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BOUNTY (SHIPS) AMENDMENT ACT 1985 No. 76 of 1985 - SECT 4
Interpretation
4. Section 3 of the Principal Act is amended-
(a) by omitting from sub-section (1) the definition of "Australian waters" and
substituting the following definitions:
" 'accounting period', in relation to a shipbuilder, has the meaning given by
section 4B;
'approved form' means a form approved by the Comptroller-General in writing;";
(b) by omitting from sub-section (1) the definition of "Collector" and
substituting the following definition:
" 'Collector' has the same meaning as in the Customs Act 1901;";
(c) by inserting after the definition of "modification" in sub-section (1)
the following definition:
" 'non-prescribed shipbuilder' means a person in whose name premises are
registered under section 10;";
(d) by omitting from sub-section (1) the definitions of "registered yards"
and "shipbuilder" and substituting the following definitions:
" 'prescribed shipbuilder' means a person registered by the Minister under
section 10A;
'registered premises' means premises registered by the Minister under
section 10;
'shipbuilder' means a person who-
(a) carries out the construction or modification of bountiable vessels; or
(b) arranges for the whole of the construction or modification of
bountiable vessels to be carried out on behalf of the person by other
persons;";
(e) by omitting from paragraph (2) (a) "registered yards" and substituting
"premises in Australia";
(f) by omitting from paragraph (2) (c) "tween-deck spaces" and
substituting "between-deck spaces";
(g) by omitting paragraph (2) (d) and substituting the following
paragraph:
"(d) where a part of the construction or modification of a bountiable vessel
is carried out by a person on behalf of a non-prescribed shipbuilder at
premises in Australia-that part of the construction or modification shall be
deemed to have been carried out by the shipbuilder and, if the premises are
not registered under section 10 in the name of the shipbuilder and other
premises are registered under section 10 in the name of the shipbuilder in
respect of all bountiable vessels, the vessel, vessels including the vessel or
a class of vessels in which the vessel is included, to have been carried out
at those other premises; and"; and
(h) by adding at the end the following sub-section:
"(3) For the purposes of this Act, 2 persons are associates of each other if,
and only if-
(a) both being natural persons-
(i) they are connected by a blood relationship or by marriage or
adoption; or
(ii) one of them is an officer or director of a body corporate
controlled, directly or indirectly, by the other;
(b) both being bodies corporate-
(i) both of them are controlled, directly or indirectly, by a third
person (whether or not a body corporate);
(ii) both of them together control, directly or indirectly, a third
body corporate; or
(iii) the same person (whether or not a body corporate) is in a
position to cast, or control the casting of, 5% or more of the
maximum number of votes that might be cast at a general meeting
of each of them;
(c) one of them, being a body corporate, is, directly or indirectly,
controlled by the other (whether or not a body corporate);
(d) one of them, being a natural person, is an employee, officer or
director of the other (whether or not a body corporate);
(e) they are members of the same partnership; or
(f) they are trustees or beneficiaries, or one of them is a trustee and
the other is a beneficiary, of the same trust.".
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