Victorian Current Acts Victorian Current Acts(1) In this Act—
"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;
S. 3(1) def. of Authority inserted by No. 82/1995 s. 181(a), substituted by No. 39/2018 s. 50(1)(a).
"Authority" means the Environment Protection Authority continued under section 356 of the Environment Protection Act 2017 ;
S. 3(1) def. of authorised officer inserted by No. 82/1995 s. 181(a), amended by Nos 37/2014 s. 10(Sch. item 127.1(b)), 39/2018 s. 50(1)(b).
authorised officer means—
(a) a person who is appointed in writing by the Authority for the purposes of this Act; or
(b) an authorised officer within the meaning of the Environment Protection Act 2017 ; or
(c) a police officer;
"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, whales, seals, walrus or other living resources of the sea or seabed for profit or reward and includes any such vessel in the course of construction but excludes any vessel—
(a) engaged in harvesting or transportation of algae or aquatic plants; or
(b) that is primarily a carrier or a mother vessel;
S. 3(1) def. of Harbour Master
repealed by No. 52/1988
s. 161(Sch. 6 item 9.1).
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S. 3(1) def. of inspector amended by
No. 52/1988
s. 161(Sch. 6 item 9.2), repealed by No. 82/1995 s. 181(b).
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S. 3(1) def. of Marine Board inserted by No. 82/1995 s. 181(c), repealed by No. 77/2001 s. 32(3)(a).
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"master" in relation to a ship, means a person, other than a pilot, having command or charge of the ship;
"Navigation Act" means the Navigation Act 1912 of the Commonwealth as amended and in force for the time being;
S. 3(1) def. of pleasure vessel
amended by No. 82/1995
s. 189(1).
"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 Order of the Authority published in the Government Gazette;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. 127.1(a)).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of Port Authority
inserted by No. 52/1988
s. 161(Sch. 6 item 9.3), repealed by No. 82/1995
s. 181(b).
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"State waters" means—
(a) the territorial sea adjacent to the State;
(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;
S. 3(1) def. of the 1973 Convention
amended by No. 46/1991
s. 4(1)(a).
the 1973 Convention means the International Convention for the Prevention of Pollution from Ships, 1973 as corrected by the Procès-Verbal of Rectification dated 13 June 1978 (a copy of the English text of which 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;
S. 3(1) def. of the 1978 Protocol
amended by No. 46/1991
s. 4(1)(b)(c).
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 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
(aa) 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 a copy of the English text of which relating to Protocol I to the Convention is set out in Schedule 5); and
(b) any other amendment to the Protocol, other than an amendment not accepted by Australia, made under Article VI of the Protocol;
"this Part" includes the regulations and orders made in pursuance of the regulations;
"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 connexion 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 or a fishing vessel.
S. 3(2) amended by Nos 46/1991
s. 4(2),
46/1998
s. 7(Sch. 1).
(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, a position in a Department or public authority of the State, or an office in a department or public authority of the Commonwealth, that deals with matters arising under that section, or a corresponding provision of an Act of the Commonwealth, being a position or an office that is prescribed for the purposes of that section.
(3) 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; 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.
S. 3(7) inserted by No. 46/1991
s. 4(3).
(7) Where there is a discharge of a harmful substance onto or into any waters or any structure or thing and the whole or any part of the harmful substance eventually enters State waters, the discharge is for the purposes of this Act deemed to be a discharge into those State waters of the harmful substance.
S. 3(8) inserted by No. 46/1991
s. 4(3).
(8) Where there is a discharge of sewage onto or into any waters or any structure or thing and the whole or any part of the sewage eventually enters State waters, the discharge is for the purposes of this Act deemed to be a discharge into those State waters of the sewage.
S. 3(9) inserted by No. 46/1991
s. 4(3).
(9) Where there is a disposal of garbage onto or into any waters or any structure or thing and the whole or any part of the garbage eventually enters State waters, the disposal is for the purposes of this Act deemed to be a disposal into those State waters of the garbage.
S. 3A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 9) (as amended by No. 45/2010 s. 5).