Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"acceptable tolerance limits" means:
(a) in relation to cargo authorised to be carried on a vessel under a temporary licence--not more than 2 0% more, or less, of the volume of cargo authorised to be carried under the licence; or
(b) in relation to passengers authorised to be carried on a vessel under a t emporary licence--not more than 2 0% more, or less, of the number of passengers authorised to be carried under the licence; or
(c) in relation to a loading date--5 days before or after th e loading date.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian General Shipping Register" has the same meaning as in the Shipping Registration Act 1981 .
"Australian International Shipping Register" has the same meaning as in the Shipping Registration Act 1981 .
"Australian nationality" : a vessel has Australian nationality if it is a ship that has Australian nationality within the meaning of the Shipping Registration Act 1981 .
"authorised person" means a person appointed as an aut horised person under section 108 .
"business day" means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory; or
(d) 27, 28, 29, 30 or 31 December.
"cargo" means any personal property :
(a) that is carried on board a vessel ; and
(b) for which a bill of lading, or a receip t of a similar kind , is issued.
"civil penalty order" has the meaning given by section 86 .
"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" : see section 7 .
"Commonwealth" agency includes :
(a) a non - corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); and
(b) a body corporate established for a public purpose under a law of the Commonwealth.
"Commonwealth" vessel means a vessel that is owned by, or in the possession or control of, the Commonweal th or a Commonwealth agency .
"emergency licence" means a licence granted under Division 3 of Part 4.
"energy security situation" : see subsection ( 1A).
"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
"executive officer" of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part i n, the management of the body.
"Federal Court" means the Federal Court of Australia.
"fish" includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.
"fishing fleet support vessel" means a vessel (other th an a Commonwealth vessel or an inland waterways vessel) that is used wholly or primarily in activities in support of the fishing operations of a fishing vessel .
Note: For in support of the fishing operations , see subsection ( 2).
"fishing operations" means:
(a) the taking, catching or capturing of fish for trading or manufacturing purposes; and
(b) the processing or carrying of the fish that are taken, caught or captured.
"fishing vessel" means a vessel (other than a Commonwealth vessel or an inland waterways vessel) that is used wholly or pri marily for fishing operations .
"general licence" means a licence granted or renewed under Division 1 of Part 4.
"harbour" means a natural or artificial harbour, and includes an estuary, navigable river, creek, channel, haven , roadstead, dock, pier, jetty or other place in or at which vessels can obtain shelter or load and unload goods or embark and disembark passengers.
"inland waterways vessel" means a vessel (other than a Commonwealth vessel ) that is used wholly in waters other than waters of the sea.
"internal waters of Australia" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"international agreement" means a treaty or agreement whose parties are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
"licence" means a general licence, a temporary licence or an emergency licence.
"liquid fuel product" means any of the following:
(a) biodiesel (within the meaning of the Excise Tariff Act 1921 );
(b) liquid fuel (within the meaning of the Liquid Fuel Emergency Act 1984 );
(c) liquid petrochemical (within the meaning of that Act);
(d) liquid petroleum (within the meaning of that Act);
(e) liquid petroleum product (within the meaning of that Act);
(f) petrochemical (within the meaning of that Act);
(g) petroleum (within the meaning of that Act);
(h) petroleum product (within the meaning of that Act);
(i) refined liquid petroleum product (within the meaning of that Act).
"loading date" means the date passengers or cargo are expected to be loaded on board a vessel.
"master" of a vessel means a person who has command or charge of the vessel, but does not include a pilot of the vessel .
"notice in response" , in relation to an application, has the meaning given by section 31 .
"offshore industry vessel" means a vessel that is used wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the mineral and other non - living resources of the seabed and its su bsoil.
"owner" of a vessel means one or more of the following:
(a) a person who has a legal or beneficial interest in the vessel, other than as a mortgagee;
(b) a person with overall general control and management of the vessel;
(c) a person who has assumed responsibility for the vessel from a person referred to in paragraph ( a) or (b).
For the purposes of paragraphs ( b) and (c), a person is not taken to have overall general control and management of a vessel, or to have assumed responsibility for a vessel, merely because he or she is the master or pilot of the vessel.
"passenger" means a person who is carried on board a vessel with the knowledge or consent of the owner, charterer or master of the vessel , if consideration (whether monetary or otherwise) is required to be, or has been, paid for the person to be so carried.
"permanent visa" has the same meaning as in the Migration Act 1958 .
"port" includes a harbour.
"recreational vessel" means a vessel (other than a Commonwealth vessel or an inland waterways vessel) that is 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).
"salvage operation" means any act or activity undertaken to assist a vessel or any other property not permanently and intentionally attached to the shoreline (includin g freight at risk) in danger in any waters.
"salvage vessel" means a vessel that is used wholly or primarily for salvage operations.
"sea" includes any waters within the ebb and flow of the tide.
"seafarer" means any person who is employed or engaged or works in any capacity on board a vessel on the business of the vessel, other than the following:
(a) a pilot;
(b) an owner of the vessel or a person representing the owner;
(c) law enforcement personnel;
(d) special personnel (within the meaning of section 283 of the Navigation Act 1912 );
(e ) a person temporarily employed on the vessel in port;
(f ) a person prescribed by the regulations.
"temporary licence" means a licence granted under Division 2 of Part 4 and includes such a licence as varied under that Division .
"temporary visa" has the same meaning as in the Migration Act 1958 .
"vessel" means any kind of vessel used in navigation by water, however propelled or moved .
"voyage" means the movement of a vessel from one port to another port in a way that would satisfy paragraph 7 (1)(a), (b) or (c).
(1A) For the purposes of this Act, an energy security situation exists if:
(a) a vessel is used to undertake a voyage authorised by a temporary licence; and
(b) the vessel is carrying a liquid fuel product; and
(c) there are special circumstances, of a kind prescribed by the regulations, requiring the vessel to load or unload a liquid fuel product at a port that is not authorised by the licence.
(2) For the purposes of this Act, activities in support of the fishing operations of a fishing vessel include:
(a) the storage and transport of fish taken, caught or captured by the fishing vessel; and
(b) the provision of food, fuel and other supplies to the fishing vessel while it is engaged in fishing operations; and
(c) the transport of crew to and from the fishing vessel while it is engaged in fishing operations.