Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"approved form" , in relation to a provision of this Act, means a form approved in an instrument under section 3B for the purposes of that provision.
Note: This subsection defines this Act to include the regulations.
"Australia" includes the external Territories.
"Australian General Shipping Register" means the Register referred to in subsection 56(1).
"Australian International Shipping Register" means the Register referred to in subsection 56(2).
"Australian national" means:
(a) an Australian citizen;
(b) a body corporate established by or under a law of the Commonwealth or of a State or Territory; or
(c) the Commonwealth or a State or Territory.
"Australian-owned ship" has the meaning given by section 8.
"Australian resident" : see resident of Australia .
"Australian ship" means a ship having Australian nationality by virtue of section 29.
"Authority" means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 .
"beneficial interests" includes interests arising under contract and other equitable interests.
"bill of sale" means a bill of sale referred to in section 36.
"branch office" means a branch office of the Registration Office.
"Certificate of Clearance" has the same meaning as in the Customs Act 1901 .
"civil penalty order" has the meaning given by subsection 61BA(4).
"civil penalty provision" means a subsection, or a section that is not divided into subsections, that has set out at its foot the words "civil penalty" and one or more amounts in penalty units.
"coastal trading" has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012 .
"Collector of Customs" means a person who is a Collector for the purposes of the Customs Act 1901 .
"Customs officer" means a person who is an officer for the purposes of the Customs Act 1901 .
"demise charter" , in relation to a ship, means the demise, letting, hire or delivery of the ship to the charterer under a charterparty, by virtue of which the charterer has whole possession and control of the ship (including the right to appoint the master and crew of the ship).
"Deputy Registrar" means a Deputy Registrar of Ships referred to in subsection 48(2).
"employee organisation" means:
(a) an organisation registered under the Fair Work (Registered Organisations) Act 2009 ; or
(b) an organisation recognised under a law of a foreign country as entitled to represent the industrial interests of seafarers.
"fish" includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.
"fishing vessel" means a ship that is used, or is intended to be used, wholly or principally for the taking, catching or capturing of fish for trading or manufacturing purposes.
"fixed fee" , in respect of a matter, means a fee determined by the Authority under section 47 of the Australian Maritime Safety Authority Act 1990 in respect of the matter.
"foreign country" means a country other than Australia.
"foreign port" means a port in a foreign country.
"foreign resident" means a person other than an Australian national or a resident of Australia.
"General Register" means the Australian General Shipping Register.
"Government authority" means:
(a) the Commonwealth or a State or Territory; or
(b) a body corporate established for a public purpose by or under a law of the Commonwealth or of a State or Territory, other than:
(ii) the Western Australian Coastal Shipping Commission; or
(iii) a body corporate that is declared by the regulations not to be a Government authority for the purposes of this definition.
"Government ship" means a ship 12 metres or more in length:
(a) that belongs to a Government authority or Government authorities, and to no other person;
(b) the beneficial interest in which is vested in a Government authority or Government authorities, and in no other person; or
(c) that is for the time being on demise charter to a Government authority or Government authorities, and to no other person.
"harbour" means a natural or artificial harbour, and includes:
(a) a navigable estuary, river, creek or channel; or
(b) a haven, roadstead, dock, pier, jetty or offshore terminal; or
(c) any other place in or at which ships can obtain shelter or load and unload goods or embark and disembark passengers.
"International Register" means the Australian International Shipping Register.
"international trading" has the meaning given by section 61AB.
"intra-State trading" : a ship is used to engage in intra-State trading if, for or in connection with a commercial activity, the ship:
(a) takes on board passengers or cargo at a port in a State or Territory; and
(b) carries those passengers or that cargo to another port in the same State or Territory where:
(i) some or all of those passengers disembark; or
(ii) some or all of that cargo is unloaded.
"issuing body" has the same meaning as in the Navigation Act.
"ITF template agreement" means a standard form of agreement that:
(a) relates to the working conditions of seafarers; and
(b) is formulated by the International Transport Workers' Federation; and
(c) is known as the International Transport Workers' Federation Uniform Total Crew Cost Collective Agreement; and
(d) is available on the Authority's website, or is otherwise available (without charge) from the Authority.
"lodged" means lodged with the Registrar in accordance with this Act.
"master" includes a person having command or charge of a ship, but does not include a pilot.
"national flag" means the Australian National Flag within the meaning of the Flags Act 1953 .
"Navigation Act" means the Navigation Act 2012 .
"offence based on" a particular provision of this Act, being a provision in respect of which section 74 creates an offence, means an offence against section 74 that relates to that provision (unless the contrary intention appears).
"officer" means a person (who may include the Minister) exercising powers, or performing duties or functions, under this Act.
"owner" of a ship:
(a) except in sections 8, 11A, 12, 30 and 58 and in Parts VA and VI--means a person registered as owner in accordance with the regulations; and
(b) in sections 8, 12, 30 and 58--has its ordinary meaning; and
(c) in section 11A and Part VA--has the same meaning as in the Navigation Act; and
(d) in Part VI--has the meaning given by section 62.
"pilot" means a person who has the lawful conduct of a ship, but does not belong to the ship.
"pleasure craft" means a ship that is used, or is intended to be used, wholly for recreational or sporting activities, whether or not let, or intended to be let, for hire or reward or consideration of any kind.
"port" includes a harbour.
"PPSA security interest" (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act).
Note: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest );
(c) Chapter 9 (transitional provisions).
"predominantly used to engage in international trading" : a ship is predominantly used to engage in international trading if, in a calendar year, the percentage of the time that the ship is used to engage in international trading exceeds the percentage of the time that the ship is used to engage in coastal trading or intra - State trading.
"previous law" means Part I of the Imperial Act known as the Merchant Shipping Act, 1894, as amended, or otherwise affected in its operation, by the provisions of any other Imperial Act or of any Act, in so far as that Part as so amended, or otherwise affected in its operation, is part of the law of the Commonwealth.
"proper officer" means a person holding, or performing the duties of, any of the following offices (being an office of the Commonwealth) in a country or place outside Australia, namely:
(a) Ambassador;
(b) Minister;
(c) Head of a Mission;
(d) Chargé d'Affaires;
(e) Counsellor, Secretary or Attaché of an Embassy, Legation or other post;
(f) Consul - General;
(g) Consul; or
(h) Vice - Consul.
"provisional registration certificate" means a provisional registration certificate granted under section 21, 22 or 65.
"red ensign" means the Australian Red Ensign within the meaning of the Flags Act 1953 .
"registered" means registered under this Act in:
(a) the General Register; or
(b) the International Register.
"registered agent" , in relation to a ship that is registered in the General Register or International Register, means the person whose name and address are entered in the relevant register in respect of that ship under section 64.
"Registers" means:
(a) the General Register; and
(b) the International Register.
"Registrar" means the Registrar of Ships referred to in subsection 48(1).
"registration certificate" means a registration certificate, other than a provisional registration certificate, granted under this Act.
"Registration Office" means the Australian Shipping Registration Office referred to in section 54.
"relevant court" , in relation to a matter, means any of the following courts:
(a) the Federal Court of Australia;
(b) the Federal Circuit and Family Court of Australia (Division 2);
(c) a superior court, or lower court, of a State or Territory;
that has jurisdiction in relation to the matter (see section 61BZD).
"relevant register" , in relation to a ship, means:
(a) if the ship is, or is to be, registered in the General Register--the General Register; and
(b) if the ship is, or is to be, registered in the International Register--the International Register.
"resident of Australia" or Australian resident means an individual:
(a) whose permanent place of abode is in Australia, whether or not he or she is from time to time temporarily absent from Australia; or
(b) whose domicile is in Australia, unless his or her permanent place of abode is outside Australia.
"seafarer" means any person who is employed or works in any capacity on board a ship on the business of the ship, other than the following:
(a) a pilot;
(b) an owner of the ship or a person representing the owner;
(c) law enforcement personnel;
(d) if the ship is a special purpose vessel within the meaning of the Navigation Act--special personnel, within the meaning of that Act, in relation to the vessel;
(e) a person temporarily employed on the ship in port;
(f) a person prescribed by the regulations.
"seafarers' bargaining unit" , for a ship, has the meaning given by subsection 11A(2).
"share" , in relation to a ship, means one of the shares into which the property in a ship is divided as provided by section 11.
"ship" means any kind of vessel capable of navigating the high seas and includes:
(a) a barge, lighter or other floating vessel;
(b) a structure that is able to float or be floated and is able to move or be moved as an entity from one place to another; and
(c) an air - cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
but does not include a vessel, structure, vehicle or craft declared by the regulations not to be a ship for the purposes of this definition.
"ship entitled to be registered" means:
(a) a ship that is required to be registered; or
(b) a ship that is permitted to be registered.
"ship on demise charter to an Australian-based operator" has the meaning given by section 9.
"ship permitted to be registered" means a ship permitted to be registered by virtue of section 14 or 15B.
"ship required to be registered" means a ship required to be registered by virtue of section 12.
"small craft" means a ship less than 12 metres in overall length.
"temporary pass" means a temporary pass granted under section 23.
"this Act" includes the regulations.
"trading ship" means a ship for use in connection with a commercial activity, but does not include:
(a) a Government ship; or
(b) a fishing vessel; or
(c) a pleasure craft.
Example: An example of a trading ship is a ship that is used wholly for the carriage of passengers or cargo for hire or reward.
"unregistered ship" means a ship entitled to be registered that is not registered.
"work agreement" has the same meaning as in the Navigation Act.
(2) In this Act, unless the contrary intention appears, a reference to the owner of a ship shall, if there is more than one owner of the ship, be read as a reference to each of the owners.
(5) A reference in this Act to failing to do an act or thing shall be read as including a reference to refusing to do that act or thing.
(6) For the purposes of this Act, strict compliance with an approved form is not required and substantial compliance is sufficient.
(7) A reference in this Act to an offence against this Act, to an offence against a provision of this Act or to a contravention of, or failure to comply with, 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.
(8) In this Act, a reference to a ship includes a reference to every thing or article belonging to or to be used in connection with, or necessary for the operation and safety of, the ship.