Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"anti-fouling certificate" means a certificate issued under section 10.
"Australia" includes the external Territories.
"Australian law" means a law of the Commonwealth or of a State or Territory.
"Australian ship" means:
(a) a ship registered, or required to be registered, under the Shipping Registration Act 1981 ; or
(b) an unregistered ship that has Australian nationality under the Shipping Registration Act 1981 .
"Australian shipping facility" means a shipping facility in Australia or in Australia's exclusive economic zone.
"Authority" means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 .
"complies with the anti-fouling requirements" has the meaning given by section 4.
"conduct" , in relation to an offence, has the same meaning as in the Criminal Code .
"Convention" means the International Convention on the Control of Harmful Anti - fouling Systems on Ships, done at London on 5 October 2001.
Note: In 2006, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"designated external surface" means any part of the hull or external parts or surfaces. For this purpose, hull or external parts or surfaces has the same meaning as in the Convention.
"engage in conduct" has the same meaning as in the Criminal Code .
"exempt platform" means any of the following (within the meaning of the Convention):
(a) a fixed or floating platform;
(b) a floating storage unit;
(c) a floating production, storage and off - loading unit.
"foreign Convention law" means a law of a foreign country that gives effect (wholly or partly) to the Convention.
"foreign ship" means a ship that is not an Australian ship.
"gross tonnage" has the same meaning as in the Convention.
"HAFC" (short for harmful anti - fouling compound) means an organotin compound that acts as a biocide in an anti - fouling system, or cybutryne. For this purpose, organotin compound , biocide and anti-fouling system have the same meaning as in the Convention.
"inspector" has the meaning given by section 16.
"international voyage" has the same meaning as in the Convention.
"length" has the same meaning as in the Convention.
"Marine Order" has the meaning given by section 24.
"master" , in relation to a ship, means the person having command or charge of the ship, but does not include a person exercising powers under an Australian law.
"offence against this Act" includes:
(a) an offence against the regulations; and
(b) an offence against Chapter 7 of the Criminal Code that relates to this Act or the regulations.
"owner" , in relation to a ship that is operated by a person other than the owner, includes the operator.
"pre-2003 exempt platform" means an exempt platform that was constructed before 1 January 2003 and has not been in dry dock on or after that date.
"pre-2023 exempt platform" means an exempt platform that was constructed before 1 January 2023 and has not been in dry dock on or after that date.
"prescribed" means prescribed by the regulations.
"regulations" includes Marine Orders.
"ship" has the same meaning as in Article 2 of the Convention, but does not include a ship that is being used for non - commercial purposes by:
(a) the Commonwealth, a State or a Territory; or
(b) the government of a foreign country.
"shipping facility" means:
(a) a port; or
(b) a shipyard; or
(c) an offshore terminal;
within the meaning of the Convention.
"survey authority" means:
(a) the Authority; or
(b) a body corporate approved by the Authority under section 5.