Commonwealth Consolidated Acts

SPECIAL RECREATIONAL VESSELS ACT 2019 - SECT 4

  (1)   In this Act:

"Coastal Trading Act" means the Coastal Trading (Revitalising Australian Shipping) Act 2012 .

"external to Australia" means:

  (a)   beyond the baseline from which the breadth of the territorial sea is measured under section   7 of the Seas and Submerged Lands Act 1973 ; or

  (b)   any waters on the landward side of the territorial sea that are not within the limits of a State or internal Territory.

Note:   For the baseline, see Australia's territorial sea baseline (AGPS) 1988: generally the baseline is the lowest astronomical tide along the coast, but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast.

"rules" means rules made under section   16.

"special recreational vessel" means a vessel that:

  (a)   is designed to be used wholly or primarily for recreational or sporting activities; and

  (b)   is over 24 metres in length; and

  (c)   is not used wholly or primarily for carrying cargo.

"special recreational vessel temporary licence" means a licence granted under Division   2 of Part   4 of the Coastal Trading Act as applied by Part   3 of this Act.

Note:   An application for a special recreational vessel temporary licence is made under section   8 of this Act, but licences are granted under Division   2 of Part   4 of the Coastal Trading Act as applied by Part   3 of this Act.

"voyage" , in relation to a special recreational vessel, means:

  (a)   the movement of the vessel in a way that would satisfy paragraph   7(1)(a) or (b) of the Coastal Trading Act; or

  (b)   the movement of the vessel in a way that would satisfy paragraph   7(1)(c) of the Coastal Trading Act if:

  (i)   the movement is, in whole or in part, external to Australia; or

  (ii)   the vessel is owned, in whole or in part, by a constitutional corporation; or

  (iii)   the movement of the vessel is within a Territory.

Note:   Generally the movement of a vessel is external to Australia if the vessel travels seaward of the low water mark. See also the definition of external to Australia .

Expressions used in the Coastal Trading Act

  (2)   Subject to subsection   (1), an expression that is used in the Coastal Trading Act has the same meaning, when used in this Act, as in that Act.

  (3)   The rules may prescribe expressions to which subsection   (2) does not apply.