Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"accommodation" includes sleeping rooms, mess rooms, duty rooms, recreation facilities, storerooms, change rooms, lockers, galleys, refrigerating chambers, sanitary facilities, hospital accommodation, office accommodation and catering accommodation.
"agency" :
(a) of the Commonwealth, includes the following:
(i) a non - corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 );
(ii) a body corporate established for a public purpose by or under a law of the Commonwealth; and
(b) of a State or a Territory, includes the following:
(i) a Department of State (however described) of the State or Territory;
(ii) a body corporate established for a public purpose by or under a law of the State or Territory.
"aggravated contravention" : see section 144.
"aid to navigation" means:
(a) a lighthouse, lightship, beacon or buoy; or
(b) an electronic aid that is used as an aid to marine navigation, such as a meteorological or oceanographic sensor, satellite navigation system or global positioning system; or
(c) maritime communications equipment and infrastructure; or
(d) any other structure, mark, device or apparatus that is an aid to marine navigation;
but does not include any device or apparatus that forms part of the equipment of a vessel (unless the vessel is a lightship).
"alcohol test" means a test under section 78.
"AMSA" means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 .
"AMSA aid to navigation" means an aid to navigation that is owned or controlled by AMSA.
"approved form" means a form approved under section 338.
"article in the course of post" means an article that is being carried by or through the Australian Postal Corporation, and includes an article that has been collected or received by the Australian Postal Corporation for carriage by post, but has not been delivered by the Australian Postal Corporation.
"Australia" includes the external Territories.
"Australian-based foreign Greater Sunrise vessel" means a foreign Greater Sunrise vessel that operates from an Australian port.
"Australian Border Force vessel" : see section 17.
"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 .
"Australian port" means:
(a) an Australian port; or
(b) a port in the Great Barrier Reef Region.
"cargo" of a vessel does not include ballast for the vessel or goods intended for consumption on the vessel.
Example: Ship's stores and fuel that are intended for consumption on the vessel are not cargo of the vessel.
"child" of a person includes a person who is a child of the person within the meaning of the Family Law Act 1975 .
"civil penalty order" : see section 291.
"civil penalty provision" means a provision for whose contravention another provision states that a person is liable to a civil penalty.
"close quarters situation" means a situation in which vessels pass each other, or a vessel passes another vessel, a person or an object, in such proximity that a reasonable person would conclude that in all the circumstances there was a risk of an imminent collision.
"coastal sea" of Australia means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or internal Territory;
and includes the airspace over, and the sea - bed and subsoil beneath, any such sea.
"compulsory pilotage area" : see subsection 163(1).
"constable" has the meaning given by section 3 of the Crimes Act 1914 .
"container" has the same meaning as in the Container Convention.
"Container Convention" means the International Convention for Safe Containers, done at Geneva on 2 December 1972, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1981 No. 3 ([1981] ATS 3). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"dangerous goods" has the same meaning as in Chapter VII of the Safety Convention.
"de facto partner" has the meaning given by the Acts Interpretation Act 1901 .
"domestic commercial vessel" has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law.
"drug test" means a test under section 79.
"eligible court" means:
(a) the Federal Court of Australia; or
(b) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
"enforcement powers" : see section 260.
"enforcement warrant" means:
(a) a warrant issued under section 287; or
(b) a warrant signed by a magistrate under section 288.
"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.
"evidential material" means:
(a) in relation to an offence against this Act:
(i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and
(b) in relation to a contravention of a civil penalty provision:
(i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or
(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or
(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision.
"foreign-based foreign Greater Sunrise vessel" means a foreign Greater Sunrise vessel that operates from a port in a foreign country other than Timor - Leste.
"foreign Greater Sunrise vessel" means a foreign vessel that:
(a) does not have the nationality of Timor - Leste; and
(b) is engaged in Petroleum Activities (within the meaning of the Timor Sea Maritime Boundaries Treaty) in the Greater Sunrise special regime area; and
(c) is at, or travelling to or from, a Special Regime Installation (within the meaning of that treaty).
"foreign vessel" means a vessel:
(a) that does not have Australian nationality; and
(b) that is not a recreational vessel.
"Government vessel" means a vessel:
(a) that belongs to the Commonwealth or a State or Territory or an agency of the Commonwealth or a State or Territory; or
(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory or an agency of the Commonwealth or a State or Territory; or
(c) that is for the time being demised or sub - demised to the Commonwealth or a State or Territory or an agency of the Commonwealth or a State or Territory.
"Great Barrier Reef Region" has the same meaning as in the Great Barrier Reef Marine Park Act 1975 .
"Greater Sunrise special regime area" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"harbour" means a natural or artificial harbour, and includes:
(a) a navigable estuary, river, creek or channel; or
(b) a haven, roadstead, dock, pier, jetty or offshore terminal; or
(c) any other place in or at which vessels can obtain shelter or load and unload goods or embark and disembark passengers.
"historic wreck" means:
(a) remains or articles covered by paragraph 16(1)(a) or (b) of the Underwater Cultural Heritage Act 2018 ; or
(b) remains or articles covered by a declaration made in relation to item 1 or 2 of the table in subsection 17(5) of that Act; or
(c) remains or articles covered by a provisional declaration made in relation to item 1 or 2 of the table in subsection 19(5) of that Act.
"home port" of a seafarer means:
(a) the port specified in the seafarer's work agreement as the home port of the seafarer; or
(b) if there is no home port of the seafarer specified in a work agreement--the port at which the seafarer embarked.
"improvement notice" means a notice given under section 265.
"inspector" means a person appointed as an inspector under subsection 254(1).
"internal waters of Australia" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"International Tonnage Certificate (1969)" means a certificate in the form of the International Tonnage Certificate (1969) set out in Annex II to the Tonnage Convention.
"issuing body" means AMSA or a recognised organisation.
"length overall" , of a vessel, has the meaning given by section 20.
"licensed pilot" means a person who is licensed as a pilot under regulations made for the purposes of Part 2 of Chapter 6.
"Limitation of Liability for Maritime Claims Convention" means the Convention on Limitation of Liability for Maritime Claims, done at London on 19 November 1976, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1991 No. 12 ([1991] ATS 12). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"Load Lines Convention" means the International Convention on Load Lines, done at London on 5 April 1966, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1968 No. 23 ([1968] ATS 23). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"make fast" to an object means use the object as a mooring.
"mandatory ship routeing system" means a ship routeing system that is:
(a) adopted or mandated by the International Maritime Organization; and
(b) prescribed by the regulations;
as in force from time to time.
"marine incident" means any of the following:
(a) a death of, or injury to, a person associated with the operation or navigation of a vessel;
(b) the loss or presumed loss of a vessel;
(c) a collision of a vessel with another vessel;
(d) a collision of a vessel with an object;
(e) the grounding, sinking, flooding or capsizing of a vessel;
(f) a fire on board a vessel;
(g) a loss of stability of a vessel that affects the safety of the vessel;
(h) the structural failure of a vessel;
(i) a close quarters situation;
(j) an event that results in, or could have resulted in:
(i) the death of, or injury to, a person on board a vessel; or
(ii) the loss of a person from a vessel; or
(iii) a vessel becoming disabled and requiring assistance;
(k) the fouling or damaging by a vessel of:
(i) any pipeline or submarine cable; or
(ii) any aid to navigation;
(l) an incident that is prescribed by the regulations and involves a vessel.
"Marine Order" : see section 342.
"Marine Safety (Domestic Commercial Vessel) National Law" has the meaning given by section 17 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 .
"Maritime Labour Convention" means the Maritime Labour Convention, 2006, done at Geneva on 23 February 2006, as amended and in force for Australia from time to time.
"master" means the person who has command or charge of a vessel, but does not include a pilot.
"member of a person's family" includes the following:
(a) a de facto partner of the person;
(b) a child of the person;
(c) a parent, grandparent, grandchild or sibling of the person.
"monitoring powers" has the meaning given by section 259.
"monitoring warrant" means a warrant issued under section 286.
"nautical publication" includes the following:
(a) sailing directions;
(b) lists of lights;
(c) notices to mariners;
(d) tide tables.
"navigates without a licensed pilot" has the meaning given by section 21.
"non-Convention tonnage certificate" means a tonnage certificate other than an International Tonnage Certificate (1969).
"non-Tonnage Convention vessel" means a vessel to which the Tonnage Convention does not apply.
"officer" means the master, mate or engineer of a vessel.
"officer of Customs" means an officer of Customs within the meaning of the Customs Act 1901 .
"official logbook" means a logbook kept in accordance with regulations made for the purposes of section 309.
"operate" a vessel means:
(a) determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel, whether or not the vessel is underway; or
(b) load or unload the vessel when it is moored or berthed.
"opt-in declaration" , in relation to a vessel, means a declaration under subsection 25(2) in relation to the vessel.
"overloaded" , in relation to a vessel, has the meaning given by regulations made for the purposes of paragraph 113(a).
"overseas voyage" : see section 16.
"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 paragraph (b), a person is not taken to have overall general control and management of a vessel merely because he or she is the master or pilot of the vessel.
"passenger" means a person carried on board a vessel with the knowledge or consent of the owner of the vessel or his or her representative, or of the charterer or master of the vessel, other than:
(a) a person employed or engaged in any capacity on board the vessel on the business of the vessel; or
(b) a person on board the vessel:
(i) under an obligation imposed on the master by any law (including a law of a country other than Australia) to assist shipwrecked, distressed or other persons; or
(ii) because of circumstances that could not have been prevented by the owner, charterer, agent or master of the vessel; or
(c) a child under the age of 1 year; or
(d) if the vessel is a special purpose vessel--special personnel in relation to the vessel.
"pilot" means a person who does not belong to, but has the conduct of, a vessel.
"pilotage provider" includes a person who is responsible for the following:
(a) training pilots;
(b) the safe transfer and operation of pilots;
(c) assigning or allocating a pilot to the transit of a vessel through particular waters;
(d) undertaking such other activities in relation to pilotage as are prescribed by the regulations;
irrespective of the legal relationship, contractual or otherwise, between that person and the pilot concerned.
"pollution certificate" means a certificate issued under section 132.
"port" includes a harbour.
"PPSA security interest" means a security interest within the meaning of the Personal Property Securities Act 2009 .
"premises" includes the following:
(a) a structure, building, vehicle or vessel;
(b) a place (whether or not enclosed or built upon);
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
"Prevention of Collisions Convention" means the Convention on the International Regulations for Preventing Collisions at Sea, done at London on 20 October 1972 , as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1980 No. 5 ([1980] ATS 5). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"Prevention of Pollution Convention" has the same meaning as the Convention has in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 .
"proceeding on a voyage" : a vessel is taken to be proceeding on a voyage from the time when it is got underway for the purpose of proceeding on the voyage until the time when it is got underway for the purpose of proceeding on another voyage.
"prohibition notice" means a notice given under section 267.
"Protected Zone" means the zone that is:
(a) established under Article 10 of the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, done at Sydney on 18 December 1978, as amended and in force for Australia from time to time; and
(b) the area bounded by the line described in Annex 9 to that Treaty.
Note: The text of the Treaty is set out in Australian Treaty Series 1985 No. 4 ([1985] ATS 4). In 2012, the text of a Treaty in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"recognised organisation" means an organisation that is prescribed by the regulations for the purposes of this definition.
"record of service" means a record of service, however described, and includes articles of agreement.
"recreational vessel" means a vessel that is not for use in connection with a commercial, governmental or research activity.
Note: A recreational vessel can include a vessel that does not have Australian nationality.
"regulated Australian vessel" : see section 15.
"regulations" (except in subsections 331(2), 339(1), 341(2), 342(1) and 343(1) and any other provision where the context indicates otherwise) includes Marine Orders made under subsection 342(1).
"ride by" an object means go close to the object in such a way as to create a significant wash that affects the object.
"safety certificate" means a certificate issued under section 100.
"Safety Convention" means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1983 No. 22 ([1983] ATS 22). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"Salvage Convention" means the International Convention on Salvage, done at London on 28 April 1989, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1998 No. 2 ([1998] ATS 2). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"salvage operation" means any act or activity undertaken to assist a vessel or any other property not permanently and intentionally attached to the shoreline (including freight at risk) in danger in any waters.
"seafarer" means any person who is employed or engaged or works in any capacity (including that of master) on board a vessel on the business of the vessel, other than the following:
(a) a licensed pilot of the vessel (acting as such a pilot);
(b) an owner of the vessel or a person (except the master) representing the owner;
(c) law enforcement personnel (in their capacity as law enforcement personnel);
(d) if the vessel is a special purpose vessel--special personnel in relation to the vessel;
(e) a person temporarily employed on the vessel in port;
(f) a person prescribed by the regulations.
"seafarer certificate" means a certificate issued under section 31.
"seafarer's vessel" means the vessel on which the seafarer concerned is employed, is engaged or works.
"seaworthy" : see section 23.
"special personnel" , in relation to a special purpose vessel, means a person who is carried on board the vessel in connection with the special purpose of the vessel.
"special purpose vessel" : see section 18.
"STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, done at London on 7 July 1978, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1984 No. 7 ([1984] ATS 7). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"substandard" : see section 24.
"taken to sea" : see section 22.
"this Act" includes regulations and other legislative instruments made under this Act.
"Timor Sea Maritime Boundaries Treaty" means the Treaty between Australia and the Democratic Republic of Timor - Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.
Note: The Timor Sea Maritime Boundaries Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"tonnage certificate" means a certificate issued under section 155.
"Tonnage Convention" means the International Convention on Tonnage Measurement of Ships, done at London on 23 June 1969, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1982 No. 15 ([1982] ATS 15). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"unclaimed wreck" means any wreck in respect of which no claim has been made during the period of a year beginning when AMSA first publishes a notice under section 234 in relation to the wreck.
"United Nations Convention on the Law of the Sea" means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31 ([1994] ATS 31). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"vessel" means any kind of vessel used in navigation by water, however propelled or moved, and includes the following:
(a) a barge, lighter or other floating craft;
(b) an air - cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.
"vessel traffic service" means a navigational service implemented under a law of the Commonwealth or of a State or Territory and in accordance with guidelines for vessel traffic services adopted by the International Maritime Organization on 27 November 1997 to improve the safety and efficiency of vessel traffic and to protect the environment, as in force from time to time.
"vessel traffic service authority" means an entity authorised by AMSA to provide a vessel traffic service.
"warrant" means a monitoring warrant or an enforcement warrant.
"work agreement" means an agreement that is made between a seafarer and the owner of the seafarer's vessel.
"wreck" includes:
(a) a vessel that is wrecked, derelict, stranded, sunk or abandoned or that has foundered; and
(b) any thing that belonged to or came from a vessel mentioned in paragraph (a); and
(c) any thing that belonged to or came from a vessel in distress; and
(d) jetsam, flotsam and lagan.
(2) A reference in this Act to failure to do an act or thing includes a reference to refusing or neglecting to do that act or thing.