Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"another Contracting Party" means a Contracting Party to the Convention other than Australia.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian fishing zone" has the same meaning as in the Fisheries Management Act 1991 .
"Australian national" means:
(a) an Australian citizen; or
(b) a body corporate established by or under a law of the Commonwealth, of a State or of a Territory.
"Australian vessel" means:
(a) a vessel that is registered in Australia;
(b) a vessel that is under the control or in the possession of any one or more of the following:
(i) the Commonwealth (including an arm of the Defence Force) or a State or Territory;
(ii) a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory;
(iii) a company or other body corporate incorporated under a law in force in a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest; or
(c) a vessel (other than a vessel referred to in paragraph (a) or (b)) that has Australian nationality.
"authority of another Contracting Party" means a permit, licence or other authority issued or given by another Contracting Party under a law of that other Contracting Party or (whether under a law or otherwise) for purposes of, and in accordance with, the Convention, or an arrangement made by another Contracting Party for purposes of, and in accordance with, the Convention.
"conservation measures" means measures for the conservation of Antarctic marine living resources that are adopted from time to time by the Commission for the Conservation of Antarctic Marine Living Resources under Article IX of the Convention and by which Australia accepts in accordance with that Article to be bound.
"contravention" , in relation to this Act, a provision of this Act, or a condition of a permit, includes a failure to comply with this Act, that provision or that condition.
"Convention" means the Convention entitled "Convention on the Conservation of Antarctic Marine Living Resources" that was opened for signature at Canberra on 1 August 1980, a copy of the English text of which is set out in the Schedule.
"Convention area" means the area south of the Antarctic Convergence.
"foreign person" means a person other than an Australian national.
"foreign vessel" means a vessel other than an Australian vessel.
"harvest" , in relation to marine organisms, includes:
(a) take, collect, catch, capture, kill, injure, interfere with, cut up, dismember, clean, sort, coat, pack, process, preserve, store, carry or transport, for any purpose; or
(b) search for with the object of finding and taking for any purpose.
"inspector" means:
(a) a person appointed as an inspector under paragraph 13(1)(a); or
(b) a person referred to in subsection 13(2).
"interfere with" , in relation to marine organisms, includes harass, chase, herd, tag, mark or brand.
"law of the Territory" means a law in force in the Territory other than an Act or instrument (not being an Ordinance or an instrument made under an Ordinance) made under an Act.
"marine organism" means a marine organism in the Convention area that belongs to any species of living organisms that is found in the Convention area.
"master" , in relation to a vessel, means the person having command or charge of the vessel.
"permit" means a permit in force under this Act.
"special inspector" means a person appointed as a special inspector under paragraph 13(1)(b).
"the Territory" means the Australian Antarctic Territory.
"this Act" includes the regulations.
"vessel" includes an air - cushion vehicle or other similar craft.
(2) Where a provision of this Act requires a notice to be served on a person by the Minister, the notice may be served on that person personally, by post or in any other prescribed manner.
(3) A reference in this Act to an offence against this or any other Act, to an offence against regulations made under any Act or to an offence against a provision of this Act shall be read as including a reference to an offence against section 6 of the Crimes Act 1914 , or against section 11.1 or 11.4 of the Criminal Code , in relation to this Act or that other Act or those regulations, as the case may be.
(4) A reference to an inspector in a provision of this Act that confers a function or power or imposes a duty upon inspectors shall be read as including a reference to any special inspector in respect of whom that function, power or duty is specified in pursuance of subsection 13(4).
(5) A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police.
(6) Except in so far as the contrary intention appears, an expression that is used in this Act and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.