8Definitions

#### 8 Definitions In this Act: > actionable contravention, in relation to an aircraft, has the meaning given by section 10. > aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface. > aircraft identification powers has the meaning given by subsection 55(4). > approval, given by the Minister for the exercise of powers, has the meaning given by section 24. > archipelagic waters has the same meaning as in the Convention. > Australia, when used in a geographical sense, includes: (a) the external Territories; and (b) the territorial seas of Australia and the external Territories; and (c) any installation attached to: (i) the continental shelf of Australia or an external Territory; or (ii) the seabed within the exclusive economic zone of Australia or an external Territory; and (d) the safety zone around any such installation; and (e) the airspace above Australia (including the airspace above the areas covered by paragraphs (a) to (d)). > Australian aircraft means: (a) an aircraft registered, or required to be registered, under regulations made under the Civil Aviation Act 1988; or (b) a Commonwealth aircraft. > Australian law: (a) means a law of the Commonwealth or a State or Territory, and includes this Act; but (b) does not include a law prescribed by the regulations. > Australian national means: (a) an Australian citizen; or (b) a body corporate established by or under a law of the Commonwealth or a State or Territory; or (c) the Commonwealth or a State or Territory. > Australian vessel means: (a) an Australian ship within the meaning of the Shipping Registration Act 1981; or (b) a vessel that is not registered under the law of a foreign country and is either wholly owned or solely operated by: (i) one or more residents of Australia; or (ii) one or more Australian nationals; or (iii) one or more residents of Australia and one or more Australian nationals. > authorisation has the meaning given by subsection 23(1). > authorising officer has the meaning given by subsection 16(1). > border controlled drug has the same meaning as in Part 9.1 of the Criminal Code. > border controlled plant has the same meaning as in Part 9.1 of the Criminal Code. > chased without interruption, in relation to a vessel, has the meaning given by section 42. > Commonwealth aircraft means an aircraft that is owned by, or in the possession or control of, the Commonwealth or a Commonwealth authority. > Commonwealth officer means a person who: (a) holds, or performs the duties of, an appointment, office or position under a law of the Commonwealth; or (b) is otherwise in the service of the Commonwealth. > Commonwealth ship means a vessel that is owned by, or in the possession or control of, the Commonwealth or a Commonwealth authority. > contiguous zone has the same meaning as in the Convention. > continental shelf has the same meaning as in the Convention. > continuous exercise of powers has the meaning affected by section 11. > contravention, of a law, includes an offence against the law. > Convention means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982. > Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31 (\[1994\] ATS 31). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). > conveyance includes a vessel, aircraft or vehicle. > cooperating agency has the meaning given by subsection 116(4). > country, when used in a geographical sense, includes: (a) the territorial sea, and any archipelagic waters, of the country; and (b) any installation attached to the continental shelf, or the seabed within the exclusive economic zone, of the country; and (c) any safety zone around any such installation; and (d) the airspace above the country (including the airspace above the areas covered by paragraphs (a) to (c)). > destination: (a) in relation to a vessel or aircraft detained under subsection 69(1)—see subsections 69(2), (3) and (3A); or (b) in relation to a person detained under subsection 72(4)—see subsections 72(4), (4A) and (4B). > Note: See also section 75C. > detained aircraft has the meaning given by subsection 69(5). > detained vessel has the meaning given by subsection 69(4). > detention provision has the meaning given by subsection 73(2). > engage in conduct means: (a) do an act; or (b) omit to perform an act. > evidence and warrants authorisation has the meaning given by subsection 20(2). > evidential material means any thing that may afford evidence of a contravention of an Australian law, including such a thing in electronic form. > exclusive economic zone has the same meaning as in the Convention. > Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967. > foreign aircraft means an aircraft other than an Australian aircraft. > foreign installation means an installation controlled by a foreign country. > foreign vessel means a vessel other than an Australian vessel. > frisk search has the meaning given by subsection 61(5). > installation: (a) means: (i) an artificial island within the meaning of the Convention; or (ii) an installation within the meaning of the Convention; or (iii) a structure within the meaning of the Convention; but (b) does not include a thing that has been, or could be, such an island, installation or structure but is not installed. > international agreement means an agreement or arrangement between Australia and one or more other countries. > international decision means a decision made by: (a) the Security Council of the United Nations; or (b) another international body that, under international law, makes decisions that are binding on its members. > involved, in a contravention of a law, has the meanings given by section 9. > isolated person means a person who is not on, or in the vicinity of, a vessel, installation, aircraft or protected land area. > Marine Safety (Domestic Commercial Vessel) National Law has the meaning given by section 17 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. > maritime officer has the meaning given by subsection 104(1). > maritime powers means the powers in Part 3. > migration zone has the same meaning as in the Migration Act 1958. > monitoring law means: (a) the Customs Act 1901; or (b) the Fisheries Management Act 1991; or (c) the Migration Act 1958; or (d) the Torres Strait Fisheries Act 1984; or (e) section 72.13 or Division 73 or 307 of the Criminal Code; or (f) clause 8 of Schedule 1 to the Environment Protection and Biodiversity Conservation Act 1999; or (g) a law prescribed by the regulations. > ordinary search has the meaning given by subsection 61(4). > personal information has the same meaning as in the Privacy Act 1988. > person assisting, in the exercise of powers under this Act, has the meaning given by subsection 38(5). > person in charge, in relation to the exercise of powers by a maritime officer: (a) in relation to a vessel, installation or aircraft—means the person who appears to the officer to be in charge of the vessel, installation or aircraft; or (b) in relation to a protected land area—means the person who appears to the officer to be in control, possession or occupation of the land, or any premises on the land. > protected land area means an area of land that is: (a) outside the States and internal Territories; and (b) prescribed by the regulations. > resident of Australia means: (a) an individual who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law; or (b) a body corporate that has its principal place of business in Australia. > retained thing has the meaning given by subsection 68(3). > safety zone, in relation to an installation: (a) has the same meaning as in the Convention; and (b) includes the column of water below that zone. > seizable transit goods means: (a) goods that are connected, either directly or indirectly, with the carrying out of a terrorist act, whether the terrorist act has occurred, is occurring or is likely to occur; or (b) goods, the existence or the shipment of which, prejudices, or is likely to prejudice, Australia’s defence or security or international peace and security. > Note: Seizable transit goods may be forfeited to the Commonwealth under the Customs Act 1901. > seized thing has the meaning given by subsection 67(3). > support vessel has the meaning given by subsection 9(4). > territorial sea has the same meaning as in the Convention. > terrorist act has the same meaning as in the Crimes Act 1914. > thing includes a record or document. > this Act includes the regulations. > vessel means a vessel or boat of any description and includes a hovercraft and any floating structure, but does not include an installation. > vessel identification powers means the powers set out in the following provisions: (a) section 52 (boarding vessels, installations and aircraft); (b) section 53 (requirement to facilitate boarding); (c) section 54 (additional powers—vessels); (d) section 57 (requiring answers, records and documents); (e) section 58 (obtaining readings); (f) section 59 (searching places); (g) section 61 (searching persons); (h) section 63 (examining things); (i) section 66 (securing weapons). > vessels without nationality authorisation has the meaning given by subsection 21(2). > weapon includes a thing that: (a) is capable of being used to inflict bodily injury (including ammunition); or (b) is capable of being used to help a person escape from detention or custody; or (c) is capable of being used to cause damage to a vessel, installation or aircraft; or (d) except for the absence of, or a defect in, a part of the thing, would be a weapon of a kind mentioned in paragraph (a), (b) or (c); or (e) is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a), (b) or (c).