(1) For the purposes of this Act, and subject to subsection ( 2), a vessel is used to engage in coastal trading if, for or in connection with a commercial activity:
(a) the vessel:
(i) takes on board passengers or cargo at a port in a State or Territory; and
(ii) carries the passengers or cargo to a port in another State or Territory where some or all of the passengers disembark or some or all of the cargo is unloaded; or
(b) the vessel:
(i) takes on board passengers or cargo at a port in a State or Territory; and
(ii) carries the passengers or cargo to a port in the same State or Territory where some passengers disembark or some cargo is unloaded; and
(iii) carries passengers or cargo to a port in another State or Territory where some or all of the passengers disembark or some or all of the cargo is unloaded; or
(c) the vessel:
(i) takes on board passengers or cargo at a port in a State or Territory; and
(ii) 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; and
(iii) is one in relation to which a declaration under subsection 12 (2) is in force.
(2) Subsection ( 1) does not apply in respect of the following :
(a) a passenger who :
(i) hold s a through ticket to or from a port outside Australia ; and
(ii) disembarks at a port in Australia for transit purposes only;
(b) cargo that:
(i) is consigned on a through bill of lading to or from a port outside Australia; and
(ii) is unloaded at a port in Australia for trans shipment only;
(c ) passengers , or cargo , of a kind prescribed by the regulations for the purposes of this paragraph.