Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Part, unless the contrary intention appears:
"member of the crew" , in relation to a Naval ship, means any member of the Defence Force, whether an officer or a sailor, who belonged to, and was on board, the ship at the time the salvage services were rendered and includes any other member of the Defence Force who was on board the ship at that time and who took part i n the rendering of such services.
"Naval ship" means a ship belonging to the Defence Force .
"officer" means an officer of the Defence Force .
"salvage" includes all expenses properly incurred by a Naval ship in the performance of salvage services.
"salvage services" means any act or activity undertaken to assist a vessel or property in danger in whatever waters the act or activity takes place.
"vessel" means any ship, craft or structure capable of navigating the high seas.
(2) Where, before a claim for salvage in respect of salvage services rendered by a Naval ship is commenced or settled, a person who was the commanding officer of that ship at the time when the ship rendered salvage services:
(b) is absent from duty or from Australia or is, for any other reason, unable to act or continue to act on behalf of the members of the crew in accordance with subsection 117A(3);
the Chief of the Defence Force shall, by instrument in writing, appoint a member of the crew of that ship to act on that person's behalf.
(3) Where, before a claim for salvage in respect of salvage services rendered by a Naval ship is commenced or settled, a person who was the commanding officer of that ship at the time when the ship rendered salvage services:
(a) ceases (otherwise than by reason of death) to be the commanding officer of that ship; or
(b) ceases (otherwise than by reason of death) to be a member of the Defence Force ;
that person shall, for the purposes of this Part, be taken to be the
commanding officer of that ship until the claim for salvage is settled.