(1) The owner of a vessel may apply to the Minister for a declaration under subsection ( 2) in relation to the vessel.
(2) The Minister may, in writing, declare that this Act applies in relation to the vessel even when, for or in connection with a commercial activity, the vessel:
(a) takes on board passengers or cargo at a port in a State or Territory; and
(b) carries the passengers or cargo to a port in the same State or Territory where some or all of the passengers disembark or some or all of the cargo is unloaded.
Expiry or revocation of declaration
(3) A declaration made under subsection ( 2) ceases to have effect at the end of the period, if any, specified in the declaration, unless it is revoked before that time.
(4) The Minister must revoke a declaration made under subsection ( 2) if requested to do so by the owner of the vessel to which the declaration relates.
(5) The Minister may revoke a declaration made under subsection ( 2) if the Minister is satisfied:
(a) that the vessel to which the declaration relates no longer exists or has been lost; or
(b) that the name or any other details of the vessel have been changed since the making of the declaration; or
(c) that the vessel no longer operates in Australia.
Declaration not a legislative instrument
(6 ) A declaration made under subsection ( 2) is not a legislative instrument.