10Definition of domestic commercial vessel—things that are not domestic commercial vessels

10 Definition of domestic commercial vessel—things that are not domestic commercial vessels

(1) For paragraph 7(5)(b) of the National Law, a vessel is not a domestic commercial vessel: (a) if it would, but for this section, be a domestic commercial vessel only because: (i) it is sponsored during a sporting event; or (ii) it is being used for a promotional activity, including an activity to produce an advertisement, or as part of a film set; or (iii) a person is paid to operate the vessel or to be a member of the crew of the vessel; or (iv) a person (the trainee) pays another person to train the trainee in the trainee’s vessel; or (b) if it is under the control or management of a dealer in the course of that person’s business as a dealer; or (ba) if it is: (i) owned by an agency of the government of a State or Territory; and (ii) used by a primary or secondary school for curricular or extra‑curricular activities for students of a primary or secondary school; or (c) subject to subsection (2), if it is owned by: (i) the Australian Institute of Sport; or (ii) the NSW Institute of Sport; or (iii) the Victorian Institute of Sport; or (iv) the Queensland Academy of Sport; or (v) the South Australian Sports Institute; or (vi) the Tasmanian Institute of Sport; or (vii) the Western Australian Institute of Sport; or (viii) the Northern Territory Institute of Sport; or (ix) the ACT Academy of Sports.

Note: The vessel may still be subject to waterways management requirements of a State or Territory.

(2) Paragraph (1)(c) does not apply to a vessel owned by a body mentioned in the paragraph if: (a) the vessel is undertaking an activity in which it is hired or chartered to a person who is not a student or a member of the body; or (b) the vessel is being used to train a person, for consideration, who is not a student or a member of the body.