{"id":"C1918A00028","name":"Control of Naval Waters Act 1918","slug":"control-of-naval-waters-act-1918","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"28 of 1918","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":274,"registerId":"C2016C01077","compilationNumber":"6","startDate":"2016-10-21","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 154, 155) of the [Statute Update Act 2016](/C2016A00061)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Statute Update Act 2016","year":2016,"number":61,"titleId":"C2016A00061","provisions":"sch 1 (items 154, 155)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2016-11-14T10:47:29.773Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Control of Naval Waters Act 1918.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.\n\n> defence land means land used by the Commonwealth for purposes related to the defence of the Commonwealth, and includes:\n\n    (a) land set apart for, or dedicated to, a public purpose, being a purpose related to the defence of the Commonwealth, by the Governor‑General under section 122 of the Lands Acquisition Act 1989; and\n    (b) land reserved under a law of a Territory for a purpose related to the defence of the Commonwealth.\n\n> exempt vessel means:\n\n    (a) a vessel belonging to, or used by, the Commonwealth,including a vessel belonging to, or used by, the Australian Navy; or\n    (b) a vessel that is, by virtue of a Proclamation in force under section 3A, an exempt vessel.\n\n> hovercraft means a vehicle that is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle.\n\n> installation means:\n\n    (a) a naval establishment, dock, dockyard, slipway, victualling yard, arsenal, wharf or mooring owned or used by the Commonwealth; or\n    (b) any fixed structure, apparatus or equipment used by the Commonwealth for purposes related to the naval defence of the Commonwealth.\n\n> master, in relation to a vessel, means the person having the command or charge of the vessel.\n\n> nautical mile means an international nautical mile.\n\n> naval waters means waters that, by virtue of a Proclamation in force under section 3B, are naval waters for the purposes of this Act.\n\n> sea includes any waters within the ebb and flow of the tide.\n\n> seaplane includes a flying boat and any other aircraft designed to manoeuvre on water.\n\n> superintendent means a superintendent appointed under section 3C and, in relation to any naval waters, means the superintendent in whose instrument of appointment those naval waters are specified.\n\n> vessel means any kind of vessel used in navigation by water however propelled or moved and includes a hovercraft or a seaplane on or in water and any other thing capable of carrying persons or goods on, in or under water.\n\n> waters means waters of the sea.\n\n  (2) A reference in the succeeding provisions of this Act (other than section 3A) to a vessel, not being a reference to an exempt vessel, shall be read as not including a reference to an exempt vessel.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Extension of Act to Territories","content":"#### 3 Extension of Act to Territories\n\n  This Act extends to the external Territories, other than the Australian Antarctic Territory.","sortOrder":2},{"sectionNumber":"3AA","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 3AA Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Declaration of vessels as exempt vessels","content":"#### 3A Declaration of vessels as exempt vessels\n\n  The Governor‑General may, by Proclamation, declare all vessels, or a specified vessel, belonging to, or used by, the naval forces of a specified country to be exempt vessels or an exempt vessel, as the case may be, for the purposes of this Act.","sortOrder":4},{"sectionNumber":"3B","sectionType":"section","heading":"Declaration of waters as naval waters","content":"#### 3B Declaration of waters as naval waters\n\n  (1) This section applies to:\n    (a) waters that are wholly within a distance of 5 nautical miles from, or from the limits of, an installation; or\n    (b) waters that are wholly within a distance of 2 nautical miles from the limits of defence land on which there is not an installation.\n  (2) The Governor‑General may, by Proclamation, declare that specified waters, being waters to which this section applies, are naval waters for the purposes of this Act.","sortOrder":5},{"sectionNumber":"3C","sectionType":"section","heading":"Appointment of superintendents","content":"#### 3C Appointment of superintendents\n\n  (1) The Governor‑General may, by instrument in writing, appoint a person to be the superintendent of such naval waters as are specified in the instrument.\n  (2) An appointment under subsection (1) may specify the person to whom the appointment relates by reference to the office or position that the person holds or the functions or duties that the person performs.","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Power to make regulations","content":"#### 4 Power to make regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters and things which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for the purpose of carrying out or giving effect to the control of naval waters, and in particular for the following:\n    (a) for regulating the mooring or anchoring of vessels within, or so as not to obstruct navigation into in or out of, naval waters;\n    (b) for appropriating any space in naval waters as a mooring place or anchoring ground for the exclusive use of exempt vessels;\n    (c) for prohibiting or restricting the entry, into any specified part of any naval waters, of any vessel having explosives, ammunition, tar, oil, or other combustible substance on board, and for regulating the loading and unloading of explosives and ammunition in naval waters;\n    (d) for prohibiting or restricting the discharging of explosives and ammunition in any naval waters or part thereof;\n    (e) for restricting the use of fire and light on board any vessel in any specified part of any naval waters;\n    (f) for regulating the speed at which vessels may be navigated in any specified part of any naval waters;\n    (g) for requiring the presence of at least one person at all hours of the day and night on board every vessel above a specified size moored anchored or placed in any specified part of any naval waters;\n    (h) for prohibiting or regulating the breaming or careening and cleaning of vessels in any specified part of naval waters or on the foreshore of any specified part of any naval waters;\n    (i) for prescribing the lights or signals to be carried or used, and the steps for avoiding collision to be taken, by exempt vessels and other vessels navigating naval waters;\n    (j) for conferring upon prescribed persons powers of search and inspection for the purposes of this Act;\n    (k) for conferring upon prescribed persons power to remove from, or from the foreshore of, any naval waters persons:\n    (i) who, in those waters or on the foreshore of those waters, have contravened the regulations; or\n    (ii) who, by entering into those waters or onto the foreshore of those waters, have contravened the regulations;\n    (l) for prohibiting, restricting or regulating the entry of:\n    (i) vessels or persons into any naval waters or any specified part of any naval waters;\n    (ii) aircraft or persons into the airspace over any naval waters or any specified part of any naval waters; or\n    (iii) aircraft, vehicles or persons onto the foreshore of any naval waters or any specified part of the foreshore of any naval waters;\n    (m) for prohibiting, restricting or regulating the doing of any act or thing:\n    (i) in any naval waters or any specified part of any naval waters;\n    (ii) in the airspace over any naval waters or any specified part of any naval waters; or\n    (iii) on the foreshore of any naval waters or any specified part of the foreshore of any naval waters;\n    (n) generally for making provision for the proper protection of:\n    (i) installations in, or on the foreshore of, any naval waters; and\n    (ii) exempt vessels within any naval waters; and\n    (o) for prescribing penalties, not exceeding $1,000 or imprisonment for 6 months, for any contravention of, or failure to comply with, the regulations.\n  (2) Without limiting the generality of the power of the Governor‑General to make regulations under this section, the regulations may:\n    (a) prohibit the doing of an act or thing absolutely; or\n    (b) prohibit the doing of an act or thing unless the approval of a specified person to the doing of the act or thing has been obtained.","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Construction of certain buildings etc. may be prohibited","content":"#### 5 Construction of certain buildings etc. may be prohibited\n\n  The Minister may, subject to the regulations, prohibit the construction:\n    (a) of any jetty, wharf, building or structure in or on the foreshore of any naval waters; and\n    (b) of any factory or store for explosives, oil or other inflammable material within five miles of the limits of a dockyard or within two miles of the limits of any naval waters.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Power of superintendent to give directions concerning vessels within naval waters etc.","content":"#### 6 Power of superintendent to give directions concerning vessels within naval waters etc.\n\n  (1) Where a vessel is within any naval waters, the superintendent of those naval waters may give to the master of the vessel directions as to the mooring, anchoring, placing, unmooring or removal of the vessel.\n  (2) The master of a vessel commits an offence if:\n    (a) the master is given a direction under subsection (1); and\n    (b) the master fails to comply with the direction.\n\nPenalty: 10 penalty units.\n\n  (2A) An offence under subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) If:\n    (a) there is no person on board a vessel within any naval waters to comply with directions given or proposed to be given under subsection (1) by the superintendent of those naval waters; or\n    (b) the master of a vessel within any naval waters refuses or fails to comply with directions given under subsection (1) by the superintendent of those naval waters;\n  the superintendent may cause the vessel to be moored, anchored, placed, unmoored, or removed in compliance with directions given by him, and, for that purpose, may do, or cause to be done, such acts or things as he considers necessary.","sortOrder":9},{"sectionNumber":"6A","sectionType":"section","heading":"Power of superintendent to give directions concerning aircraft, vehicles or vessels on foreshore of naval waters etc.","content":"#### 6A Power of superintendent to give directions concerning aircraft, vehicles or vessels on foreshore of naval waters etc.\n\n  (1) Where an aircraft, vehicle or vessel is on the foreshore of any naval waters, the superintendent of those naval waters may give to the person having the command or charge of the aircraft, vehicle or vessel directions as to the placing or removal of the aircraft, vehicle or vessel.\n  (2) The person having the command or charge of an aircraft, vehicle, or vessel shall not fail to comply with a direction given to him under subsection (1).\n\nPenalty: 10 penalty units.\n\n  (3) If:\n    (a) there is no person having the command or charge of an aircraft, vehicle or vessel that is on the foreshore of any naval waters to comply with directions given or proposed to be given under subsection (1) by the superintendent of those naval waters; or\n    (b) the person having the command or charge of an aircraft, vehicle or vessel that is on the foreshore of any naval waters refuses or fails to comply with directions given under subsection (1) by the superintendent of those naval waters;\n  the superintendent may cause the aircraft, vehicle or vessel to be placed or removed in compliance with directions given by him, and, for that purpose, may do, or cause to be done, such acts or things as he considers necessary.","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Power to remove vessel, wreck etc.","content":"#### 7 Power to remove vessel, wreck etc.\n\n  (1) The superintendent of any naval waters may cause to be removed:\n    (a) any wreck or other thing that is an obstruction to, or to the approaches to, those naval waters;\n    (b) any floating timber that impedes the navigation of those naval waters; or\n    (c) any vessel wrecked, laid by, abandoned, sunk, stranded or neglected that is lying within, or on the foreshore of, those naval waters.\n  (2) Any vessel removed in pursuance of this section may be laid on some part of the strand or seashore, or in some other place, where it may without injury to any person be placed.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Recovery of expenses of removal of vessels etc.","content":"#### 8 Recovery of expenses of removal of vessels etc.\n\n  (1) The expenses incurred by the Commonwealth by reason of the exercise by a superintendent of a power conferred on him by subsection 6(3) or 6A(3) or section 7, shall, on demand, be paid to the Commonwealth by the owner of the property in relation to which the power was exercised.\n  (2) Where the Commonwealth has incurred expenses referred in to subsection (1), the superintendent may detain the property in respect of which the expenses were incurred until payment of those expenses in accordance with that subsection.\n  (3) If, after the expiration of 3 months after the making of a demand for the payment of expenses referred to in subsection (1), payment of those expenses has not been made to the Commonwealth, the Commonwealth may cause to be sold by public auction the property in respect of which the expenses were incurred and, out of the proceeds of the sale, may, to the extent that the amount of those proceeds allows, recover those expenses and the expenses of the sale.\n  (4) For the purposes of a sale under subsection (3), the Commonwealth shall be deemed to be the absolute owner of the property the subject of the sale.\n  (5) Where, after the recovery of expenses from the proceeds of a sale under subsection (3), a surplus remains, the Commonwealth shall, on demand by the owner of the property the subject of the sale, pay that surplus to the owner.\n  (6) Where the proceeds of a sale of property under subsection (3) are not sufficient to recover the expenses incurred in respect of the property and the expenses of the sale, any deficiency is recoverable by the Commonwealth from the owner of the property in any court of competent jurisdiction as a debt due to the Commonwealth.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Service of summons etc.","content":"#### 9 Service of summons etc.\n\n  Any summons or other document in any proceeding under this Act may (in addition to any other mode of service) be served by being left for the person to be served on board any vessel to which he belongs, with the person being or appearing to be in command or charge of the vessel.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Offences, where to be deemed to have been committed","content":"#### 10 Offences, where to be deemed to have been committed\n\n  For the purpose of giving jurisdiction, every offence against this Act or any regulation under it shall be deemed to have been committed, and every cause of complaint shall be deemed to have arisen, either in the place in which it actually was committed or arose, or in any place in which the offender or person alleged to have committed it happens to be.","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's original 1918 intent was narrowly focused on controlling vessel traffic in waters immediately around naval installations during a time of war. Over time, amendments have significantly broadened its reach: the definition of 'vessel' was expanded to include hovercrafts and seaplanes; regulatory powers were extended beyond waterways to cover airspace above naval waters and the foreshore (shoreline); aircraft and vehicles on the foreshore were brought within the superintendent's direction powers (section 6A); the Criminal Code was integrated (section 3AA); and the exemption framework was expanded to cover foreign naval vessels by Proclamation (section 3A). The law now functions as a broad-based security and access-control regime covering water, airspace, and land adjacent to naval infrastructure — well beyond its original vessel-traffic-control purpose."},"complexity_factors":["Approximately 12 defined terms in section 2, several of which are interdependent (e.g. 'naval waters' refers to 'Proclamation' under section 3B; 'superintendent' refers to section 3C; 'exempt vessel' refers to section 3A)","Moderate cross-referencing between sections (e.g. sections 6, 6A, 7, and 8 are tightly linked through cost-recovery chains)","Section 4 contains a lengthy and detailed list of 15 regulation-making heads of power with nested sub-provisions covering vessels, aircraft, vehicles, and airspace","Conditional logic in section 6 and 6A (superintendent's physical intervention power only triggers if the master refuses or is absent)","Multi-step cost-recovery and enforcement chain in section 8 (demand → detention → auction → surplus return → debt recovery in court)","Mixture of old imperial drafting style (e.g. 'shall be deemed') and more modern Criminal Code integration (section 3AA), reflecting piecemeal amendment over a century","Jurisdictional fiction in section 10 (offences deemed committed in multiple places) adds a subtle legal complexity","Territorial extension clause in section 3 with an explicit carve-out for the Australian Antarctic Territory"],"plain_english_summary":"## Control of Naval Waters Act 1918\n\n### What is this law about?\n\nThis Act gives the Commonwealth (Australian federal) government the power to **control and protect specific areas of water near naval facilities** — called \"naval waters.\" Think of it as a security and traffic management system for waterways around Australia's naval bases, docks, and defence installations.\n\n---\n\n### Who does it affect?\n\n- **Anyone operating a vessel** (boat, ship, hovercraft, or even a seaplane sitting on water) near a naval facility\n- **Aircraft and vehicle operators** on or over the foreshore (shoreline) of naval waters\n- **Property owners** whose vessels or equipment end up obstructing naval waters\n- **Foreign naval vessels** (which may be granted exempt status by the Governor-General)\n\n---\n\n### What does it actually do?\n\n**Defines \"naval waters\":** The Governor-General (Australia's head of state, acting on government advice) can formally declare specific stretches of water as \"naval waters\" if they are:\n- Within **5 nautical miles** of a naval installation (e.g. a dockyard or wharf), or\n- Within **2 nautical miles** of defence land that doesn't have an installation on it\n\n**Appoints \"superintendents\":** A superintendent is an official appointed to oversee specific naval waters. They have real teeth:\n- They can **order vessel masters to move, moor, or anchor** their vessels\n- If the master refuses or there's nobody on board, the superintendent can **physically move the vessel themselves**\n- The same powers apply to aircraft and vehicles on the shoreline\n- They can **remove wrecks, abandoned vessels, and floating timber** that obstruct navigation\n\n**Cost recovery:** If a superintendent has to move your vessel or property, **you foot the bill**. If you don't pay within 3 months, the Commonwealth can **sell your property at public auction** to recover costs.\n\n**Regulation-making power:** The Governor-General can make detailed regulations covering things like:\n- Speed limits for vessels in naval waters\n- Rules about carrying explosives, ammunition, oils, or other flammable materials\n- Restricting or banning entry to parts of naval waters (for vessels, aircraft, or people)\n- Requiring someone to be on board vessels above a certain size at all times\n- Granting search and inspection powers to authorised officials\n- Penalties up to **$1,000 or 6 months' imprisonment** for breaching regulations\n\n**Building restrictions:** The Minister can **ban construction** of jetties, wharves, or buildings on naval water foreshores, and can ban factories or stores for explosives within 5 miles of a dockyard.\n\n**Exempt vessels:** Commonwealth vessels (including Australian Navy ships) are automatically exempt from many of the restrictions. The Governor-General can also grant exemptions to vessels belonging to the naval forces of friendly foreign countries.\n\n---\n\n### Why does it matter?\n\nThis law is a **foundational piece of national security legislation** that protects Australia's naval infrastructure from interference, accidents, or sabotage. It ensures that the Commonwealth has clear legal authority to control who and what gets near its naval assets, and to quickly remove hazards without lengthy legal battles. It's been on the books since 1918 — a relic of World War I — but remains in force today."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1918 Act focused on controlling vessels in naval waters. Amendments have extended its scope to include aircraft, hovercraft, seaplanes, and activities on the foreshore. It now also covers external Territories (except Antarctica) and incorporates the Criminal Code. The definition of 'vessel' was broadened, and powers were added to regulate airspace and remove obstructions."},"complexity_factors":["Multiple defined terms (e.g., 'aircraft', 'defence land', 'exempt vessel', 'installation', 'naval waters')","Cross-references to the Criminal Code (section 3AA)","Conditional proclamations by Governor-General (sections 3A, 3B)","Extensive regulation-making power with 15 subparagraphs (section 4)","Nested offences with strict liability (section 6(2A))","Recovery of expenses and detention/sale of property (section 8)"],"plain_english_summary":"This Act allows the Australian government to control certain waters near naval bases and defence land. These are called 'naval waters'. The Governor-General can declare specific waters as naval waters (up to 5 nautical miles from a naval installation or 2 nautical miles from defence land without an installation). A superintendent manages each area and can give orders about mooring, anchoring, and removing vessels. The government can make regulations to restrict entry, speed, lights, and activities in these waters, and ban construction nearby. Vessels that disobey can be moved at the owner's expense. The Act also covers aircraft and vehicles on the foreshore. It sets penalties (up to $1,000 fine or 6 months jail) for breaking the rules. It affects anyone using these waters or nearby land—boaters, pilots, and builders. It matters because it keeps naval areas secure and safe."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1918 naval defence purpose. Modern amendments have broadened the scope to include: aircraft and airspace control (sections 4(1)(l)(ii), 4(1)(m)(ii), 6A), hovercraft (explicitly defined and included in 'vessel'), vehicles on foreshores (section 6A), and general 'acts or things' prohibitions (section 4(1)(m)). The 2001 addition of section 3AA importing the Criminal Code represents a major shift from strict military administration to standardised criminal law principles. The definition of 'installation' now includes any 'fixed structure, apparatus or equipment' used for naval defence, considerably broader than traditional dockyards. The power to declare foreign military vessels as 'exempt' (section 3A) also extends the Act's diplomatic/military cooperation scope beyond pure domestic control."},"complexity_factors":["15 defined terms in section 2, some with nested definitions (e.g., 'defence land' has 2 sub-clauses, 'exempt vessel' has 2 sub-clauses)","Cross-referencing between sections (e.g., section 6(3) references powers in 6(1), section 8 references sections 6 and 7)","Conditional logic in section 3B for declaring naval waters (distance-based thresholds: 5 nautical miles for installations, 2 nautical miles for defence land without installations)","Multiple nested subsections in operative provisions (e.g., section 4(1) has 15 paragraphs (a)-(o), section 8 has 6 subsections with recovery mechanics)","Incorporation of external law (Criminal Code Chapter 2) via section 3AA","Exception structure: exempt vessels are broadly defined then explicitly excluded from most provisions via section 2(2)","Dual penalty structure: regulations limited to $1,000/6 months (section 4(1)(o)), while Act offences use penalty units (sections 6 and 6A)"],"plain_english_summary":"This law gives the Australian Government special powers to control areas of water near military bases and defence facilities (called 'naval waters').\n\n**What it does:**\n- Lets the Governor-General declare certain waters as 'naval waters' — these are areas within 5 nautical miles of naval installations (like docks, wharves, or naval bases) or within 2 nautical miles of defence land\n- Appoints 'superintendents' to manage these areas\n- Allows the government to make detailed rules about what can happen in these waters, including:\n  - Where vessels can anchor or moor\n  - Speed limits for boats\n  - Restrictions on carrying explosives or flammable materials\n  - Who can enter the area (by water, air, or land)\n  - Safety measures like lights and signals\n- Gives superintendents power to give direct orders to ship captains about moving their vessels, and to forcibly move vessels if necessary\n- Allows removal of wrecks or obstructions, with the owner footing the bill\n\n**Who it affects:**\n- Ship captains and vessel owners operating near Australian military facilities\n- Aircraft pilots flying over these areas\n- People on the foreshore (coastal land) near naval waters\n- Foreign military vessels (which can be declared 'exempt' from the rules)\n\n**Why it matters:**\nThis is essentially a national security law from 1918 (updated over time) that protects military assets. It creates special zones where normal maritime rules don't fully apply, and where naval officers have extraordinary powers to command civilian vessels. The law matters because it allows the military to secure sensitive areas, but it also restricts ordinary commercial and recreational activities near defence facilities."}},"importantCases":[],"_links":{"self":"/api/acts/control-of-naval-waters-act-1918","history":"/api/acts/control-of-naval-waters-act-1918/history","analysis":"/api/acts/control-of-naval-waters-act-1918/analysis","conflicts":"/api/acts/control-of-naval-waters-act-1918/conflicts","importantCases":"/api/acts/control-of-naval-waters-act-1918/important-cases","documents":"/api/acts/control-of-naval-waters-act-1918/documents"}}