5Constitutional reach of Act

#### 5 Constitutional reach of Act (1) This Act applies to activities of, or matters that relate to, the following: (a) a vessel engaged in trade and commerce: (i) among the States; or (ii) between a State and a Territory; or (iii) between 2 Territories; (b) a vessel that is external to Australia; (c) a vessel of which the owner, or any of the owners, is a constitutional corporation; (d) a vessel, so far as the application of this Act to activities of, or in relation to, the vessel is reasonably appropriate and adapted to giving effect to Australia’s obligations under an international agreement; (e) a vessel of which the owner, or any of the owners, is the Commonwealth or a Commonwealth authority; (f) a vessel that is within a participating Territory; (g) navigation or shipping, to the extent that the navigation or shipping relates to trade and commerce: (i) among the States; or (ii) between a State and a Territory; or (iii) between 2 Territories; (h) any matter that may be made the subject of the jurisdiction of the High Court under paragraph 76(iii) of the Constitution; (i) things that are incidental to activities or matters referred to in any of the above paragraphs. (2) For the purposes of subsection (1), an activity of, or a matter in relation to, a vessel includes, but is not limited to, an activity done by a person, or in relation to a person, in the capacity of owner, master or crew of the vessel. (3) For the purposes of subsection (1), external to Australia means: (a) beyond the baseline from which the breadth of the territorial sea is measured under section 7 of the Seas and Submerged Lands Act 1973; or (b) any waters on the landward side of the territorial sea that are not within the limits of a State or internal Territory. > Note 1: For the baseline see Australia’s territorial sea baseline (AGPS) 1988: generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. > Note 2: A reference to Australia in any other provision of this Act includes a reference to the coastal sea of Australia: see section 15B of the Acts Interpretation Act 1901.