Australia Day Harbour Parade Terms & Conditions

1. GENERAL

1.1 The Australia Day Harbour Parade 2025 (“the Parade”) is to be held on Sunday 26 January 2025 at approximately 12.45pm. 

2. PROCESSION COURSE

2.1 The procession course for the Parade (“Procession Course”) will be in Sydney Harbour. Details of the Procession Course will be notified to participants at the Captain’s Briefing (see clause 5) and published on the website www.australiaday.com.au. 
2.2 Destination NSW (“DNSW”) reserves the right to alter the Procession Course at any time and at its absolute discretion.  
2.3 During the program, the master will receive navigation advice from the event organiser, but that advice will not relive the master of their obligations under the International Regulations for Preventing Collisions at Sea.

3. REGISTRATION

3.1 To participate in the Parade and to be eligible for prizes, the individual who is to be the responsible vessel operator during the Parade (“Master”) must register and accept these terms and conditions for the Australia Day Harbour Parade by Wednesday 22nd January 2025 by completing and submitting the registration form on the Australia Day website. The Master will need to specify the vessel to be entered in the Parade (“Participating Vessel”).  If the Master is not the owner of the participating Vessel (“Owner”), the Owner must also provide written consent and accept the terms and conditions by completing and submitting the Owner’s Declaration Form.  
3.2 If a Master will be under 18 years of age on 26 January 2025, a Parental Consent Form must be completed and signed by the Master’s parents and/or guardians and returned to DNSW. The form will be emailed to the nominated contact after registration.

4. JUDGING AND PRIZES FOR PARADE VESSELS

4.1 The Category Winners within the Parade will be judged by a judging panel consisting of DNSW representatives and guests (“DNSW Panel”). 
4.2 The categories are: Best Small Vessel, Best Commercial Vessel, Best Newcomer, Best Dressed Vessel and Most Imaginative. 
4.3 A prize will be awarded to the winning vessel in each category which includes a voucher and winner’s plaque. 
4.4 Each prize awarded to a Participating Vessel will be provided to the contact for that Participating Vessel as identified on the registration form, at a time and place specified by the DNSW. If, for any reason, the contact does not accept the prize at the time and place specified by the DNSW, then the prize will be forfeited. 
4.5 The decision of the DNSW Panel will be final and will not be subject to review. DNSW will not enter into any correspondence regarding the result. 
4.6 DNSW reserves the right to vary the prize value stated in clause 4.3 at any time and at its absolute discretion.  
4.7 Any Participating Vessel which is disqualified from the Parade will not be eligible to win a prize. 
4.8 The DNSW Panel may disqualify a Participating Vessel if, in the opinion of the DNSW Panel, a Participating Vessel or a Master or Participant on a Participating Vessel has failed to complete the Procession Course, or has failed to comply with or breached any of the rules set out in clause 8 (Parade Rules) or clause 10 (compliance with NSW Maritime Safety Legislation) below.

5. BRIEFING

5.1 An online briefing for Masters will be held on Microsoft Teams on Thursday 16 January 2025 at 3.00pm. Attendance is compulsory for Masters of all vessels.

6. SAFETY AND INSURANCE

6.1 It is the responsibility of each Master to assess what safety standards and insurance arrangements are necessary and appropriate for the Participating Vessel for the Parade. It is the responsibility of the Master and mandatory for participation to ensure that such arrangements are put in place.  

7. EXPENSES

7.1 All expenses associated with the Participating Vessel’s participation in the Parade are the responsibility of the Master.

7.2 The Participating Vessel has no entitlement to, and Destination NSW has no liability for:

• • any costs, compensation, losses, expenses, damages, or the payment of any part of entry cost during an event of force majeure or direction by an authorised person in the event of incident
  • any delay or cancellation costs in any way incurred by the Participating Vessel due to an event of force majeure or direction by an authorised person in the event of incident 

8. PARADE RULES

8.1 In order to be eligible to win a prize, a Participating Vessel must complete the entire Procession Course and comply with the rules set out in this clause 8 (Parade Rules) and clause 10 (Compliance with Maritime Safety Legislation). 
8.2 The Master must comply with, and ensure that all Participants comply with, any direction given by an authorised officer of TfNSW Maritime or a Boating Safety Officer. 
8.3 The Master must comply with advice given by the Parade Director, unless it is unsafe to do so (as outlined in Clause 10). 
8.4 The Parade will have a maximum speed of 6 knots. Participating Vessels must not exceed this speed. 
8.5 Masters and Participants must not interfere in any way with another Participating Vessel or the decorations on another Participating Vessel. 
8.6 Participating Vessels agree to display the number flag and any other banners or signage supplied by DNSW that are specified as compulsory. 
8.7 Without written approval of the Destination NSW, Participating Vessels must not display decorations, including images or signage, which contain:

• • logos or branding of a commercial nature; or
  • material unsuitable for a family event, including material which is, or could be taken by a reasonable person to be, offensive, discriminatory or sexually explicit.

8.8 Master and Participants must not engage in behaviour which is unsuitable for a family event including behaviour which is, or could be taken by a reasonable person to be, offensive, discriminatory or sexually explicit. 

9. PROMOTIONAL ACTIVITIES

9.1 The Master and Participants of the Participating Vessel agree to participate and cooperate as may be reasonably required by the DNSW in activities relating to the promotion of the Australia Day Program, including, but not limited to, participating in interviews and being filmed and photographed, on the day of the Parade. 
9.2 The Master grants the State of New South Wales the right to use (and to allow others to use) the Master’s name and likeness and the Participating Vessel’s name and image for promotion and advertising purposes, including to promote and advertise the Parade, Australia Day or generally; and Sydney, the State of NSW and Australia as tourist destinations; and NSW Government and its role in events and the events industry. 
9.3 The Master agrees to obtain the permission of all Participants on the Master’s vessel (including, where the Participants are under 18 years of age, necessary parental permission) for the State of New South Wales to use (and to allow others to use) the Participants’ names and likenesses for promotion and advertising purposes, including the purposes set out in clause 9.2 above. 
9.4 As between the Master, Participants and DNSW, the Master and/or Participants, as the case may be, will retain ownership in any copyright in vessel decorations. 
9.5 The Master grants the State of New South Wales an irrevocable, perpetual, royalty-free, transferable and worldwide non-exclusive licence (with right to sub-license) to reproduce, publish, communicate to the public, adapt and otherwise exploit the vessel decorations, including any artistic or literary works contained therein, in all media whether known now or developed in the future and without any requirement to attribute such works to the creator or author. 
9.6 To the extent that copyright in the vessel decorations may be owned by Participants or other persons, the Master agrees to obtain from the copyright owner a licence in favour of the State of New South Wales with respect to the copyright material on the same terms as set out in clause 9.5 above. 
9.7 The State of New South Wales does not take responsibility for any use of images of vessel decorations by any other person.  

10. COMPLIANCE WITH TfNSW MARITIME & AMSA SAFETY LEGISLATION

10.1 The Master must comply with, and ensure that all Participants comply with, all relevant laws in operation in the State of New South Wales, including, without limitation, all laws contained in:

• • Marine Safety Act 1998;
  • Marine Safety (Domestic Commercial Vessel) National Law Act 2012; (‘the National Law’)
  • Martine Safety Regulation 2016 (“the Regulations”); and
  • International Regulations for Preventing Collisions at Sea as adopted and modified by the Regulations to include NSW Special Rules.

10.2 The Master is reminded that under New South Wales law:

• • it is an offence:
    • i. to operate a vessel (including to be towed by a vessel, to act as an observer on a vessel of any person being towed by the vessel or supervise a juvenile operator of a motor vessel) under the influence of alcohol or any other drug;
    • ii. to operate an unsafe vessel;
    • iii. to operate a vessel negligently, recklessly or at a speed or in a manner dangerous to the public;
    • iv. to operate or make other use of a vessel in a manner that interferes unreasonably with the lawful use of those waters by other persons,
  • the operator of a sailing vessel must keep out of the way of, and a safe distance from, a vessel displaying an orange diamond (including Manly, First Fleet and Lady Class Ferries);
  • the operator of a vessel must ensure the vessel carries the safety equipment specified in Schedule 8 of the Maritime Safety Regulation 2016. DCV participants to comply with their vessel survey conditions and NSCV Section C7 safety standards.

10.3 The Master is further reminded of the terms of Schedule 6 of the Maritime Safety Regulation 2016 (Requirements relating to Sydney Cove).

10.4 Nothing in these Terms and Conditions shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with relevant laws or of the neglect of any precaution which may be required by the ordinary practice of seamen, or the special circumstances of the case.

10.5 In construing and complying with these Terms and Conditions, due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Terms and Conditions necessary to avoid immediate danger. 

11. WARRANTIES, INDEMNITY & RELEASE

11.1 The Master warrants that:

• • the Master/Vessel Owner has considered what insurance arrangements (including with respect to the Participating Vessel, the Master, Participants and third parties) are necessary and appropriate for the Parade and has made such arrangements as are appropriate;
  • the Participating Vessel carries and will carry during the Parade, the minimum safety equipment specified in Schedule 8 of the Regulation and that such safety equipment complies with the minimum standards for safety equipment set out in Schedule 7 of the Regulation and NSCV Section C7 for commercial vessels
  • if the Master is not the owner, the owner has given written permission for the Participating Vessel to be entered in the Parade;
  • prior to the Parade the Master will obtain from each Participant on the Master’s vessel permission (including, where the Participants are under 18 years of age, necessary parental permission) for the State of New South Wales to use (and to allow others to use) the Participants’ names and likenesses for the purposes and in the ways set out in clause 9 (Promotional Activities);
  • to the extent that copyright in the vessel decorations may be owned by Participants or other persons, the Master will obtain from the copyright owner a licence in favour of the State of New South Wales with respect to the copyright material on the same terms as set out in clause 9.5 above; and
  • in Participating in the Parade the Master will comply with, and ensure all Participants comply with:
    • all relevant laws in operation in the State of New South Wales; and
    • these Terms and Conditions, including the Parade Rules.

11.2 Except for any liability that cannot be excluded by law, the State of New South Wales (including, but not limited to, any officer, employee, contractor or agent of the State of New South Wales) excludes all liability (including negligence, and whether advised or aware of the possibility of that liability), for any personal injury, death, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of or connected to the Parade, including, but not limited to, where arising out of:

• • any technical difficulties or equipment malfunction;
  • any collision, including a collision of any Participating Vessel into any other vessel, obstruction, land or object;
  • any weather related event;
  • any tax liability incurred by any winner or participant;
  • any unauthorised use of images, including images of the Participating Vessel, Master, Participant or material subject to copyright; and
  • any variation of these terms and conditions.

11.3 The Master/Vessel Owner must indemnify and keep indemnified the State of New South Wales and any manifestations of the State of New South Wales, including, but not limited to, the ADCNSW, the Department of Premier and Cabinet, Transport for NSW and their officers, employees and contractors (“those indemnified”) from and against all proceedings, actions, claims, suits, demands, losses, costs including legal costs, expenses and damages which may be brought by any Participant on the Master’s vessel against any of those indemnified as a result of:

• • any personal injury, death, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential; and
  • any infringement or alleged infringement of an intellectual property right (including copyright and moral rights), arising in any way out of or connected to the Parade.

12. PRIVACY AND DISCLOSURE

12.1 In agreeing to these Terms and Conditions, you agree to Destination NSW sharing this information with other government agencies for the management of Australia Day. By agreeing to these Terms and Conditions, applications, and services, or otherwise providing us with your information, you acknowledge and agree to us collecting, holding, using, and disclosing your personal information as described in Destination NSW’s Privacy Policy, located at http://www.destinationnsw.com.au . Users are entitled to expect that any information collected as a result of that use will be treated within the terms of Destination NSW's privacy responsibilities and obligations. Destination NSW’s privacy practices are regulated by the Privacy and Personal Information Protection Act 1998.