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UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 9

Definitions

  (1)   In this Act:

"adverse impact" : see sub section   30 (2) .

"approved form" means a form approved under section   58 .

"associated with" : see section   10 .

"Australia" , when used in a geographical sense, includes the external Territories.

"Australia-Netherlands Agreement" means the Agreement between Australia and th e Netherlands c oncerning Old Dutch Shipwrecks, done at The Hague on 6   November 1972.

Note:   The Agreement is in Australian Treaty Series 1972 No.   18 ([1972] ATS 18) and could in 201 8 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"Australian waters" : see section   11 .

"civil penalty provision" has the same meaning as in the Regulatory Powers Act.

"coastal waters" of a State or the Northern Territory : see section   12 .

"Commonwealth waters" : see section   13 .

"Dutch relic" means an article mentioned in Article 1 or 2 of the Australia - Netherlands Agreement.

"Dutch shipwreck" : see section   14 .

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.

"evidential material" has the same meaning as in the Regulatory Powers Act.

"foreign underwater cultural heritage" means an article that has been removed from waters and, at the time the article was removed from waters, the article:

  ( a )   had been in waters for at least 100 years; and

  (b )   was underwater cultural heritage of a foreign country.

"inspector" means :

  (a)   a member of the Australian Federal Police; or

  ( b )   a person appointed under section   60 .

"in waters" : a reference in this Act to a thing being in waters includes a reference to the thing :

  (a)   being in, or forming part of, the seabed or the subsoil of the seabed, beneath those waters; or

  (b)   being on, or forming part of, a reef in those waters.

"offence against this Act" includes:

  (a)   an offence against section   6 of the Crimes Act 1914 that relates to this Act; and

  (b)   an ancillary offence (within the meaning of the C riminal Code ) that relates to this Act; and

  (c)   an offence against section   136.1 or 137.1 of the Criminal Code that relates to this Act.

"offer to supply" includes:

  (a)   make available for supply; and

  (b)   expose for supply; and

  (c)   display for supply; and

  (d)   advertise for supply.

"permit holder" means the holder of a perm it granted under section   23 ( includ ing a person to whom a permit has been transferred ) .

"prohibited conduct" in a prote cted zone: see subsection   20 ( 6 ).

"protected underwater cultural heritage" means:

  (a)   an article covered by subsection   16 (1); or

  (b)   an article covered by a declaration made under subsection   17 (1); or

  (c)   an article covered by a declaration made under subsection   18 (1); or

  (d)   an article covered by a provisional declaration made under subsection   19 (1).

"protected zone" means an area in relation to which a declar ation is in force under sub section   20 (1) .

"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .

"relevant agreement" means an agreement entered into between Australia and one or more foreign countries in relation to the protection of underwater cultural heritage .

"removed from waters" : a reference in this Act to a thing being removed from waters includes a reference to the thing:

  (a)   having been washed away from waters; or

  (b)   having been removed, or washed away, from the seabed, or the subsoil of the seabed, beneath waters; or

  (c)   having been removed, or washed away, from a reef in waters.

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

"Secretary" means Secretary of the Department.

"supply" includes supply (including re - supply) by way of sale, exchange, gift, lease, loan, hire or hire - purchase.

"this Act" includes th e Underwater Cultural Heritage R ules .

"underwater cultural heritage" : see section   15 .

"Underwater Cultural Heritage" Rules means the rules made under section   61 .

"vessel" means any kind of vessel used in navigation by water, however propelled or moved, including the following:

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

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

  ( 2 )   A thing is not to be taken to not be an article for the purposes of this Act only because it is attached to :

  (a)   the remains of a vessel ; or

  (b)   the remains of an aircraft; or

  (c)   a reef; or

  (d)   the seabed: or

  (e)   the s ubsoil of the seabed.

  (3)   A reference in this Act to:

  (a)   the remains of a vessel ; or

  (b)   the remains of an aircraft; or

  (c)   an article;

includes a reference to part of the remains or article.

  (4)   A reference in this Act to failure to do an act or thing includes a reference to refusing or negl ecting to do that act or thing.


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