Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Part, unless the contrary intention appears:
"cargo ship" means a ship other than a passenger ship.
"cargo ship safety certificate" means a certificate issued under section 206GA.
"cargo ship safety construction certificate" means a certificate issued under section 206E.
"cargo ship safety equipment certificate" means a certificate issued under section 206F.
"cargo ship safety radio certificate" means a cargo ship safety radio certificate issued under section 206G.
"cargo steamship" means a steamship other than a passenger steamship.
"certificate of equipment" means:
(a) a certificate of equipment issued under subsection 194(4) or (5A); or
(b) a certificate, or a certificate in a class of certificates, recognised in a determination made under subsection 194(6) as equivalent to a certificate of equipment, or a class of certificates of equipment, issued under subsection 194(4).
"certificate of survey" means:
(a) a certificate of survey issued under subsection 194(4) or (5A); or
(b) a certificate, or a certificate in a class of certificates, recognised in a determination made under subsection 194(6) as equivalent to a certificate of survey, or a class of certificates of survey, issued under subsection 194(4).
"classification certificate" means a classification certificate issued by a survey authority and of a standard approved by the Authority under section 187BA.
"country to which the Safety Convention applies" means a country specified in a notice under section 187B.
"declaration of survey" means a declaration made under this Act by a surveyor with respect to the survey of a ship.
"exemption certificate" means a certificate issued under subsection 206H(1).
"International Code of Signals" means the Code of that name that is issued by the International Maritime Organization, as amended from time to time.
(a) for the purposes of Division 5, a voyage:
(i) from a port in Australia to a port outside Australia;
(ii) to a port in Australia from a port outside Australia;
(iii) from a port in a country that is a Load Line Convention country for the purposes of that Division to a port outside that country; or
(iv) to a port in a country that is a Load Line Convention country for the purposes of that Division from a port outside that country; and
(b) for the purposes of the provisions of this Part other than Division 5, a voyage:
(i) from a port in Australia to a port outside Australia;
(ii) to a port in Australia from a port outside Australia;
(iii) from a port in a country to which the Safety Convention applies to a port outside that country; or
(iv) to a port in a country to which the Safety Convention applies from a port outside that country;
other than a voyage in the course of which the ship concerned:
(v) is not at any time more than 600 nautical miles from the nearest point on the coast of Australia; and
(vi) does not call at a port in a country other than Australia.
"nuclear cargo ship safety certificate" means a certificate issued under section 206K.
"nuclear passenger ship safety certificate" means a certificate issued under section 206J.
"passenger certificate" means a passenger certificate issued under subsection 194(4) or (5A).
"passenger ship" means a ship carrying more than 12 passengers.
"passenger ship safety certificate" means a certificate issued under subsection 206D(1) or (3).
"passenger ship short voyage safety certificate" means a certificate issued under subsection 206D(2) or (4).
"passenger steamship" means a steamship carrying more than 12 passengers.
"radio installation" means a radiotelegraphy or radiotelephony installation, but does not include a radio navigational aid.
"Safety Convention certificate" means a certificate issued in respect of a steamship, not being a ship registered in Australia, by or with the authority of the government of a country to which the Safety Convention applies in accordance with the Safety Convention or a law of that country that gives effect to the Safety Convention.
"Safety Convention ship" means a ship that is of a kind to which the Safety Convention applies and is entitled to fly the flag of a country to which the Safety Convention applies.
"short international voyage" means an international voyage:
(a) in the course of which a ship is not any time more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety; and
(b) which does not exceed 600 nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination.
"subdivision load line" means a load line indicating the depth to which a passenger steamship may be loaded having regard to the extent to which it is subdivided and to the space for the time being allotted to passengers.
"the Container Convention" means the International Convention for Safe Containers as corrected by the Procès-Verbal of Rectification dated 25 June 1976 (a copy of the English text of the articles of which, and of the annexes to which, as so corrected, is set forth in Schedule 5), as affected by:
(a) any amendment of the Convention, other than an amendment not accepted by Australia, made under Article IX of the Convention; and
(b) the amendments to Annex 1 dated 2 April 1981 (a copy of the English text of which is set forth in Schedule 5A) and any other amendment of the annexes to the Convention, other than an amendment objected to by Australia, made under Article X of the Convention.
the Load Line Convention means the International Convention on Load Lines, 1966, as corrected by the Procès-Verbal of Rectification dated 30 January 1969 and the Procès-Verbal of Rectification dated 5 May 1969 (a copy of the English text of the articles of which, and of the annexes to which, as so corrected, other than the chart attached to Annex II, is set forth in Schedule 4):
(a) as affected, after the date on which the Protocol of 1988 relating to the Load Line Convention enters into force for Australia, by that Protocol; and
(b) as also affected by any amendment, other than an amendment not accepted by Australia, made under section 29 of the Convention.
"the Prevention of Collisions Convention" means the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (a copy of the English text of the articles of which is set forth in Schedule 3), together with the International Regulations for Preventing Collisions at Sea, 1972, constituted by the rules and other annexes attached to that Convention, as corrected by the Procès-Verbal of Rectification dated 1 December 1973 (a copy of the English text of which rules and other annexes, as so corrected, is also set forth in Schedule 3), as affected by any amendment, other than an amendment objected to by Australia, made under Article VI of that Convention.
"the Prevention of Pollution from Ships Convention has the same meaning as the Convention" has in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 .
the Safety Convention means the International Convention for the Safety of Life at Sea, 1974 (a copy of the English text of the articles of which, and of the annex and appendix to which, is set forth in Schedule 1):
(a) as affected, after the respective dates on which:
(i) the Protocol of 1978 relating to the Safety Convention; and
(ii) the Protocol of 1988 relating to the Safety Convention;
enter into force for Australia--by each of those Protocols; and
(b) as also affected by any amendment, other than an amendment objected to by Australia, made under Article VIII of that Convention.
"valid Safety Convention certificate" means a Safety Convention certificate which complies with such requirements as are prescribed.
(2) For the purposes of determining for the purposes of this Part whether a voyage is an international voyage, account shall not be taken of a deviation by a ship from an intended voyage if the deviation is due only to stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.
(3) For the purposes of determining for the purposes of Division 5 whether a voyage is an international voyage, a territory for which the United Nations are the administering authority, or for the international relations of which Australia or any other country is responsible, shall be deemed to be a separate country.
(4) Where an international voyage:
(a) is such that, in the course of the voyage, a ship is not at any time more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety; and
(b) exceeds 600 nautical miles, but does not exceed 1,200 nautical miles, in length between the last port of call in the country in which the voyage begins and the final port of destination;
the Authority may, by instrument in writing, direct that, subject to such conditions as are specified in the direction, the voyage shall, for the purposes of this Act, be treated as if it were a short international voyage in relation to any ship:
(c) that is, or is included in a class of ships that is, specified in the direction; and
(d) in respect of which a passenger ship short voyage safety certificate is in force.
(5) For the purposes of this Part, an unregistered ship entitled to fly the flag of a country shall be deemed to be registered in that country.
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