24Interpretation

24 Interpretation

[Rule 24 Substituted by S.R. 2023, No. 98, Applied:08 Jan 2024]

(1)  In this Part –

approved VMS unit means an electronic device, that comprises part of a vessel monitoring system, of a make, model or type –

(a) determined in accordance with rule 25(1)(a) ; or

(b) deemed to be an approved VMS unit under subrule (2)(b) ;

operating, in relation to a vessel monitoring system, means the system is –

(a) transmitting electronic data as required by a VMS notice; and

(b) receiving and accurately responding to electronic data as required by a VMS notice; and

(c) able to be programmed on demand through a communication system that receives and transmits data;

vessel monitoring system means a system that –

(a) includes an approved VMS unit; and

(b) monitors, records and transmits the location, speed and heading of a vessel; and

(c) may monitor, record and transmit other data in relation to fishing activities conducted on or from a vessel;

VMS notice means a notice published in accordance with rule 25 ;

(2)  For the purposes of the definition of approved VMS unit –

(a) if the instructions of the manufacturer in relation to installation of the unit are inconsistent with the instructions of the Secretary, the instructions of the Secretary prevail to the extent of the inconsistency; and

(b) a device for monitoring, recording and transmitting the location, speed and heading of a vessel, that was approved by the Secretary for use on a vessel immediately before the commencement of the , is deemed to be an approved VMS unit.