Commonwealth Numbered Regulations

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TRANSPORT SAFETY INVESTIGATION REGULATIONS 2003 2003 No. 158 - REG 3.2

Definitions for Part 3
In this Part:

"Australian coastal sea" means:

(a)
the territorial sea of Australia; and

(b)
the sea on the landward side of the territorial sea of Australia that is not within the limits of a State or Territory.

"Commonwealth ship" means a ship:

(a)
that is owned by the Commonwealth or a Commonwealth authority; or

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

(c)
that is leased to, or in the exclusive possession of, the Commonwealth or a Commonwealth authority.

"disabled", in relation to a ship, means that:

(a)
the ship is unable, for a period longer than 12 hours, to proceed under its own power; or

(b)
the ship is unable to proceed under its own power for a shorter period and has taken on board a towline from another ship to be towed to a place of safety.

"domestic voyage", in relation to a ship, means:

(a)
an interstate voyage by the ship; or

(b)
an intrastate voyage by the ship; or

(c)
if the ship is an Australian fishing vessel that is regularly engaged in making voyages from a port or ports in Queensland — a voyage, beginning at a port in Queensland and ending at the same port or another port in Queensland, in the course of which the ship, as an incidental part of its fishing operations on the voyage, calls at a port or ports in Papua New Guinea, but does not call at:

(i)
any other port outside Australia; or
(ii)
a place in the waters of the sea above the continental shelf of a country other than Australia.
"fishing fleet support vessel" means a ship (other than a Commonwealth ship or an inland waterways vessel) that is used wholly or primarily to support the fishing operations of an Australian fishing vessel or vessels, including being used for any of the following purposes:

(a)
storing and transporting fish taken, caught or captured by the fishing vessel;

(b)
providing food, fuel or other supplies to the fishing vessel while it is engaged in fishing operations;

(c)
transporting crew members to and from the fishing vessel while it is engaged in fishing operations.

fishing operations means:

(a)
taking, catching or capturing fish for trading or manufacturing purposes; or

(b)
processing or carrying fish that are taken, caught or captured.

"fishing vessel" means a ship (other than a Commonwealth ship or an inland waterways vessel) that is used wholly or principally for fishing operations.

"inland waterways vessel" means a ship (other than a Commonwealth ship) that is used, or intended to be used, wholly in waters other than waters of the sea.

"interstate voyage", in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:

(a)
at least 1 port in a State and at least 1 port in another State; or

(b)
at least 1 port in a State and at least 1 port in a Territory; or

(c)
at least 1 port in a Territory and at least 1 port in another Territory.

intrastate voyage , in relation to a ship, means a voyage (other than an overseas voyage or an interstate voyage) in the course of which the ship:

(a)
travels between ports within the same State; or

(b)
leaves a port in a State and returns to the same port; or

(c)
travels between ports within the same Territory; or

(d)
leaves a port in a Territory and returns to the same port.

"off-shore industry mobile unit" means:

(a) a vessel that is used, or intended to be used, wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following:

(i)
the continental shelf of Australia;
(ii)
the seabed of the Australian coastal sea;
(iii)
the subsoil of that seabed;
by drilling the seabed or its subsoil, or obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on, or forms part of, the vessel; or

(b) a structure (other than a vessel) that:

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

(iii) is used, or intended to be used, wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following:

(A) the continental shelf of Australia;
(B) the seabed of the Australian coastal sea;
(C) the subsoil of that seabed;

by drilling the seabed or its subsoil, or obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on, or forms part of, the structure; or
(c)
a barge or similar vessel that:

(i)
is fitted with living quarters for more than 12 persons; and
(ii)
is used, or intended to be used, wholly or primarily in connection with the construction, maintenance or repair of off-shore industry fixed structures.
"overseas voyage", in relation to a ship, means a voyage (other than a voyage mentioned in paragraph (c) of the definition of domestic voyage ) in the course of which the ship travels between:

(a)
at least 1 port in Australia and a port outside Australia; or

(b)
at least 1 port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or

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

(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.

"pilot "means a person who does not belong to, but has the conduct of, a ship.

"pleasure craft" means a ship (other than a Commonwealth ship or an inland waterways vessel) that is used, or intended to be used, wholly for recreational or sporting activities (whether or not the ship is let, or intended to be let, for hire).

"trading ship" means a ship (other than a Commonwealth ship, fishing vessel, fishing fleet support vessel or off-shore industry mobile unit) that is used, or intended to be used, for, or in connection with, any business or commercial activity, and includes a ship that is used, or intended to be used, wholly or principally for:

(a)
carrying passengers or cargo for hire or reward; or

(b)
providing services to ships, whether for reward or otherwise.



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