Commonwealth Numbered Acts

CONTROL OF NAVAL WATERS AMENDMENT ACT 1978 No. 8 of 1978 - SECT 3

3. Sections 2 and 3 of the Principal Act are repealed and the following
sections substituted: Interpretation
''2. (1) In this Act, unless the contrary intention appears-

'aircraft' means a machine or apparatus that can derive support in the
atmosphere from the reactions of the air or from buoyancy, but does not
include a hovercraft;

'defence land' means land used by the Commonwealth for purposes related to the
defence of the Commonwealth, and includes-

   (a)  land set apart for, or dedicated to, a public purpose, being a purpose
        related to the defence of the Commonwealth, by the Governor-General
        under section 54 of the Lands Acquisition Act 1955; and

   (b)  land reserved under a law of a Territory for a purpose related to the
        defence of the Commonwealth;

'exempt vessel' means-

   (a)  a vessel belonging to, or used by, the Commonwealth, including a
        vessel belonging to, or used by, the Australian Navy; or

   (b)  a vessel that is, by virtue of a Proclamation in force under section
        3A, an exempt vessel;

'hovercraft' means a vehicle that is designed to be supported when in motion
wholly or partly by air expelled from the vehicle to form a cushion of which
the boundaries include the ground, water or other surface beneath the vehicle;

'installation' means-

   (a)  a naval establishment, dock, dockyard, slipway, victualling yard,
        arsenal, wharf or mooring owned or used by the Commonwealth; or

   (b)  any fixed structure, apparatus or equipment used by the Commonwealth
        for purposes related to the naval defence of the Commonwealth;

'master', in relation to a vessel, means the person having the command or
charge of the vessel;

'nautical mile' means an international nautical mile;

'naval waters' means waters that, by virtue of a Proclamation in force under
section 3B, are naval waters for the purposes of this Act;

'sea' includes any waters within the ebb and flow of the tide;

'seaplane' includes a flying boat and any other aircraft designed to manoeuvre
on water;

'superintendent' means a superintendent appointed under section 3C and, in
relation to any naval waters, means the superintendent in whose instrument of
appointment those naval waters are specified;

'vessel' means any kind of vessel used in navigation by water however
propelled or moved and includes a hovercraft or a seaplane on or in water and
any other thing capable of carrying persons or goods on, in or under water;

'waters' means waters of the sea.

''(2) A reference in the succeeding provisions of this Act (other than section
3A) to a vessel, not being a reference to an exempt vessel, shall be read as
not including a reference to an exempt vessel. Extension of Act to Territories
''3. This Act extends to the external Territories, other than the Australian
Antarctic Territory. Declaration of vessels as exempt vessels
''3A. The Governor-General may, by Proclamation, declare all vessels, or a
specified vessel, belonging to, or used by, the naval forces of a specified
country to be exempt vessels or an exempt vessel, as the case may be, for the
purposes of this Act. Declaration of waters as naval waters
''3B. (1) This section applies to-

   (a)  waters that are wholly within a distance of 5 nautical miles from, or
        from the limits of, an installation; or

   (b)  waters that are wholly within a distance of 2 nautical miles from the
        limits of defence land on which there is not an installation.

''(2) The Governor-General may, by Proclamation, declare that specified
waters, being waters to which this section applies, are naval waters for the
purposes of this Act. Appointment of superintendents
''3C. (1) The Governor-General may, by instrument in writing, appoint a person
to be the superintendent of such naval waters as are specified in the
instrument.

''(2) An appointment under sub-section (1) may specify the person to whom the
appointment relates by reference to the office or position that the person
holds or the functions or duties that the person performs.''.