(1) A vessel is a regulated Australian vessel if:
(a) under the Shipping Registration Act 1981 , the vessel is registered, required to be registered or exempt under section 13 of that Act from that requirement ; and
(b) the vess el is not a recreational vessel ; and
(c) any of the following apply:
( i ) the vessel is proceeding on an overseas voyage or is for use on an overseas voyage;
(ii) a c ertificate issued under this Act , ot her than a non - Convention tonnage certificate or a certificate prescribed by the regulations , is in force for the vessel;
(iii) an opt - in declaration is in force for the vessel.
( 2 ) A vessel is a regulated Australian vessel if the vessel is an Australian Border Force vessel .
( 3 ) A vess el referred to in subparagraph ( 1)(c)( i ) or (ii) is not a regulated Australian vessel if a de clar ation under section 19 is in force for the vessel.
( 4 ) A vessel in the course of construction is a regulated Australian vessel if the vessel is, after completion, for use as a vessel referred to in subparagraph ( 1) (c)( i ) or subsection ( 2 ) .
( 5 ) For the purposes of subsection ( 4 ), a vessel that
has been launched, but has not been completed and delivered, is taken to be a
vessel in the course of construction.