Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"agreement" , in relation to a ship, means the agreement between the master of the ship and the crew of the ship and, in relation to a seaman belonging to a ship, means the agreement between the master of the ship and the seaman.
"approved form" means a form approved by the Authority under section 6F.
"articles of agreement" has the same meaning as agreement.
"Australian coastal sea" means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory.
"Australian fishing vessel" means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under subsection 4(2) of the Fisheries Management Act 1991 is in force.
"Authority" means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 .
"bank" includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
"civil penalty order" has the meaning given by subsection 399B(4).
"civil penalty provision" has the meaning given by section 399A.
"Collector" means a Collector of Customs or other principal officer of Customs doing duty at a port under the Customs Act.
"Commonwealth authority" means an authority or body, whether a body corporate or not, established or incorporated for a public purpose by a law of the Commonwealth or of a Territory (other than the Northern Territory), and includes a body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a body corporate in which the Commonwealth has a controlling interest.
"Commonwealth ship" means a ship:
(a) that belongs to the Commonwealth or to a Commonwealth authority;
(b) the beneficial interest in which is vested in the Commonwealth or in a Commonwealth authority; or
(c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a Commonwealth authority;
but does not include a ship:
(d) that belongs to ANL Limited;
(e) the beneficial interest in which is vested in ANL Limited; or
(f) that is for the time being demised or sub-demised to, or in the exclusive possession of, ANL Limited.
(a) ambassador, high commissioner, commissioner or other head of mission;
(b) minister;
(c) chargé d'affaires; and
(d) counsellor, secretary or attaché of an embassy or other mission.
"Co-ordinated Universal Time" means Co-ordinated Universal Time as determined by the International Bureau of Weights and Measures.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .
"diplomatic or consular representative of Australia" means a person appointed to hold, or to act in, any of the following offices (being an office of the Commonwealth) in a country or place outside Australia:
(a) ambassador;
(b) minister;
(c) head of mission;
(d) chargé d'affaires;
(e) counsellor, secretary or attaché of an embassy, legation or other post; and
(f) consul.
"discharge" means the certificate of discharge given to a seaman upon his or her discharge from a ship.
(a) do an act; or
(b) omit to perform an act.
"equipment" , in relation to a ship, includes every thing or article belonging to or to be used in connexion with, or necessary for the navigation and safety of, the ship and, in particular, includes boats, tackle, pumps, apparel, furniture, life-saving appliances, spars, masts, rigging, sails, fog signals, lights, signals of distress, signalling lamps, pilot ladders, radio equipment, medicines, medical and surgical stores and appliances, fire prevention, detecting and extinguishing appliances, inert gas systems, echo-sounding devices, mechanical pilot hoists, buckets, compasses, charts, axes, lanterns and gear and apparatus for loading or unloading, or otherwise handling, cargo.
"fish" includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.
"fishing fleet support vessel" means:
(a) a ship that is used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels; or
(b) a ship that:
(i) is not a ship to which paragraph (a) applies; and
(ii) is being used in support of the fishing operations of an Australian fishing vessel or vessels; and
(iii) is not covered by a declaration under subsection (1C); or
(c) a ship that:
(i) is in the course of construction; and
(ii) is intended to be used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels;
but does not include:
(d) a Commonwealth ship; or
(e) an inland waterways vessel.
Note: for in support of fishing operations see subsection (1B).
(a) the taking, catching or capturing of fish for trading or manufacturing purposes; and
(b) the processing or carrying of the fish that are taken, caught or captured.
(a) a ship that is used wholly or principally for fishing operations; or
(b) a ship that:
(i) is in the course of construction; and
(ii) is intended to be used wholly or principally for fishing operations;
but does not include:
(c) a Commonwealth ship; or
(d) an inland waterways vessel.
"Government ship" means a ship:
(a) that belongs to the Commonwealth or a State or Territory;
(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or
(c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a State or Territory;
and includes a ship that belongs to, or that is operated by, the Australian Defence Force, but does not include a ship:
(d) that belongs to a trading corporation that is an authority or agency of the Commonwealth or of a State or of a Territory;
(e) the beneficial interest in which is vested in such a trading corporation; or
(f) that is for the time being demised or sub-demised to, or in the exclusive possession of, such a trading corporation.
"Great Barrier Reef Region has the same meaning as in the Great Barrier Reef Marine Park" Act 1975 .
"harbour" means a harbour properly so called, whether natural or artificial, and includes an estuary, navigable river, creek, channel, haven, roadstead, dock, pier, jetty or other work in or at which ships can obtain shelter or ship and unship goods or passengers.
"inland waterways vessel" means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly in waters other than waters of the sea, but does not include a Commonwealth ship.
"inter-State voyage" , in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:
(a) a port in a State and a port in another State;
(b) a port in a State and a port in a Territory; or
(c) a port in a Territory and a port in another Territory;
whether or not the ship travels between 2 or more ports in any one State or Territory in the course of the voyage.
"justice" means Justice of the Peace.
"master" means a person having command or charge of a ship.
"Medical Inspector of Seamen" means a person appointed under section 123 to be a Medical Inspector of Seamen.
"nuclear ship" means a ship provided with a nuclear power plant.
"officer" means the master, a mate or an engineer of a ship.
"officer of Customs" means a person who is an officer for the purposes of the Customs Act.
"officer of police" means a member or special member of the Australian Federal Police or a member of the police force of a State or of a Territory.
"official" means a superintendent, a surveyor, a Medical Inspector of Seamen or any other person, including a Collector or other officer of Customs, required to perform functions or discharge duties for the purposes of this Act.
"official log-book" , in relation to a ship, means the official log-book kept by the master of the ship in pursuance of section 171 or in pursuance of the law of a country other than Australia.
"order" means an order made under this Act.
"overseas voyage" , in relation to a ship, means a voyage in the course of which the ship travels between:
(a) a port in Australia and a port outside Australia;
(b) a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;
(c) a port outside Australia and a place in the waters of the sea above the continental shelf of Australia;
(d) a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;
(e) ports outside Australia; or
(f) places beyond the continental shelf of Australia;
whether or not the ship travels between 2 or more ports in Australia in the course of the voyage.
"parent" : without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
"passenger" means a person carried on board a ship with the knowledge or consent of the owner, charterer, agent or master of the ship, not being:
(a) a person employed or engaged in any capacity on board the ship on the business of the ship;
(b) a person on board the ship in pursuance of an obligation imposed on the master by any law (including a law of a country other than Australia) to assist shipwrecked, distressed or other persons or by reason of circumstances that could not have been prevented or forestalled by the owner, charterer, agent or master of the ship; or
(c) a child under the age of one year.
"pilot" means a person who does not belong to, but has the conduct of, a ship.
"pleasure craft" means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly for recreational or sporting activities (whether or not let, or intended to be let, for hire or reward or consideration of any kind), but does not include a Commonwealth ship or an inland waterways vessel.
"port" includes place and harbour.
"PPSA security interest" (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest );
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest , see section 308 of the Personal Property Securities Act 2009 .
(a) a superintendent;
(b) in relation to a prescribed country:
(i) a person who, under the law of that country, has powers, duties and functions similar to the powers, duties and functions of a superintendent under this Act; or
(ii) a diplomatic or consular representative of Australia or a consul of a prescribed country; or
(c) in relation to a foreign country other than a prescribed country--a diplomatic or consular representative of Australia or a consul of a prescribed country.
"radio equipment" includes radio navigational aid equipment.
"regulated ship" has the meaning given by section 186G.
"sea" includes any waters within the ebb and flow of the tide.
"seaman" means a person employed or engaged in any capacity on board a ship on the business of the ship, other than:
(b) a pilot; or
(c) a person temporarily employed on the ship in port.
"ship" means any kind of vessel used in navigation by water, however propelled or moved, and includes:
(a) a barge, lighter or other floating vessel;
(b) an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
(c) an off-shore industry mobile unit;
but (except in Part IIIA, in section 192B, in Division 1, 3, 4, 5, 6, 10, 11 or 13 of Part IV, in Part VII or IX, in Division 1, 3 or 4 of Part X or in Part XI) does not include an off-shore industry mobile unit that is not self-propelled.
"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person's stepchild except that the person is not legally married to the partner.
"superintendent" means a superintendent appointed under section 13.
"survey authority" means a corporation or association for the survey of shipping, approved by the Authority, in writing, for the purposes of this definition.
"surveyor" means a person appointed to be a surveyor under section 190.
"the Court" , in relation to proceedings under this Act, means the court exercising jurisdiction in respect of those proceedings.
"the Customs Act" means the Customs Act 1901 .
"the Marine Council" means the Marine Council established under section 424.
"the regulations" , except in section 425 or to the extent that the regulations provide otherwise, includes orders made under this Act or pursuant to the regulations.
"this Act" includes the regulations and, except to the extent that the regulations provide otherwise, includes orders made under this Act.
"trading ship" means a ship that is used, or, being a ship in the course of construction, is intended to be used, for, or in connection with, any business or commercial activity and, without limiting the generality of the foregoing, includes a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly or principally for:
(a) the carriage of passengers or cargo for hire or reward; or
(b) the provision of services to ships or shipping, whether for reward or otherwise;
but does not include a Commonwealth ship, a fishing vessel, a fishing fleet support vessel, an off-shore industry mobile unit, an off-shore industry vessel to which this Act applies, an inland waterways vessel or a pleasure craft.
(1A) For the purposes of this section, a ship that has been launched, but has not been completed and delivered under the relevant building contract, shall be deemed to be a ship in the course of construction.
(1B) For the purposes of this Act, activities in support of the fishing operations of a fishing vessel include:
(a) the storage and transport of fish taken, caught or captured by the fishing vessel; and
(b) the provision of food, fuel and other supplies to the fishing vessel while it is engaged in fishing operations; and
(c) the transport of crew members to and from the fishing vessel while it is engaged in fishing operations.
(1C) The Authority may declare, in writing, that a class of ships specified in the declaration are not to be taken to be fishing fleet support vessels under paragraph (b) of the definition of fishing fleet support vessel in subsection (1).
(2) A reference in this Act to failure to do an act or thing shall be read as including a reference to refusal or neglect to do that act or thing.
(4) Unless the contrary intention appears, a reference in this Act (except in Division 3 or 4 of Part VII) to the owner of a ship shall, in the case of a ship that is operated by a person other than the owner, be read as including a reference to the operator.
(4A) Where, in pursuance of articles of agreement, a person becomes a member of the crew of a ship, he or she is to, until he or she ceases to be a member of the crew of the ship, be deemed, for the purposes of this Act, to belong to the ship.
(4B) A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall be deemed, for the purposes of this Act, to cease to belong to the ship and does not again belong to the ship until he or she again becomes a member of the crew of the ship.
(4C) A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall not be taken to have been discharged from the ship.
(5) Unless the contrary intention appears, a reference in a provision of this Act to a prescribed country shall be read as a reference to a country prescribed for the purposes of that provision, and includes:
(a) a colony, overseas territory or protectorate of a country so prescribed; and
(b) a territory for the international relations of which a country so prescribed is responsible.
(6) Unless the contrary intention appears, a reference in this Act to the certificates of a master, officer or seaman shall be read as a reference to the certificates or other documents issued under, or having effect for the purposes of, this Act that are evidence that the master, officer or seaman, as the case may be, is a qualified master, officer or seaman, as the case may be, of any designation.
(7) For the purposes of this Act, a port in the Great Barrier Reef Region shall be taken to be a port in Australia.
(8) For the purposes of this Act, members of a person's family are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;
(c) anyone else who would be a member of the person's family because someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family.
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