Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
agreement means the ship’s articles or
agreement with the crew;
Australian coastal and middle-water operations in
relation to the limits of a vessel’s area of operations,
means —
(a)
ocean going operations in waters within a range of 600 nautical miles to
seaward of the coast; or
(b)
operations within such lesser limits as may be specified by the chief
executive officer;
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 section 4(2) of the Fisheries Act 1952
of the Commonwealth is in force;
Australian ship has the same meaning as in the
Shipping Registration Act 1981 of the Commonwealth;
boilers and machinery includes engines and
everything connected therewith employed in propelling a ship, and every
description of machinery used on a ship for the purposes of the ship or her
cargo, and all other apparatus or things attached to or connected therewith or
used with reference to any engine or under the care of the marine engineer or
marine engine driver;
casualty includes the loss, abandonment,
collision, grounding of, and any mishap, accident, and damage, whether by fire
or otherwise, to a ship and any serious injury to a person on board a ship;
chief executive officer means the chief executive
officer of the Department;
commercial vessel means a vessel which is not used
solely for pleasure or recreation and the use of which is made, allowed or
authorised in the course of any business or in connection with any commercial
transaction and, subject to any specific provision to the contrary, includes
any Government vessel other than one that belongs to an arm of the Defence
Force;
dangerous goods has the same meaning as in the
Dangerous Goods Safety Act 2004 ;
Department means the department of the Public
Service principally assisting the Minister in the administration of this Act;
Disciplinary Appeal Tribunal means the Western
Australia Mercantile Marine Disciplinary Appeal Tribunal established by
section 22;
equipment in relation to a ship, includes every
thing or article belonging to or to be used in connection with, or necessary
for the navigation and safety of, the ship and, in particular, includes boats,
tackle, pumps, apparel, furniture, lifesaving 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, and includes also such other things as may be
prescribed;
explosives means a substance or article used or
manufactured with the purpose of producing a practical effect by explosion or
a pyrotechnic effect;
fishing vessel means a vessel used or intended to
be used for catching fish, whales, seals, walrus, or other living resources of
the sea or the seabed for trading or manufacturing purposes, but excludes any
vessel engaged in harvesting or transportation of algae or aquatic plants;
floating restaurant includes a floating bar,
canteen, coffee shop, food store or kitchen;
Government vessel means a ship —
(a) that
belongs to the Commonwealth or a State or Territory of the Commonwealth;
(b) the
beneficial interest in which is vested in the Commonwealth or a State or
Territory of the Commonwealth; 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 of the Commonwealth,
and includes a ship that belongs to an arm of the Defence Force, but does not
include a ship that belongs to the Australian Shipping Commission or the
Western Australian Coastal Shipping Commission;
incompetent means unable, from any cause whatever,
to perform efficiently the duty of the person in relation to which the word is
used and incompetence has corresponding meaning;
inshore operations in relation to the limits of a
vessel’s area of operations means —
(a)
operations within a limit of 15 nautical miles to seaward of the coast but not
more than 30 nautical miles from a safe anchorage; or
(b)
operations within such lesser limits as may be specified by the chief
executive officer;
inspector means an inspector designated under
section 117 for the purposes of this Act;
Manning Committee means the Western Australia
Marine Manning Committee established by section 15;
master means every person, except a pilot, having
command or charge of a ship;
misconduct includes careless navigation,
drunkenness, tyranny, any failure of duty or want of skill, or any improper
conduct;
Navigation Act means the Navigation Act 1912
of the Commonwealth as amended and in force for the time being;
officer in relation to a ship, means the master,
mates, coxswain, marine engineers, and marine engine drivers of the ship;
official includes every person in the service of
the State employed for any purpose or duty in the administration of this Act;
offshore operations in relation to the limits of a
vessel’s area of operations, means —
(a)
operations within a limit of 200 nautical miles to seaward of the coast; or
(b)
operations within such lesser limits as the chief executive officer may
specify;
owner in relation to a vessel means any person
exercising, or discharging or claiming the right or accepting the obligation
to exercise or discharge, any of the powers or duties of an owner whether on
his own behalf or on behalf of another and includes a person who is the owner
jointly with any other person or persons and the manager or secretary of any
body corporate or company;
partially smooth waters means waters within such
geographical limits as are prescribed for the purposes of this definition;
passenger means every person on board a vessel
other than —
(a) the
master, members of the crew, other persons employed or engaged in any capacity
on board the vessel in the business of that vessel, and special personnel; and
(b) a
child under one year of age;
passenger vessel means a vessel that carries, or
is certified to carry, more than 12 passengers;
pleasure vessel has the meaning stipulated in
section 98;
ply means to navigate in or cause to pass over
navigable waters;
port includes places from which vessels may depart
or between which vessels may ply and is not restricted to places which are
ports for the purposes of the Shipping and Pilotage Act 1967 ;
repealed Act means the Act repealed by
section 135(1) and includes regulations made under that Act;
restricted offshore operations in relation to the
limits of a vessel’s area of operations means —
(a)
operations within a range of 30 nautical miles from the seaward limit of a
designated smooth or partially smooth water area or of a safe anchorage; or
(b)
operations within such lesser limits as may be specified by the chief
executive officer;
safety manning in relation to a vessel, means the
number of certificated and uncertificated persons required to safely navigate
that vessel;
seaman means a person employed or engaged in any
capacity on board a trading ship on the business of the ship, other than the
master, special personnel, a pilot, or a person temporarily employed on the
ship in port;
ship or vessel means any kind of vessel used or
capable of being used in navigation by water, however propelled or moved, and
includes —
(a) a
barge, lighter, floating restaurant, or other floating vessel; and
(b) an
air-cushion vehicle, or other similar craft, used wholly primarily in
navigation by water,
but does not include pontoons or floating jetties
used only for the purposes of walkways or storage and similar platforms
situated adjacent to river banks or any other shore in circumstances in which
they are not being towed or moored away from the shore;
smooth waters means waters within the geographical
limits prescribed for the purposes of this definition;
special personnel means all able bodied persons
having some knowledge of safety procedures and the handling of safety
equipment on board who are carried on board a vessel in connection with the
special purpose of the vessel or because of the need to be on board because of
special work being carried on in the vessel and does not include persons who
are —
(a)
members of the crew engaged in navigation, engineering or maintenance of the
vessel or attached to the vessel to provide services for other persons on
board; or
(b)
directly or indirectly paying passengers;
surveyor means a surveyor designated under
section 117 for the purposes of 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 vessel that is used, or, being a
vessel 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 fishing vessel;
wages includes emoluments of any kind.
(2) 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.
[Section 3 amended by No. 35 of 1990
s. 4 and 21; No. 47 of 1993 s. 33(1); No. 57 of 1997
s. 130(1); No. 7 of 2004 s. 70; No. 55 of 2004
s. 1309.]