63Application of Part

63 Application of Part

63 Application of Part

(1) This Part applies to all vessels except the following vessels—

(a) a second hand vessel,

(b) an amphibious vehicle, being a vessel that is also a motor vehicle and that is required to be registered within the meaning of the Road Transport Act 2013,

(c) a canoe or surf ski or similar vessel designed to be manually powered by paddle,

(d) a pedal powered boat,

(e) a personal watercraft that complies with subclause (3),

(f) a rowing shell used for racing or rowing training,

(g) a sailboard or kiteboard or other similar vessel,

(h) a surf row boat,

(i) a hydrofoil or hovercraft,

(j) a sailing vessel, being a vessel that has sail as the primary means of propulsion, with or without an auxiliary means of mechanical propulsion,

(k) a submersible, being a powered vessel capable of submerging or operating underwater such as a submarine,

(l) an aquatic toy, being an object designed primarily for play in or on water, for example—

(i) an object designed solely to be towed behind a recreational vessel, and

(ii) an inflatable boat to which ISO 6185Inflatable boats, as in force from time to time, does not apply,

(m) a commercial vessel or a regulated Australian vessel or vessel regulated under the Navigation Act 2012 of the Commonwealth,

(n) a vessel used only for the purpose of racing in organised events.

(2) This Part does not apply to a vessel that, before 1 July 2006, had reached a stage of construction of having the keel laid or a stage of construction at which—

(a) the vessel was identifiable as a vessel of a particular type, and

(b) a part of the vessel had been fabricated and assembled that had a mass of at least 50 tonnes or 1 per cent of the mass of all structural material of the proposed completed vessel, whichever is the lesser.