Western Australian Consolidated Acts

WESTERN AUSTRALIAN MARINE ACT 1982 - SECT 6

6 .         Application to intra-state voyages etc.

        (1)         Except where the context otherwise requires, this Act applies in relation to —

            (a)         a trading ship proceeding on an intra-state voyage;

            (b)         an Australian fishing vessel, a hire and drive vessel, and a pleasure vessel, proceeding on —

                  (i)         an intra-state voyage; or

                  (ii)         that part of an inter-state voyage which began in the State where the vessel is not within the jurisdiction of another State or Territory of the Commonwealth;

            (c)         a vessel connected with the State, being an Australian fishing vessel, a hire and drive vessel, or a pleasure vessel, proceeding on an inter-state voyage which began in the State; and

            (d)         an Australian fishing vessel proceeding on an inter-state voyage, a hire and drive vessel, and a pleasure vessel, where the vessel is within —

                  (i)         the territorial sea adjacent to the State;

                  (ii)         the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and

                  (iii)         waters within the limits of the State,

                and in relation to its owner, master and crew.

        (2)         Except in so far as the application of this section is expressly excluded by a provision of this Act, this Act does not apply in relation to —

            (a)         a trading ship proceeding on an overseas voyage or an inter-state voyage; or

            (b)         an Australian fishing vessel proceeding on an overseas voyage,

                or in relation to its owner, master or crew.

        (3)         A ship shall, for the purposes of this section, be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.

        (4)         The expressions inter-state voyage and overseas voyage have the same meaning in this section as in section 6 of the Navigation Act.

        (5)         For the purposes of this section an intra-state voyage is a voyage other than an overseas voyage or an inter-state voyage.

        (6)         For the purposes of this section, a vessel is connected with the State which —

            (a)         is registered or deemed to be registered in the State under the Shipping Registration Act 1981 of the Commonwealth;

            (b)         is owned by a body corporate established under the laws of the State or having its principal office or place of business in the State, or is in the possession of any such body corporate by virtue of a charter;

            (c)         is owned by any person or body corporate whose chief office or place of business in respect of the management of such vessel is in the State, or is in the possession of any such person or body corporate by virtue of a charter; or

            (d)         is registered or licensed or required to be registered or licensed under a law of the State.