Commonwealth Numbered Acts

NAVIGATION AMENDMENT ACT 1980 No. 87, 1980 - SECT 5

5. (1) Section 6 of the Principal Act is amended-

(a) by inserting after the definition of "articles of agreement" in sub-
section (1) the following definition:



"'Australian fishing vessel' means a fishing vessel that is registered, or
entitled to be registered, in Australia or in relation to which an instrument
under sub-section 4 (2) of the Fisheries Act 1952 is in force;";

   (b)  by inserting before the definition of "consul" in sub-section (1) the
        following definition:



"'Commonwealth ship' means a ship-

   (a)  that belongs to the Commonwealth;

   (b)  the beneficial interest in which is vested in the Commonwealth; or

   (c)  that is for the time being demised or sub-demised to, or in the
        exclusive possession of, the Commonwealth, but does not include a ship
        that belongs to the Australian Shipping Commission;";

   (c)  by inserting after the definition of "equipment" in sub-section (1)
        the following definitions:



"'fish' includes turtles, dugong, crustacea, molluscs and any other living
resources of the sea or of the seabed;



"'fishing vessel' means a ship that is used, or, being a ship in the course of
construction, is intended to be used, wholly or principally for the taking,
catching or capturing of fish for trading or manufacturing purposes or for the
processing or carrying of fish so taken, caught or captured, but does not
include a Commonwealth ship or an inland waterways vessel;";

   (d)  by inserting after the definition of "harbour" in sub-section (1) the
        following definitions:



"'inland waterways vessel' means a ship that is used, or, being a ship in the
course of construction, is intended to be used, wholly in waters other than
waters of the sea, but does not include a Commonwealth ship;



"'inter-State voyage', in relation to a ship, means a voyage (other than an
overseas voyage) in the course of which the ship travels between-

   (a)  a port in a State and a port in another State;

   (b)  a port in a State and a port in a Territory; or

   (c)  a port in a Territory and a port in another Territory, whether or not
        the ship travels between 2 or more ports in any one State or Territory
        in the course of the voyage;";

   (e)  by inserting after the definition of "official log-book" in
        sub-section (1) the following definition:



"'overseas voyage', in relation to a ship, means a voyage in the course of
which the ship travels between-

   (a)  a port in Australia and a port outside Australia;

   (b)  a port in Australia and a place in the waters of the sea above the
        continental shelf of a country other than Australia;

   (c)  a port outside Australia and a place in the waters of the sea above
        the continental shelf of Australia;

   (d)  a place in the waters of the sea above the continental shelf of
        Australia and a place in the waters of the sea above the continental
        shelf of a country other than Australia;

   (e)  ports outside Australia; or

   (f)  places beyond the continental shelf of Australia, whether or not
        the ship travels between 2 or more ports in Australia in the course of
        the voyage;";

   (f)  by inserting after the definition of "pilot" in sub-section (1) the
        following definition:



"' pleasure craft' means a ship that is used, or, being a ship in the course
of construction, is intended to be used, wholly for recreational or sporting
activities (whether or not let, or intended to be let, for hire or reward or
consideration of any kind), but does not include a Commonwealth ship or an
inland waterways vessel;";

   (g)  by inserting before the definition of "seaman" in sub-section (1) the
        following definition:



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

   (h)  by omitting from sub-section (1) the definition of "ship" and
        substituting the following definition:



"'ship' means any kind of vessel used in navigation by water, however
propelled or moved, and includes-

   (a)  a barge, lighter or other floating vessel;

   (b)  an air-cushion vehicle, or other similar craft, used wholly or
        primarily in navigation by water; and

   (c)  an off-shore industry mobile unit;";

   (j)  by inserting after the definition of "this Act" in sub-section (1) the
        following definition:



"'trading ship' means a ship that is used, or, being a ship in the course of
construction, is intended to be used, for, or in connection with, any business
or commercial activity and, without limiting the generality of the foregoing,
includes a ship that is used, or, being a ship in the course of construction,
is intended to be used, wholly or principally for-

   (a)  the carriage of passengers or cargo for hire or reward; or

   (b)  the provision of services to ships or shipping, whether for reward or
        otherwise, but does not include a Commonwealth ship, a fishing vessel,
        an off-shore industry mobile unit, an off-shore industry vessel to
        which this Act applies, an inland waterways vessel or a pleasure
        craft;";

   (k)  by omitting from sub-section (1) the definition of "vessel"; and

   (m)  by inserting after sub-section (1) the following sub-section:



"(1A) For the purposes of this section, a ship that has been launched, but has
not been completed and delivered under the relevant building contract, shall
be deemed to be a ship in the course of construction.".

(2) Section 6 of the Principal Act is amended-

(a) by omitting from sub-section (1) the definition of "agreement" and
substituting the following definition:



"'agreement', in relation to a ship to which section 45A applies, means the
agreement under section 46, 47 or 48 between the master of the ship and the
crew of the ship and, in relation to a seaman belonging to such a ship, means
the agreement under section 46, 47 or 48, as the case requires, between the
master of the ship and the seaman;";

   (b)  by inserting after the definition of "consul" in sub-section (1) the
        following definition:



"'contract of sea service' means a contract of sea service under section
47A;";

   (c)  by adding at the end of the definition of "discharge" in sub-section
        (1) "or upon the termination or cessation of a contract of sea service
        into which he has entered";

   (d)  by inserting after the definition of "effects" in sub-section (1) the
        following definition:



"'employer', in relation to a contract of sea service, means the owner of a
ship or ships to which section 47A applies who enters into the contract;";

   (e)  by adding at the end of the definition of "port" in sub-section (1) ",
        but does not include an off-shore industry fixed structure or an
        off-shore industry mobile unit"; and

   (f)  by inserting after sub-section (4) the following sub-section:



"(4A) Where, in pursuance of a contract of sea service, a person becomes a
member of the crew of a ship, he shall, until he ceases to be a member of the
crew of the ship, be deemed, for the purposes of this Act, to belong to the
ship.".

(3) Section 6 of the Principal Act is amended by omitting from sub- section
(1) the definitions of "Australian-trade ship", "foreign-going ship", "limited
coast-trade ship" and " river and bay ship".

(4) Until the commencement of section 76 of this Act, sub-section 6 (1) of the
Principal Act as amended by sub-section (1) of this section has effect as
if paragraph (c) of the definition of "ship" were omitted.