{"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":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The text itself sets out the Act's operative scope (definitions, territorial application, and proclamation mechanisms) and provides the powers that determine the geographic and subject‑matter reach (sections 2, 3, 3A, 3B, 3C, 4). The legislation contains no internal provision stating that its scope has been altered from an earlier or \"original\" version; instead, the Act establishes how and by whom its scope may be changed in future (for example by proclamation under sections 3A and 3B and by regulations under section 4). Therefore, based solely on the supplied text, the Act's scope as written has not been changed within the document."},"complexity_factors":["Multiple delegated powers: Governor‑General may proclaim naval waters, exempt vessels and appoint superintendents (sections 3A, 3B, 3C).","Broad regulation‑making power covering navigation, airspace, foreshore, moorings, loading of explosives and penalties (section 4).","Operational discretion given to superintendents to direct, move and remove vessels and to recover expenses, including detention and sale of property (sections 6, 6A, 7, 8).","Intersection with criminal law and strict liability for at least one offence, and application of Chapter 2 of the Criminal Code (section 6(2A); section 3AA).","Property‑related enforcement mechanism permitting sale and deemed ownership for sale purposes (section 8(3)–(4)).","Geographic definitions and variable scope tied to proclamations and distance rules (section 3B).","Regulatory reach into airspace and foreshore as well as water, which may intersect with other regimes (section 4(l), 4(m)).","Potentially overlapping authorities (Governor‑General, Minister, superintendents) requiring administrative coordination (sections 3A, 3B, 3C, 4, 5, 6)."],"plain_english_summary":"Mechanically, this Act gives the Commonwealth power to identify and control \"naval waters\" and to regulate vessels, aircraft and activity in and over those waters and on their foreshore.\n\n- What the law does (mechanics):\n  - Defines key terms (for example, \"naval waters\", \"exempt vessel\", \"installation\", \"superintendent\") and extends the Act to most external Territories (section 2; section 3).\n  - Lets the Governor‑General declare by proclamation which waters are \"naval waters\" (section 3B) and which foreign naval vessels are \"exempt vessels\" (section 3A). The Governor‑General may also appoint superintendents for specified naval waters (section 3C) and make regulations covering many detailed controls (section 4).\n  - Gives superintendents powers to give directions to masters and persons in charge about mooring, placing or removing vessels, aircraft or vehicles on the foreshore and to cause those directions to be carried out where no one will comply (sections 6, 6A). Failure to comply with directions is an offence (penalty: 10 penalty units) and in at least one case is strict liability (section 6(2A)).\n  - Authorises removal of obstructions, wrecks and abandoned vessels from naval waters and the foreshore (section 7) and allows the Commonwealth to recover removal expenses from the property owner, to detain property until payment, and, after three months, to sell the property by public auction to satisfy those expenses (section 8).\n  - Allows the Minister, subject to regulations, to prohibit construction of jetties, wharves, buildings on the foreshore of naval waters and to prohibit certain factories or stores for explosives or fuel within defined distances of dockyards or naval waters (section 5).\n  - Permits regulation of navigation, anchoring, loading/unloading of explosives, speed limits, lights/signals, search and inspection powers, entry prohibitions (including airspace), and penalties for contraventions (section 4).\n  - Makes Chapter 2 of the Criminal Code apply to offences under the Act (section 3AA).\n\n- Who is affected and who pays:\n  - Masters and persons in charge of vessels, aircraft or vehicles in naval waters or on the foreshore must follow superintendent directions and any regulations; they may face criminal penalties for non‑compliance (sections 6, 6A, 4(1)(o)).\n  - Owners of vessels or other property removed under superintendent powers bear the cost of removal. The Commonwealth may detain, sell the property to recover costs and pursue any deficiency as a debt (section 8).\n  - Exempt vessels (Commonwealth vessels and vessels so proclaimed) receive preferential treatment in the Act — for example, exclusive mooring places may be prescribed for exempt vessels (definition of \"exempt vessel\"; regulation powers in section 4(b)).\n  - Persons or businesses seeking to build jetties, wharves or hazardous stores near naval waters face prohibitions or conditions set by the Minister and regulations (section 5).\n\n- Stated purpose and practical trade‑offs (attribution and testing):\n  - The Act centralises control over certain coastal waters and the foreshore near defence installations by creating a regime of proclamations, regulations and superintendent directions (see sections 3B, 4, 6). That structure is presented in the text as enabling protection and control of installations and exempt vessels (see section 4(n)).\n  - Costs and incentives: owners and operators carry direct compliance costs (following directions, obtaining approvals where required by regulations) and potentially significant financial exposure for removal expenses and sale of property if they do not comply or leave property in place (section 8). These are concrete, enforceable costs rather than discretionary guidance.\n  - Discretion and implementation risk: the Act vests broad discretionary authority in the Governor‑General (proclamations, appointments, regulations), the Minister (construction prohibitions subject to regulations) and appointed superintendents (directions, removal, detention and sale) (sections 3A, 3B, 3C, 4, 5, 6, 7, 8). Those powers allow the Commonwealth to change the geographic and operational reach of the regime by proclamation or regulation without further primary‑law text changes (sections 3A, 3B, 4).\n  - Compliance burden: regulations may impose absolute prohibitions or require prior approval and may create criminal penalties (section 4(2); section 4(1)(o)). One specific offence type is strict liability (section 6(2A)), which shifts the evidentiary burden in prosecutions.\n  - Effects on private choice and enterprise: the Act permits limiting or prohibiting entry, mooring, construction and certain commercial activities near naval waters (sections 4, 5). These restrictions concretely limit where and how private vessels and businesses may operate in affected areas and create transaction costs for affected parties.\n  - Concentrated benefits and trade‑offs: the statutory framework explicitly enables privileging of Commonwealth and designated foreign naval vessels as \"exempt\" and allows reserving mooring/anchorage for them (definition of exempt vessel; section 4(b),(n)). Those benefits are concentrated on exempt vessels; the costs of control and compliance fall on other users of the waters and owners of affected property (sections 2, 4, 8).\n\n- Key practical points to note:\n  - The geographic reach of the Act depends on proclamations and specified distance rules (waters within 5 or 2 nautical miles in section 3B) and on which waters are proclaimed naval waters (section 3B).\n  - Superintendents have powers to act where masters or others are absent or refuse to comply, including physically moving vessels and recovering costs afterwards (sections 6(3), 6A(3), 7, 8).\n  - Criminal penalties for regulation breaches are available and Chapter 2 of the Criminal Code applies to offences (sections 4(1)(o), 3AA).\n\nThis summary describes what the Act establishes, who decides and who pays, and identifies the main compliance and discretional mechanisms in the statutory text (cited sections)."},"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."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Section 2 — Definition of 'waters' and 'sea'","severity":"low","reasoning":"The two definitions are interdependent. 'Waters' is defined by reference to 'sea', and 'sea' is defined by reference to certain characteristics of water. While not perfectly circular, a reader cannot determine the scope of 'naval waters' (defined by reference to 'waters') without first resolving what 'sea' means, and the expansive tidal definition of 'sea' sits in tension with the apparent restriction in 'waters' to 'waters of the sea'. The practical question of whether a tidal river qualifies as 'naval waters' is genuinely ambiguous.","confidence":0.72,"description":"The definition of 'waters' is limited to 'waters of the sea', yet 'sea' is separately defined to include 'any waters within the ebb and flow of the tide'. This creates a circular and potentially self-limiting loop: 'waters' means waters of the sea, and 'sea' includes tidal waters — but whether a harbour, estuary or tidal river qualifies depends on resolving 'sea' first, which in turn depends on what 'waters' means."},{"type":"self_contradicting","section":"Section 2 — Definition of 'vessel' vs. definition of 'seaplane'","severity":"medium","reasoning":"When a seaplane is on water it is both a vessel (s.2 definition of vessel) and an aircraft (s.2 definition of seaplane, which is a subset of aircraft). Sections 6 and 6A impose different duties on 'masters of vessels' versus 'persons having the command or charge of aircraft' on the foreshore. For a seaplane on water at the foreshore, it is unclear which provision applies — or whether both apply simultaneously — and who bears which obligation.","confidence":0.8,"description":"A 'seaplane' is defined as including any aircraft designed to manoeuvre on water. A 'vessel' is defined to include 'a seaplane on or in water'. However, an 'aircraft' expressly excludes a hovercraft, while a 'vessel' expressly includes a hovercraft. A seaplane on water is simultaneously an 'aircraft' (triggering aircraft-related provisions) and a 'vessel' (triggering vessel-related provisions), creating overlapping and potentially conflicting regulatory obligations for the same object at the same time."},{"type":"other","section":"Section 5 — Mixed unit of measurement","severity":"medium","reasoning":"The Act is otherwise careful to define 'nautical mile' and use it consistently in s.3B (5 nautical miles, 2 nautical miles). Section 5(b) drops the word 'nautical' entirely. Given the Act dates from 1918 and has not had this language updated, there is genuine ambiguity about which measure applies. For a dockyard exclusion zone, a 15% difference in radius is not trivial, and compliance — particularly for a factory or explosives store built near the boundary — could turn on which interpretation prevails.","confidence":0.85,"description":"Section 5(a) regulates structures 'in or on the foreshore of any naval waters' with no distance qualifier, while section 5(b) uses 'five miles' and 'two miles' as distance thresholds. The rest of the Act uses 'nautical miles' (defined in s.2 as international nautical miles). It is ambiguous whether the 'miles' in s.5(b) are statute miles (~1,609 m) or nautical miles (~1,852 m), a discrepancy of approximately 15%."},{"type":"self_contradicting","section":"Section 8(4) — Commonwealth deemed absolute owner for sale purposes","severity":"medium","reasoning":"The legal fiction in s.8(4) — necessary to give the Commonwealth clean title to pass to a buyer at auction — directly contradicts s.8(5)'s acknowledgement of a pre-existing 'owner' with a right to the surplus. The deeming provision says the Commonwealth IS the absolute owner; the surplus provision says there is someone else who IS the owner. While courts would likely read the deeming provision narrowly (i.e., limited to the mechanics of the sale), the plain text is logically self-contradicting and could be used to argue the Commonwealth has no obligation to return surpluses.","confidence":0.78,"description":"Subsection 8(4) deems the Commonwealth to be the 'absolute owner' of property for the purposes of a sale under s.8(3), yet s.8(5) simultaneously requires the Commonwealth to pay any surplus from that same sale back to the 'owner of the property'. If the Commonwealth is the absolute owner, there is no separate 'owner' to whom a surplus could be owed."},{"type":"circular_definition","section":"Section 2 — Definition of 'superintendent'","severity":"low","reasoning":"The first limb of the definition ('superintendent means a superintendent appointed under section 3C') is technically circular — it uses the word being defined as part of the definition. While the intent is clear (it points to the appointment mechanism), the drafting is formally circular. This is a common but genuine drafting flaw.","confidence":0.65,"description":"The definition of 'superintendent' is partially circular: it defines 'superintendent' to mean a superintendent appointed under s.3C, and then states that 'in relation to any naval waters' it means the superintendent in whose instrument of appointment those naval waters are specified. This means the term is defined by reference to itself ('a superintendent means a superintendent')."},{"type":"impossible_compliance","section":"Section 4(1)(g) — 24-hour human presence requirement","severity":"low","reasoning":"While this is a regulation-making power rather than a direct obligation (so the absurdity lies in what regulations could require rather than what the Act itself mandates), the power as drafted could authorise regulations that create an impossible compliance situation for a single-handed vessel. The master cannot simultaneously be aboard at all times and also attend to legal proceedings, deal with the superintendent in person, or operate the vessel from shore.","confidence":0.6,"description":"Regulation-making power in s.4(1)(g) permits requiring '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'. For a single-person crew vessel, this would make it legally impossible to ever leave the vessel while it is moored — including to report to the superintendent as required by other provisions, or to comply with a direction to move the vessel if the sole crew member must simultaneously remain aboard."}],"contradictions":[{"severity":"medium","section_a":"Section 2 — Definition of 'vessel' (includes seaplane on water)","section_b":"Section 6A — Power to give directions re aircraft on foreshore","confidence":0.77,"description":"A seaplane on the foreshore of naval waters is simultaneously a 'vessel' (per s.2's definition, which includes a seaplane 'on or in water') and an 'aircraft' (per s.2's definition of seaplane as a subset of aircraft). Section 6 grants superintendents power to direct 'masters of vessels', while s.6A grants power to direct 'persons having the command or charge of an aircraft'. Both provisions would apply concurrently to a seaplane on the foreshore, yet they use different terminology for the responsible person ('master' vs 'person having the command or charge') and impose duties under different penalty frameworks. It is unclear which provision governs, and both could simultaneously be breached."},{"severity":"medium","section_a":"Section 3B(1) — Naval waters defined by distance from installations or defence land","section_b":"Section 5(b) — Prohibition distances for factories/stores","confidence":0.82,"description":"Section 3B uses 'nautical miles' (defined as international nautical miles) to delineate naval waters: 5 nautical miles from an installation, 2 nautical miles from defence land. Section 5(b) prohibits factories for explosives within 'five miles' of a dockyard or 'two miles' of naval waters, without specifying nautical miles. Since a 'dockyard' is a subset of an 'installation' (per s.2), the same geographic zone is regulated by both provisions using inconsistent units of measurement, creating a potential gap (or overlap) of approximately 15% in the protected area."},{"severity":"high","section_a":"Section 8(4) — Commonwealth deemed absolute owner","section_b":"Section 8(5) — Surplus to be paid to owner","confidence":0.81,"description":"Section 8(4) deems the Commonwealth to be the 'absolute owner' of property for sale purposes. Section 8(5) requires the Commonwealth to pay any sale surplus to 'the owner of the property the subject of the sale'. These two subsections directly contradict each other: if the Commonwealth is the absolute owner under s.8(4), there is no other 'owner' under s.8(5) to receive the surplus. The two provisions cannot simultaneously be true within the same transaction."},{"severity":"medium","section_a":"Section 2 — Definition of 'exempt vessel' (s.2(2) read-down)","section_b":"Section 6(1) — Superintendent's direction power over vessels within naval waters","confidence":0.74,"description":"Section 2(2) provides that references to 'a vessel' in the operative provisions (other than s.3A) shall be read as not including an exempt vessel. Section 6(1) gives the superintendent power to direct 'the master of the vessel' where 'a vessel is within any naval waters', without expressly excluding exempt vessels. Read with s.2(2), the superintendent has no power to direct the master of an exempt vessel — including Commonwealth Navy vessels — even if they are creating a navigational hazard or obstruction within naval waters. This appears to have been the legislative intent, but creates the practical absurdity that the superintendent cannot direct Australian Navy ships within waters expressly designated to protect naval installations."}]},"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"}}