South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"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 section 4(2) of the Fisheries Act 1952 of the Commonwealth (as
amended and in force for the time being) is in force;
"Australian ship" means—
(a) a
ship registered in Australia; or
(b) an
unregistered ship having Australian nationality;
"Convention" means the 1973 Convention as modified and added to by
the 1978 Protocol;
"fishing vessel" means a vessel used or intended to be used for catching fish
or other living resources of the sea or seabed for trading or manufacturing
purposes but excludes any vessel engaged in harvesting or transportation of
algae or aquatic plants;
"inspector" means—
(a) a
person who is appointed in writing by the Minister to be an inspector for the
purposes of this Act; or
(b) a
port manager; or
(c) a
member of the police force;
"master" in relation to a ship, means a person, other than a pilot, having
command or charge of the ship;
"Navigation Act, 1912" means the Navigation Act 1912 of the Commonwealth
(as amended and in force for the time being);
"pleasure vessel" means—
(a) a
vessel used wholly for the purpose of recreational or sporting activities and
not for hire or reward; or
(b) any
other vessel declared to be a vessel to which this Act applies by notice of
the Minister published in the Gazette;
"port manager" means a person holding or acting in a position, the holder of
which is designated by the Minister as having responsibility for the
management of a harbor;
"State waters" means—
(a) the
territorial sea adjacent to the State; and
(b) the
sea on the landward side of the territorial sea adjacent to the State that is
not within the limits of the State; and
(c)
waters within the limits of the State that are subject to the ebb and flow of
the tide;
"the 1973 Convention" means the International Convention for the Prevention of
Pollution from Ships 1973, as corrected by the Proces-Verbal of Rectification
dated 13 June, 1978 (a copy of the English text of which, apart from
Annex IV, as so corrected is set out in Schedule 1), as affected by any
amendment, other than an amendment not accepted by Australia, made under
Article 16 of the Convention;
"the 1978 Protocol" means the Protocol of 1978 relating to the International
Convention for the Prevention of Pollution from Ships, 1973 (a copy of the
English text of which, apart from Annex IV, is set out in Schedule 2) as
affected by—
(a) the
amendments to the Annex to the Protocol adopted on 7 September, 1984 (a copy
of the English text of which amendments is set out in Schedule 3); and
(b) the
amendments to the Protocol adopted on 5 December 1985 (a copy of the English
text of which relating to the Annex of the Protocol is set out in Schedule 4);
and
(c) any
other amendment to the Protocol, other than an amendment not accepted by
Australia, made under Article VI of the Protocol;
"Tonnage Measurement Convention" has the same meaning as in Part XA of the
Navigation Act, 1912;
"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 vessel that is used, or, being a vessel 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 within the meaning of the Navigation
Act, 1912, or a fishing vessel.
(2) A reference in a
section of this Act to a prescribed officer is a reference to the person for
the time being occupying, or performing the duties of, an office in the
Department or public authority of the State that deals with matters arising
under that section, being an office that is prescribed for the purposes of
that section.
(3) Except insofar as
the contrary intention appears, an expression that is used in this Act and in
the Convention, otherwise than in an annex to the Convention, (whether or not
a particular meaning is assigned to it by the Convention) has, in this Act,
the same meaning as in the Convention.
(4) Where, at any
time, the gross tonnage applicable to a ship has been determined otherwise
than in accordance with the Tonnage Measurement Convention, then, in the
application of this Act to the ship at that time, a reference in this Act to
the gross tonnage of a ship not expressed in tons shall be taken to be a
reference to the gross tonnage of the ship expressed in tons.
(5) For the purposes
of this Act—
(a)
"inter-state
voyage" and " overseas voyage" have the same respective meanings as in the
Navigation Act, 1912; and
(b) an
intra-state voyage is a voyage other than an inter-state voyage or an
overseas voyage; and
(c) for
the purposes of paragraphs (a) and (b), a ship shall be deemed to be
proceeding on a voyage from the time when it is got under way for the purpose
of proceeding on the voyage until the time when it is got under way for the
purpose of proceeding on another voyage.
(6) Where there is a
discharge of oil or of an oily mixture or of a liquid substance or a mixture
containing a liquid substance on to or into waters or any structure or thing
and the whole or any part of the oil or oily mixture or liquid substance or
mixture containing a liquid substance eventually enters any State waters, the
discharge is for the purposes of this Act deemed to be a discharge into those
State waters of the oil or oily mixture or liquid substance or mixture
containing a liquid substance.