7Interpretation

7 Interpretation (1) In this Act: advisory committee means an advisory committee established under Part 2, Division 3. air-cushioned vehicle means a vehicle designed to be supported, when in motion, wholly or partly by the air expelled from the vehicle forming a cushion, the boundaries of which include the water or other surface below the vehicle. appointed pilotage services provider, see section 181A. certificate means any of the following: (a) a certificate of operation issued under section 48 of the Marine Safety National Law; (b) a certificate of survey; (c) a certificate of competency; (d) a certificate recognised under section 73 of the Marine Safety certificate of competency means a certificate of competency issued under section 60 of the Marine Safety National Law. certificate of survey means a certificate of survey issued under section 38 of the Marine Safety National Law and, in the case of a vessel that is being towed, includes a towage permit issued under the Regulations. Marine Act 1981 3 crew, in relation to a vessel, means those persons employed on board and in the business of a vessel, other than: (a) a person temporarily employed on board the vessel while the vessel is at a port; or (b) a pilot; or (c) in the case of a fishing vessel, a person solely engaged in catching or processing fish. dangerous goods means goods listed as dangerous goods in the International Maritime Dangerous Goods Code, published by the International Maritime Organisation, as amended from time to time. designated port, see section 3 of the Ports Management Act 2015. Director means the Chief Executive Officer, as defined in the Public Sector Employment and Management Act 1993, of the Agency as defined in that Act primarily responsible under the Minister for the administration of this Act. domestic commercial vessel, see section 7 of the Marine Safety fish includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or the seabed. fishing operations means: (a) taking, catching or capturing fish for trading or manufacturing purposes; or (b) processing (including on land) or carrying fish that are taken, caught or captured. fishing vessel means a vessel that is used wholly or principally for fishing operations and includes: (a) a vessel that is used: (i) to provide food, fuel and other supplies to persons who are engaged in fishing operations; or (ii) to transport crew and other persons who are engaged in fishing operations; and (b) a vessel that is in the course of construction and is intended to be used wholly or principally for fishing operations. Marine Act 1981 4 hire-and-drive vessel means a vessel which is let for hire or reward or for any other consideration whatsoever, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants, and which the hirer uses solely for pleasure. land includes land covered by water. marine incident means any of the following: (a) the death of a person associated with the operation or navigation of a vessel; (b) an injury to a person associated with the operation or navigation of a vessel that requires or results in treatment by a medical practitioner; (c) the loss or presumed loss of a vessel; (d) a collision of a vessel with another vessel; (e) a collision by a vessel with an object; (f) the grounding, sinking, flooding or capsizing of a vessel; (g) a fire on board a vessel; (h) a loss of stability of a vessel that affects the safety of the vessel; (i) the structural failure of a vessel; (j) a situation in which vessels pass each other, or a vessel passes another vessel, a person or an object, in such proximity that a reasonable person would conclude that in all the circumstances there was a risk of an imminent collision; (k) an event that results in, or could have resulted in: (i) the death of, or an injury of a kind mentioned in paragraph (b) to, a person on board a vessel; or (ii) the loss of a person from a vessel; or (iii) a vessel becoming disabled and requiring assistance; (l) the fouling or damaging by a vessel of: (i) any pipeline or submarine cable; or Marine Act 1981 5 (ii) an aid to navigation as defined in section 14(1) of the Navigation Act 2012 (Cth); (m) a prescribed incident involving a vessel. Marine Safety National Law means the Marine Safety (Domestic Commercial Vessel) National Law (Cth) (being provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth)). master, in relation to a vessel, means the person having lawful command or charge of the vessel, but does not include a pilot. Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport. Northern Territory waters means: (a) the coastal waters of the Territory, within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980 (Cth); and (b) any other waters that are within the Territory (whether tidal or non-tidal, saltwater or fresh, permanent or temporary or natural or artificial). off-shore industry mobile unit means: (a) a vessel that is used or intended to be used wholly or primarily in an operation or activity associated with or incidental to, exploring or exploiting the natural resources of: (i) the continental shelf of Australia; or (ii) the seabed of the Australian coastal sea; or (iii) the subsoil of that seabed; by drilling the seabed or its subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with such equipment; (b) a structure (not being a vessel) that: (i) is able to float or be floated; and Marine Act 1981 6 (ii) is able to move or be moved as an entity from one place to another; and (iii) is used or intended for use wholly or primarily in, or in an operation or activity associated with or incidental to, exploring or exploiting the natural resources of: (A) the continental shelf of Australia; or (B) the seabed of the Australian coastal sea; or (C) the subsoil of that seabed; by drilling the seabed or its subsoil with equipment on or forming part of the structure or by obtaining substantial quantities of material from the seabed or its subsoil with such equipment; or (c) a barge or like vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off-shore industry fixed structures. off-shore industry vessel means: (a) a vessel (not being an off-shore industry mobile unit) that is used or intended to be used wholly or primarily in, or in an operation or activity associated with or incidental to, exploring or exploiting the natural resources of: (i) the continental shelf of Australia; or (ii) the seabed of the Australian coastal sea; or (iii) the subsoil of that seabed; or (b) any other vessel (not being an off-shore industry mobile unit, or a vessel, or a vessel included in a class of vessels, declared by the Minister, by instrument in writing, to be a vessel or a class of vessels, as the case requires, to which this paragraph does not apply) at any time when it is being so used. passenger means a person carried on board a vessel with the knowledge or consent of the owner or the master of the vessel but does not include: (a) a person engaged in any capacity on board the vessel in the business of the vessel; or Marine Act 1981 7 (b) a child under the age of 12 months. pleasure craft means a vessel that is: (a) exclusively used for pleasure; and (b) not used for hire or reward or any commercial purpose; but does not include a vessel that is provided for the transport or entertainment of lodgers at an institution, hotel, private hotel, boarding-house, lodging-house, guest-house or other establishment. Port of Darwin means the area of water and land constituting the Port of Darwin comprised within the boundaries declared under section 7 of the Ports Management Act 2015. recreational vessel means: (a) a pleasure craft; or (b) a hire-and-drive vessel used solely for pleasure. regulated Australian vessel, see section 6 of the Navigation Act 2012 (Cth). seaman, in relation to a vessel, means a person who is a member of the crew. ship includes every description of vessel used in navigation not propelled by oars. shipping inspector means a shipping inspector appointed under section 8. Tribunal means the Civil and Administrative Tribunal. Uniform Shipping Laws Code, see section 6 of the Marine Safety unsafe ship, for Part 4, Division 4, see section 96. vessel, see section 8 of the Marine Safety National Law. (2) A reference in this Act to a class of vessels is a reference to a class of vessels so classified by the Regulations. Marine Act 1981 8 (3) For the purposes of this Act, a vessel which has been got under way for the purpose of: (a) transporting by water goods or passengers for fee or reward or carrying out a commercial marine operation; or (b) going to sea or plying or running; or (c) proceeding on a voyage; or (d) if the vessel is an off-shore industry vessel – undertaking off-shore operations; is a vessel which has been taken or sent to sea or gone or proceeded to sea or is proceeding on a voyage. (4) For the purposes of this Act, a vessel is proceeding on a voyage from the time it is got under way for the purpose of proceeding on the voyage until the time it is got under way for the purpose of proceeding on another voyage. (5) For the purposes of this Act, the length of a vessel is to be measured as far as is practicable in accordance with the guidance for measuring contained in the Uniform Shipping Laws Code. (6) Unless the contrary intention appears, a reference in this Act to the owner of a vessel is, in the case of a vessel that is operated or managed by a person other than the owner, to be read as including a reference to the operator or manager of the vessel. (7) For the purposes of this Act, the gross tonnage of a vessel is to be determined in accordance with the Tonnage Measurement Convention as defined in the Navigation Act 2012 (Cth.).