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CTHRepealedAct

Bounty (Ships) Act 1989

4Interpretation

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4 Interpretation

(1) In this Act, unless the contrary intention appears:

approved form means a form approved by the Secretary in writing.

approved hydrographic test facility is a facility that is:

(a) located outside Australia; and
(b) used for hydrographic design and testing; and
(c) approved by the Secretary for the purposes of subsection 10(3).

authorised officer means a person appointed to be an authorised officer under section 20.

bountiable vessel means a vessel:

(a) that is of more than 150 but not more than 20,000 gross construction tons;
(b) that is designed for use in navigation (other than air navigation); and
(c) that has, as its means of propulsion, an inbuilt propulsion system, or sails, or a combination of an inbuilt propulsion system and sails, that will enable it to propel itself at navigable speed without reliance on a connection to the land or to another vessel;

and includes an air cushion vehicle other than a prescribed air cushion vehicle.

bounty means an eligible costs bounty or an eligible research and development expenditure bounty.

Commonwealth authority means an authority or body established for a purpose of the Commonwealth by or under a law of the Commonwealth (including an Ordinance of the Australian Capital Territory).

eligible costs has the meaning given in section 5.

eligible costs bounty means the bounty referred to in subsection 8(2).

eligible research and development expenditure has the meaning given in section 5A.

eligible research and development expenditure bounty means the bounty referred to in subsection 8(3A).

forecast eligible costs, in relation to the construction or modification of a vessel, means the amounts constituting the estimate lodged with the Minister under subsection 8(3E) in relation to the construction or modification.

modification, in relation to a vessel, means changing the structure or specification of the vessel to alter its capacity or capability, but does not include any changing of that structure or specification before the construction of the vessel has been completed.

officer means an officer of the Department.

(a) is designed to be used wholly or principally on or over land or wetlands;
(b) not being a fishing vessel of the kind that, because of section 13 of the Fishing Registration Act 1981, is not required to be registered under section 12 of that Act; or
(c) if it were imported into Australia, would not be a vessel to which heading 8901, 8902, 8903 or 8906 in Schedule 3 of the Tariff Act would apply.

where Z is a number equal to the number of cubic metres in the total volume, measured in relation to their moulded lines, of the enclosed spaces in the vessel, including between‑deck spaces, water ballast spaces, voids, cofferdams, machinery spaces, erections, superstructures, houses, casings, funnel spaces, mast spaces and, in the case of an air‑cushion vehicle, the area enclosed by the inflatable skirt under normal inflation. (4) The modification of a vessel that, before the modification, was not, but, after and by reason of the modification, is, or, if the modification were completed, would be, a bountiable vessel shall be taken, for the purposes of this Act, to be the modification of a bountiable vessel. (5) For the purposes of this Act, 2 persons are associates of each other if, and only if: (a) both being natural persons: (i) they are connected by a blood relationship or by marriage or adoption; or (ii) one of them is an officer or director of a body corporate controlled, directly or indirectly, by the other; (b) both being bodies corporate: (i) both of them are controlled, directly or indirectly, by a third person (whether or not a body corporate); (ii) both of them together control, directly or indirectly, a third body corporate; or (iii) the same person (whether or not a body corporate) is in a position to cast, or control the casting of, 5% or more of the maximum number of votes that might be cast at a general meeting of each of them; (c) one of them, being a body corporate, is, directly or indirectly, controlled by the other (whether or not a body corporate); (d) one of them, being a natural person, is an employee, officer or director of the other (whether or not a body corporate); (e) they are members of the same partnership; or (f) they are trustees or beneficiaries, or one of them is a trustee and the other is a beneficiary, of the same trust. (6) Where the Tariff Act is proposed to be altered by a Customs Tariff alteration proposed in the Parliament in such a way that Schedule 3 to that Act would be amended, or would be deemed to have been amended, on a particular day, that Act shall, for the purposes of this Act, be deemed to have been so amended on that day. (7) A reference in this Act to costs incurred by a shipbuilder undertaking the construction or modification of a bountiable vessel in a particular period is a reference to an amount that has become payable by the shipbuilder in the period, whether or not it is paid in the period.

Section 4 - Bounty (Ships) Act 1989 - Interpretation | Zoe