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Abstract
The development and use of autonomous and remotely operated vessels (‘autonomous vessels’) is a focus area for militaries across the globe, including the Australian Defence Force. These vessels offer opportunities to extend naval capability, including by increasing reach and efficiency while reducing safety risks and environmental impact. In order to translate these opportunities into capability the vessels must be capable of compliance with applicable regulatory frameworks. This paper supports this outcome by analysing the existing applicable regulatory frameworks in Australia, identifying the unique regulatory considerations for autonomous vessels and adverse impacts of applying existing frameworks, and providing recommendations for Defence regulators to support efficient regulatory outcomes.
This paper identifies that autonomous vessels in Australia used for or in connection with a Defence purpose are subject to regulation under the same regulatory frameworks as traditional vessels. This includes under the Defence Seaworthiness Management System (DSwMS) and in some circumstances under Australian Maritime Safety Authority (AMSA) legislation. In addition, autonomous vessels are subject to State and Territory local waterways and environmental management requirements, local port requirements, and work health and safety obligations.
This paper identifies that the fundamental assumptions made by existing regulatory frameworks, for example that a human will be on board and supervising a vessel, and the fundamental differences between traditional vessels and autonomous vessels, for example their size and lifespan, gives rise to a range of regulatory considerations from a safety, environmental, and flag perspective, together with potential adverse impacts.
This paper draws on the conclusions reached regarding the current regulatory landscape for autonomous vessels, together with the experience of the authors, to put forward a series of recommendations for Defence regulators to consider in approaching and executing the regulation of autonomous vessels to ensure the opportunities presented by these vessels can be fully leveraged. These recommendations relate to (1) proactively seeking to enable test, trial and operation; (2) domestic and international collaboration; and (3) regulatory development.