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Tech company, Boatigo has developed a platform to bring recreational boat owners and users
together to organise their recreational trips in a more secure, safe and sustainable way.After Boatigo worked carefully planning and developing the business model, the AMSA has recently retracted the statements they made in 2019 and are threatening boat owners with fines for obtaining contributions to help cover the cost of recreational boating and fishing trips, and not for profit.

“In August 2019, we reached out to both the Australian Taxation Office and the ASMA to confirm our view that the type of trips on Boatigo would be deemed recreational. Both parties agreed that because the trips were recreational boating or fishing trips, no fish caught were being sold, and the contributions are not at a profit, this constitutes a hobby and is not deemed assessable income. These responses confirmed our understanding that a recreational boat owner, getting out on the water, who receives a contribution to help with costs is a hobby and can be operated under a recreational skipper’s ticket. This is common sense.” “But due to some misinformation about Boatigo on social media in March this year, we reached out to the AMSA again in hopes to reaffirm their previous advice and also discuss best safety practices. During this communication, we pointed out that the AMSA had previously advised that the trips were recreational in nature as they were not for commercial profit. We also took the time to outline some of the many benefits that Boatigo brings to the recreational boating community. The AMSA responded, and to our disbelief, had retracted eir previous statements and now stated that vessels listed on Boatigo’s platform by
recreational owners will be treated as domestic commercial vessels.” said CEO of Boatigo Joel
Keane.

The Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 states that a vessel is not classed as a domestic, commercial vessel simply because a person is paid to operate the vessel or to be a member of the crew.

The AMSA confirmed with Boatigo that because these recreational boats are commercially in connection with Boatigo, they were classed as a domestic commercial vessel. However, as a peer-to-peer platform, Boatigo does not own any of the boats displayed, it is just like any other form of sharing platform. The difference is, however, the boat owners DO NOT make a profit and receive a contribution towards their boating costs so they can all enjoy their hobby more frequently.

“In our view, this all happened after the AMSA was bombarded with enquiries from charter boat operators. Unfortunately, it may be the case that the AMSA is being influenced by irate charter boat operators that are under the incorrect belief that Boatigo threatens their industry. To be clear, Boatigo’s community of recreational Captains and Crew do not, and will not, operate in the same marketplace as commercial charter operations. Charter boats offer completely different services and experiences for their customers, and there will always be a place for them. Boatigo is all about bringing the recreational boating and fishing communities together to share their boating experiences more safely and securely. We are just in disbelief that ASMA is now taking away choice from the recreational boating and fishing communities,” said Joel.

Currently, the AMSA is now threatening recreational boat owners who have listed their vessels on Boatigo with fines for merely having someone come along on a trip and contribute (not at a profit) to the running costs for the day. Boatigo believes that every recreational boat owner should have the choice to get non-profit contributions that allow tourists and people looking for a post COVID-19 activity to enjoy a hobby more frequently. The AMSA’s current interpretation of regulations takes this choice away from the public.

“To help Boatigo and all the recreational Captains and Crew around Australia, we are asking everyone to feel empowered to use Boatigo without the fear of a fine. We are asking for people to sign our petition for Michael McCormack, the Federal Minister for Infrastructure, Transport and Regional Development, so the AMSA can acknowledge that Boatigo community members can organise their recreational trips on our platform without being persecuted. It astonished us that the AMSA state on their own website that they are wanting to work with emerging innovation and peer-to-peer communities, but don’t as they are doing everything to bully us out of the market, which is against consumer choice laws,” added Joel.

Boatigo is a new platform that offers a great change in the areas of safety, security and choice for recreational boating and fishing communities.

“We started the Boatigo platform to give the recreational boating and fishing community choice. The choice to organise their trips in a more safe, secure and sustainable way. We have asked the AMSA to provide a determination on this matter. However, they have stated that they will not comment on Boatigo’s terms and conditions nor the application of the law on Boatigo and users of Boatigo. Instead, they continue to threaten recreational boat owners with the prospect of receiving fines for taking boating enthusiasts out on their boats. In our view, this is not in accordance with the law which they are attempting to apply – both technically speaking and also in the spirit of the law,” finalised Joel.