Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Australia" , when used in a geographical sense, includes each external Territory.
"Civil Liability Convention" has the same meaning as the Convention has in the Protection of the Sea (Civil Liability) Act 1981 .
"coastal sea of Australia" 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.
"commencement" , in relation to a proceeding, has the meaning given by subsection ( 2).
"costs and expenses" , in relation to the Marshal, has the meaning given by subsection ( 5).
"entering appearance" has the meaning given by subsection ( 4).
"Federal Court" means the Federal Court of Australia.
"foreign ship" means a ship that is not registered, and is not permitted to be registered, under the Shipping Registration Act 1981 .
"freight" includes passage money and hire.
"goods" , in relation to a ship, has the meaning given by subsection ( 3).
"hovercraft" means an air - cushion vehicle, or a similar vehicle, used wholly or principally in navigation by water.
"initiating process" includes a third party notice.
"inland waters" means waters within Australia other than waters of the sea.
"inland waterways vessel" means a vessel used or intended to be used wholly on inland waters.
"Liability Convention" means:
(a) the Civil Liability Convention;
(b) the Limitation Convention; or
(c) any other international convention that is in force in relation to Australia and makes provision with respect to the limitation of liability in relation to maritime claims.
"Limitation Convention" has the meaning given to the expression Convention by subsection 3(1) of the Limitation of Liability for Maritime Claims Act 1989 .
"limitation proceeding" means a proceeding under:
(a) section 25 of this Act;
(b) section 9 of the Limitation of Liability for Maritime Claims Act 1989 ; or
(c) section 10 of the Protection of the Sea (Civil Liability) Act 1981 .
"maritime claim" , general maritime claim and proprietary maritime claim have the meanings given by section 4.
"master" , in relation to a ship, means a person who has command or charge of the ship.
"member of the crew" , in relation to a ship, means a person employed or engaged in any capacity on board the ship on the business of the ship, other than:
(a) the master of the ship;
(b) a person who has the conduct of the ship as the pilot of the ship; or
(c) a person temporarily employed on the ship in port.
"mortgage" , in relation to a ship or a share in a ship, includes a hypothecation or pledge of, and a charge on, the ship or share, whether at law or in equity and whether arising under the law in force in a part of Australia or elsewhere.
"off-shore industry fixed structure" means a structure (including a pipeline) that:
(a) is fixed to the seabed and is not able to move or be moved as a structure from one place to another; and
(b) is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the mineral and other non - living resources of:
(i) the continental shelf of Australia; or
(ii) the seabed of the coastal sea of Australia or the subsoil of that seabed.
"off-shore industry mobile unit" means:
(a) a vessel, or a structure other than a vessel that is able to float or be floated and to move or be moved as a structure from one place to another, that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the mineral and other non - living resources of:
(i) the continental shelf of Australia; or
(ii) the seabed of the coastal sea of Australia or the subsoil of that seabed;
by drilling, or by obtaining substantial quantities of material from, the seabed or its subsoil, with equipment that is on or forms part of the vessel or structure; or
(b) a barge or similar vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off - shore industry fixed structures.
"relevant person" , in relation to a maritime claim, means a person who would be liable on the claim in a proceeding commenced as an action in personam .
"sea" includes all waters within the ebb and flow of the tide.
"ship" means a vessel of any kind used or constructed for use in navigation by water, however it is propelled or moved, and includes:
(a) a barge, lighter or other floating vessel;
(b) a hovercraft;
(c) an off - shore industry mobile unit; and
(d) a vessel that has sunk or is stranded and the remains of such a vessel;
but does not include:
(e) a seaplane;
(f) an inland waterways vessel; or
(g) a vessel under construction that has not been launched.
"surrogate ship" has the meaning given by subsection ( 6).
"this Act" includes the regulations and the Rules made under this Act.
(2) A reference in this Act to the time when a proceeding is commenced is a reference to the time when the initiating process in relation to the proceeding is filed in, or issued by, a court.
(3) A reference in this Act to goods, in relation to a ship, includes a reference to the baggage and other possessions of a person who is on the ship, being baggage and possessions that are being carried or are to be carried on the ship.
(4) A reference in this Act to the entering of appearance includes a reference to any similar procedure.
(5) A reference in this Act to the costs and expenses of the Marshal includes a reference to the amounts payable to a person acting in accordance with the Rules as a Marshal of a court.
(6) For the purposes of this Act, where:
(a) a proceeding on a maritime claim may be commenced against a ship under a provision of this Act (other than section 19); and
(b) under section 19, a proceeding on the claim may be commenced against some other ship;
the other ship is, in relation to the claim, a surrogate ship.