Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Australian port" means a place appointed, proclaimed or prescribed as a port under the Customs Act 1901 , or under a law of a State or the Northern Territory .
"authorised person" means a person appointed under section 4B.
"Collector" means:
(a) a Collector within the meaning of the Customs Act 1901 ; or
(b) an authorised person.
"foreign-going ship" means a ship that is engaged in making overseas voyages.
"levy" means levy imposed by the Levy Act.
"Levy Act" means the Protection of the Sea (Shipping Levy) Act 1981 .
"master" , in relation to a ship, means the person having command or charge of the ship.
"oil" means any hydrocarbon oil or hydrocarbon liquid fuel, including, but without limiting the generality of the foregoing, crude oil, fuel oil, diesel oil, lubricating oil, heating oil, petrol, aviation fuel and kerosene.
"oil in bulk" means oil in bunkers or tanks, or in bunkers and tanks.
"overseas voyage" : a ship's voyage is an overseas voyage if in the course of the voyage the ship is present (except because of stress of weather, saving life at sea or other unavoidable cause) in waters outside the outer limits of the exclusive economic zone of Australia. However, the voyage is not an overseas voyage if:
(a) the voyage commences from a port in Queensland and ends at the same port or another port in Queensland; and
(b) as an incidental part of its voyage, the ship is present in waters that are outside the outer limits of the exclusive economic zone of Australia but within the Protected Zone; and
(c) the ship is not otherwise present in waters that are outside the outer limits of the exclusive economic zone of Australia.
"Protected Zone" means the zone that is:
(a) established under Article 10 of the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, done at Sydney on 18 December 1978, as amended and in force for Australia from time to time; and
(b) the area bounded by the line described in Annex 9 to that Treaty.
Note: The text of the Treaty is set out in Australian Treaty Series 1985 No. 4 ([1985] ATS 4). In 2012, the text of a Treaty in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"quarter" means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year.
"ship" means any kind of vessel used in navigation by water, however propelled or moved, and includes the following:
(a) a barge, lighter or other floating craft;
(b) an air - cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.
"tonnage" , in relation to a ship, means the net tonnage of the ship.
"Tonnage Measurement Convention" means the International Convention on Tonnage Measurement of Ships, done at London on 23 June 1969, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1982 No. 15 ([1982] ATS 15). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
(2) Where, at any time, the net tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the tonnage of a ship shall be taken to be a reference to the net tonnage of the ship expressed in tons.