Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"aircraft" means any machine or craft that can derive support in the atmosphere from the reactions of the air.
"Australia" includes the external Territories.
"Australian coastal sea" 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 the Northern Territory .
"Australian ship" means:
(a) a ship registered in Australia ; or
(b) an unregistered ship having Australian nationality.
"Authority" means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 .
"cargo" includes ballast and ship's stores and fuel.
"civil proceeding" includes a civil action.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"controller" of a tangible asset means:
(a) in the case of land, seabed or premises--the occupier of the land, seabed or premises; or
(b) in the case of a facility, structure or installation--the person in charge of the facility, structure or installation; or
(c) in the case of goods--the person in control or possession of the goods.
"Convention" means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (a copy of the English text of which is set forth in Schedule 1) , as amended from time to time .
"direction under this Act" means a direction under paragraph 8(2)(b), 9(2)(b) or 10(3)(b) or a further direction under section 15.
"electronic communication" has the same meaning as in the Electronic Transactions Act 1999 .
"engage in conduct" has the same meaning as in the Criminal Code .
"goods" has the same meaning as in the Competition and Consumer Act 2010 .
"high seas" means all parts of the sea to which Part VII of the UN Convention on the Law of the Sea applies.
Note: Article 86 of the UN Convention on the Law of the Sea provides that the provisions of Part VII of the Convention apply to "all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State".
"internal waters" means waters of the sea within the limits of a State or the Northern Territory . For this purpose, sea includes any waters within the ebb and flow of the tide.
"master" , in relation to a ship, means the person having command or charge of the ship.
"owner" , in relation to a ship that is operated by a person (not being the owner of the ship) who has whole possession and control of the ship, means the operator of the ship.
"Protocol" means the Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973 (being the Protocol a copy of whose English text is set out in Schedule 2), as affected by the following resolutions of the Marine Environment Protection Committee of the International Maritime Organization revising the list of substances to be annexed to the Protocol:
(a) the resolution adopted on 4 July 1991 (being the resolution a copy of whose English text is set out in Schedule 3);
(b) the resolution adopted on 10 July 1996 (being the resolution a copy of whose English text is set out in Schedule 4);
and as amended from time to time.
"services" has the same meaning as in the Competition and Consumer Act 2010 , and includes services provided by an employee.
"ship" :
(a) when used in relation to a matter arising under, or relating to, section 8 or 9--has the same meaning as in the Convention; or
(b) when used in relation to a matter arising under, or relating to, section 10-- has the same meaning as vessel has in the Navigation Act 2012 .
"supply" has the same meaning as in the Competition and Consumer Act 2010 .
"tangible asset" means:
(a) land or seabed; or
(b) premises; or
(c) a facility; or
(d) a structure; or
(e) an installation; or
(f) any of the following goods:
(i) a vessel;
(ii) an aircraft;
(iii) a vehicle;
(iv) an item of equipment or machinery;
(v) a tool;
(vi) any other article.
"UN Convention on the Law of the Sea" means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31. In 2006, 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) It is hereby declared to be the intention of the Parliament that the provisions of this Act that relate to the Protocol shall have full force and effect whether or not the Protocol has entered into force.