(1) A vessel is a regulated Australian vessel if:
(a) under the Shipping Registration Act 1981 , the vessel is registered, required to be registered or exempt under section 13 of that Act from that requirement; and
(b) the vessel is not a recreational vessel; and
(c) any of the following apply:
(i) the vessel is proceeding on an overseas voyage or is for use on an overseas voyage;
(ii) a certificate issued under this Act, other than a non - Convention tonnage certificate or a certificate prescribed by the regulations, is in force for the vessel;
(iii) an opt - in declaration is in force for the vessel.
(2) A vessel is a regulated Australian vessel if the vessel is an Australian Border Force vessel.
(3) A vessel referred to in subparagraph (1)(c)(i) or (ii) is not a regulated Australian vessel if a declaration under section 19 is in force for the vessel.
(4) A vessel in the course of construction is a regulated Australian vessel if the vessel is, after completion, for use as a vessel referred to in subparagraph (1)(c)(i) or subsection (2).
(5) For the purposes of subsection (4), a vessel that has been launched, but has not been completed and delivered, is taken to be a vessel in the course of construction.