Commonwealth Numbered Acts

OFF-SHORE INSTALLATIONS (MISCELLANEOUS AMENDMENTS) ACT 1982 No. 51, 1982 - SECT 4

4. Section 4 of the Principal Act is amended-

(a) by inserting after the definition of ''Answer questions'' in sub-section
(1) the following definitions:

'' 'Australian installation' means an installation that is deemed to be part
of Australia by virtue of the operation of section 6AA of the Customs Tariff
Act 1966;

'' 'Australian seabed' means so much of the seabed adjacent to Australia as
is-

   (a)  within the area comprising-

        (i)    the areas described in Schedule 2 to the Petroleum (Submerged 
               Lands) Act 1967 ; and

        (ii)   the Coral Sea area; and

   (b)  part of-

        (i)    the continental shelf of Australia;

        (ii)   the seabed beneath the territorial sea of Australia (including
               the territorial sea adjacent to any island forming part of
               Australia); or

        (iii)  the seabed beneath waters of the sea that are on the landward
               side of the territorial sea of Australia and are not within the
               limits of a State or Territory;

'' 'Australian waters' means waters above the Australian seabed;'';

(b) by inserting after the definition of ''Comptroller'' in sub-section (1)
the following definitions:

'' 'Continental shelf' has the same meaning as in the Convention on the
Continental Shelf, being the convention a copy of which in the English
language is set out in Schedule 1 to the Petroleum (Submerged Lands) Act  1967
;

'' 'Coral Sea area' has the same meaning as in the Petroleum (Submerged 
Lands) Act 1967 ;'';

(c) by inserting '', but does not include an Australian installation''
after ''other place'' in the definition of ''Country'' in sub-section (1);

   (d)  by inserting after the definition of ''Goods under drawback'' in
        sub-section (1) the following definition:

'' 'Installation' means-

   (a)  an off-shore industry fixed structure; or

   (b)  an off-shore industry mobile unit;'';

   (e)  by omitting from sub-section (1) the definition of ''Master'' and
        substituting the following definition:

'' 'Master' means-

   (a)  in relation to a ship (not being an installation)-the person in charge
        or command of the ship; and

   (b)  in relation to an installation-the person in charge of the
        installation,

but does not include a pilot or Government officer;'';

   (f)  by inserting after the definition of ''Narcotic substance'' in
        sub-section (1) the following definition:

'' 'Natural resources' means the mineral and other non-living resources of the
seabed and its subsoil;'';

   (g)  by inserting after the definition of ''Officer'' or ''Officer of
        Customs'' in sub-section (1) the following definition:

'' 'Overseas installation' means an installation that-

   (a)  is in Australian waters; and

   (b)  has been brought into Australian waters from a place outside the outer
        limits of Australian waters,

but does not include an Australian installation;'';

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

'' 'Ship' means any vessel used in navigation, other than air navigation, and
includes-

   (a)  an off-shore industry mobile unit; and

   (b)  a barge, lighter or any other floating vessel;''; and

   (j)  by adding at the end thereof the following sub-sections:

''(5) A reference in this Act to an off-shore industry fixed structure shall
be read as a reference to a structure (including a pipeline) that-

   (a)  is not able to move or be moved as an entity from one place to
        another; and

   (b)  is used or is to be used off-shore in, or in any operations or
        activities associated with, or incidental to, exploring or exploiting
        natural resources.

''(6) A reference in this Act to an off-shore industry mobile unit shall be
read as a reference to-

   (a)  a vessel that is used or is to be used wholly or principally in-

        (i)    exploring or exploiting natural resources by drilling the
               seabed or its subsoil with equipment on or forming part of the
               vessel or by obtaining substantial quantities of material from
               the seabed or its subsoil with equipment of that kind; or

        (ii)   operations or activities associated with, or incidental to,
               activities of the kind referred to in sub-paragraph (i); or

   (b)  a structure (not being a vessel) that-

        (i)    is able to float or be floated;

        (ii)   is able to move or be moved as an entity from one place to
               another; and

        (iii)  is used or is to be used off-shore wholly or principally in-

                (A)  exploring or exploiting natural resources by drilling the
                     seabed or its subsoil with equipment on or forming part
                     of the structure or by obtaining substantial quantities
                     of material from the seabed or its subsoil with equipment
                     of that kind; or

                (B)  operations or activities associated with, or incidental
                     to, activities of the kind referred to in
                     sub-sub-paragraph (A).

''(7) A vessel of a kind referred to in paragraph (6) (a) or a structure of a
kind referred to in paragraph (6) (b) shall not be taken not to be an
off-shore industry mobile unit by reason only that the vessel or structure is
also used or to be used in, or in any operations or activities associated
with, or incidental to, exploring or exploiting resources other than natural
resources.

''(8) The reference in sub-paragraph (6) (a) (ii) to a vessel that is used or
is to be used wholly or principally in operations or activities associated
with, or incidental to, activities of the kind referred to in sub-paragraph
(6) (a) (i) shall be read as not including a reference to a vessel that is
used or is to be used wholly or principally in-

   (a)  transporting persons or goods to or from an installation; or

   (b)  manoeuvring an installation, or in operations relating to the
        attachment of an installation to the Australian seabed.

''(9) An installation shall be taken to be attached to the Australian seabed
if-

   (a)  the installation-

        (i)    is in physical contact with, or is brought into physical
               contact with, a part of the Australian seabed; and

        (ii)   is used or is to be used, at that part of the Australian
               seabed, wholly or principally in or in any operations or
               activities associated with, or incidental to, exploring or
               exploiting natural resources; or

   (b)  the installation-

        (i)    is in physical contact with, or is brought into physical
               contact with, another installation that is taken to be attached
               to the Australian seabed by virtue of the operation of
               paragraph (a); and

        (ii)   is used or is to be used, at the place where it is brought into
               physical contact with the other installation, wholly or
               principally in or in any operations or activities associated
               with, or incidental to, exploring or exploiting natural
               resources.''.