marine Order 504.
AMSA's review of hire-and-drive requirements (2026–27) may change certificate, survey and PWC licensing arrangements. Check AMSA for updates before relying on these rules.
Official bodies
Who makes and enforces these rules.
- Australian Maritime Safety Authority (AMSA), the National Marine Safety Regulatorcertificates of operation and survey, safety management systems, hire-and-drive (Class 4) operating requirements, marine incident reports, JRCC Australia search and rescueamsa.gov.au ↗
- Federal Register of Legislationofficial text of the National Law Act 2012 and the Marine Orderslegislation.gov.au ↗
- State and territory marine safety agencies (Transport for NSW Maritime, Maritime Safety Queensland, Safe Transport Victoria and others)recreational licences for hirers, lifejacket rules, speed and waterway zones, PWC areasamsa.gov.au ↗
Questions operators ask
Does a hirer need a boat licence in Australia?
You must be satisfied that the hirer and every participant can operate the vessel safely for the whole hire, given its size, type, engine power and where it will go. AMSA suggests checking, for example, boating experience, watching them handle the boat, medical information and any certificates. Source: legislation.gov.au, checked 18 October 2026.
Do I have to brief hirers before a hire in Australia?
Your risk assessment must set out, among other things: the boundaries of each designated cruising area, navigation hazards (including at night), weather and how to deal with bad conditions, minimum separation distances, any speed and direction limits for hirers, the safety equipment suited to the waters and the hirers' skill, and how you make sure no one driving is impaired by drugs or alcohol. Source: legislation.gov.au, checked 18 October 2026.
What are the rules for jet ski hire in Australia?
Exemption 03's jet ski item covers only Class 2 or 3 personal watercraft (e.g. ones your staff use for work), not Class 4 hire-and-drive jet skis. Plan on needing a certificate of operation for a jet ski hire fleet. Source: amsa.gov.au, checked 18 October 2026.
Is a hire boat a commercial vessel in Australia?
Under the national law, any vessel you let for hire or reward is a 'hire and drive vessel', including boats you offer to guests of a hotel or holiday park. Anyone who hires it, or drives it while it is on hire (other than you or your staff), counts as the 'hirer'. Source: legislation.gov.au, checked 18 October 2026.
Do I need a permit to hire out boats in Australia?
As the owner, you commit an offence if you operate a hire vessel, or let someone else operate it, without an AMSA certificate of operation, unless the vessel is exempt. Source: legislation.gov.au, checked 18 October 2026.
For your hirers
Free safety pages on VesselSOS for the people who take your craft out — link them from your booking confirmation.
Boat licence rules by stateJet ski licence by stateLifejacket rules by stateHow to call for help at seaTrip planFree tools for hire operators
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