Navigation Act 1912

Part I—Introductory

1 Short title [see Note 1]

This Act may be cited as the Navigation Act 1912.

2 Application of Act

(1) Except in so far as the application of this section is expressly excluded by a provision of this Act, this Act does not apply in relation to: (a) a trading ship proceeding on a voyage other than an overseas voyage or an inter‑State voyage; (b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage; (ba) a fishing fleet support vessel proceeding on a voyage other than an overseas voyage; (c) an inland waterways vessel; or (d) a pleasure craft; or in relation to its owner, master or crew. (2) A ship shall, for the purposes of this section, be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage. (3) A voyage of an Australian fishing vessel, being a ship that is regularly engaged in making voyages from a port or ports in Queensland, commencing at a port in that State and ending at the same port or another port in that State shall not be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea. (4) A ship’s voyage is to be taken not to be an overseas voyage for the purposes of this Act if the voyage: (a) commences in a port in an external Territory; and (b) ends at a port in that Territory.

2A Act to bind the Crown

This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.

3 Act does not apply to naval ships etc.

Except where the contrary intention appears, this Act does not apply to or in relation to a ship belonging to, or operated by: (a) the Australian Defence Force; or (b) the naval, military or air forces of a country other than Australia.

4 Application of provisions relating to steam‑ships

The provisions of this Act relating to steam‑ships shall apply, with such modifications as are prescribed, to ships propelled by electricity or other mechanical power.

5 Application of the Criminal Code

Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

6 Interpretation

(1) In this Act, unless the contrary intention appears:

agreement means:

(a) in relation to a ship—the agreement between the owner of the ship, or a representative of the owner of the ship, and the crew of the ship; and
(b) in relation to a seaman belonging to a ship—the agreement between the owner of the ship, or a representative of the owner of the ship, and the seaman.

approved form means a form approved by the Authority under section 6F.

articles of agreement has the same meaning as agreement.

Australian coastal sea means:

(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory.

Australian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under subsection 4(2) of the Fisheries Management Act 1991 is in force.

Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.

bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

civil penalty order has the meaning given by subsection 399B(4).

civil penalty provision has the meaning given by section 399A.

Collector means a Collector of Customs or other principal officer of Customs doing duty at a port under the Customs Act.

Commonwealth authority means an authority or body, whether a body corporate or not, established or incorporated for a public purpose by a law of the Commonwealth or of a Territory (other than the Northern Territory), and includes a body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a body corporate in which the Commonwealth has a controlling interest.

Commonwealth ship means a ship:

(a) that belongs to the Commonwealth or to a Commonwealth authority;
(b) the beneficial interest in which is vested in the Commonwealth or in a Commonwealth authority; or
(c) that is for the time being demised or sub‑demised to, or in the exclusive possession of, the Commonwealth or a Commonwealth authority;

but does not include a ship: (d) that belongs to ANL Limited; (e) the beneficial interest in which is vested in ANL Limited; or (f) that is for the time being demised or sub‑demised to, or in the exclusive possession of, ANL Limited.

consul includes:

(a) ambassador, high commissioner, commissioner or other head of mission;
(b) minister;
(c) chargé d’affaires; and
(d) counsellor, secretary or attaché of an embassy or other mission.

Co‑ordinated Universal Time means Co‑ordinated Universal Time as determined by the International Bureau of Weights and Measures.

de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.

diplomatic or consular representative of Australia means a person appointed to hold, or to act in, any of the following offices (being an office of the Commonwealth) in a country or place outside Australia:

(a) ambassador;
(b) minister;
(c) head of mission;
(d) chargé d’affaires;
(e) counsellor, secretary or attaché of an embassy, legation or other post; and
(f) consul.

discharge means the certificate of discharge given to a seaman upon his or her discharge from a ship.

effects includes documents.

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.

equipment, in relation to a ship, includes every thing or article belonging to or to be used in connexion with, or necessary for the navigation and safety of, the ship and, in particular, includes boats, tackle, pumps, apparel, furniture, life‑saving appliances, spars, masts, rigging, sails, fog signals, lights, signals of distress, signalling lamps, pilot ladders, radio equipment, medicines, medical and surgical stores and appliances, fire prevention, detecting and extinguishing appliances, inert gas systems, echo‑sounding devices, mechanical pilot hoists, buckets, compasses, charts, axes, lanterns and gear and apparatus for loading or unloading, or otherwise handling, cargo.

fish includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.

fishing fleet support vessel means:

(a) a ship that is used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels; or
(b) a ship that:
(i) is not a ship to which paragraph (a) applies; and
(ii) is being used in support of the fishing operations of an Australian fishing vessel or vessels; and
(iii) is not covered by a declaration under subsection (1C); or
(c) a ship that:
(i) is in the course of construction; and
(ii) is intended to be used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels;

but does not include: (d) a Commonwealth ship; or (e) an inland waterways vessel.

Note: for in support of fishing operations see subsection (1B).

fishing operations means:

(a) the taking, catching or capturing of fish for trading or manufacturing purposes; and
(b) the processing or carrying of the fish that are taken, caught or captured.

fishing vessel means:

(a) a ship that is used wholly or principally for fishing operations; or
(b) a ship that:
(i) is in the course of construction; and
(ii) is intended to be used wholly or principally for fishing operations;

but does not include: (c) a Commonwealth ship; or (d) an inland waterways vessel.

Government ship means a ship:

(a) that belongs to the Commonwealth or a State or Territory;
(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or
(c) that is for the time being demised or sub‑demised to, or in the exclusive possession of, the Commonwealth or a State or Territory;

and includes a ship that belongs to, or that is operated by, the Australian Defence Force, but does not include a ship: (d) that belongs to a trading corporation that is an authority or agency of the Commonwealth or of a State or of a Territory; (e) the beneficial interest in which is vested in such a trading corporation; or (f) that is for the time being demised or sub‑demised to, or in the exclusive possession of, such a trading corporation.

Great Barrier Reef Region has the same meaning as in the Great Barrier Reef Marine Park Act 1975.

harbour means a harbour properly so called, whether natural or artificial, and includes an estuary, navigable river, creek, channel, haven, roadstead, dock, pier, jetty or other work in or at which ships can obtain shelter or ship and unship goods or passengers.

inland waterways vessel means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly in waters other than waters of the sea, but does not include a Commonwealth ship.

inter‑State voyage, in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:

(a) a port in a State and a port in another State;
(b) a port in a State and a port in a Territory; or
(c) a port in a Territory and a port in another Territory;

whether or not the ship travels between 2 or more ports in any one State or Territory in the course of the voyage.

justice means Justice of the Peace.

master means a person having command or charge of a ship.

Medical Inspector of Seamen means a person appointed under section 123 to be a Medical Inspector of Seamen.

nuclear ship means a ship provided with a nuclear power plant.

officer means the master, a mate or an engineer of a ship.

officer of Customs means a person who is an officer for the purposes of the Customs Act.

officer of police means a member or special member of the Australian Federal Police or a member of the police force of a State or of a Territory.

official means a superintendent, a surveyor, a Medical Inspector of Seamen or any other person, including a Collector or other officer of Customs, required to perform functions or discharge duties for the purposes of this Act.

official log‑book, in relation to a ship, means the official log‑book kept by the master of the ship in pursuance of section 171 or in pursuance of the law of a country other than Australia.

order means an order made under this Act.

overseas voyage, in relation to a ship, means a voyage in the course of which the ship travels between:

(a) a port in Australia and a port outside Australia;
(b) a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;
(c) a port outside Australia and a place in the waters of the sea above the continental shelf of Australia;
(d) a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;
(e) ports outside Australia; or
(f) places beyond the continental shelf of Australia;

whether or not the ship travels between 2 or more ports in Australia in the course of the voyage.

owner of a ship means one or more of the following:

(a) a person who has a legal or beneficial interest in the ship;
(b) a person with overall general control and management of the ship;
(c) a person who has assumed responsibility for the ship from a person referred to in paragraph (a) or (b).

For the purposes of paragraphs (b) and (c), a person is not taken to have overall general control and management of a ship, or to have assumed responsibility for a ship, merely because he or she is the master or pilot of the ship.

parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

passenger means a person carried on board a ship with the knowledge or consent of the owner, charterer, agent or master of the ship, not being:

(a) a person employed or engaged in any capacity on board the ship on the business of the ship;
(b) a person on board the ship in pursuance of an obligation imposed on the master by any law (including a law of a country other than Australia) to assist shipwrecked, distressed or other persons or by reason of circumstances that could not have been prevented or forestalled by the owner, charterer, agent or master of the ship; or
(c) a child under the age of one year.

pilot means a person who does not belong to, but has the conduct of, a ship.

pleasure craft means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly for recreational or sporting activities (whether or not let, or intended to be let, for hire or reward or consideration of any kind), but does not include a Commonwealth ship or an inland waterways vessel.

port includes place and harbour.

PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.

Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:

(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest);
(c) Chapter 9 (transitional provisions).

Note 2: For the meaning of transitional security interest, see section 308 of the Personal Property Securities Act 2009.

proper authority means:

(a) a superintendent;
(b) in relation to a prescribed country:
(i) a person who, under the law of that country, has powers, duties and functions similar to the powers, duties and functions of a superintendent under this Act; or
(ii) a diplomatic or consular representative of Australia or a consul of a prescribed country; or
(c) in relation to a foreign country other than a prescribed country—a diplomatic or consular representative of Australia or a consul of a prescribed country.

radio equipment includes radio navigational aid equipment.

regulated ship has the meaning given by section 186G.

sea includes any waters within the ebb and flow of the tide.

seaman means a person employed or engaged in any capacity on board a ship on the business of the ship, other than:

(a) the master of the ship;
(b) a pilot; or
(c) a person temporarily employed on the ship in port.

ship means any kind of vessel used in navigation by water, however propelled or moved, and includes:

(a) a barge, lighter or other floating vessel;
(b) an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
(c) an off‑shore industry mobile unit;

but (except in Part IIIA, in section 192B, in Division 1, 3, 4, 5, 6, 10, 11 or 13 of Part IV, in Part VII or IX, in Division 1, 3 or 4 of Part X or in Part XI) does not include an off‑shore industry mobile unit that is not self‑propelled.

stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.

superintendent means a superintendent appointed under section 13.

survey authority means a corporation or association for the survey of shipping, approved by the Authority, in writing, for the purposes of this definition.

surveyor means a person appointed to be a surveyor under section 190.

the Court, in relation to proceedings under this Act, means the court exercising jurisdiction in respect of those proceedings.

the Customs Act means the Customs Act 1901.

the Marine Council means the Marine Council established under section 424.

the regulations, except in section 425 or to the extent that the regulations provide otherwise, includes orders made under this Act or pursuant to the regulations.

this Act includes the regulations and, except to the extent that the regulations provide otherwise, includes orders made under this Act.

trading ship means a ship that is used, or, being a ship in the course of construction, is intended to be used, for, or in connection with, any business or commercial activity and, without limiting the generality of the foregoing, includes a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly or principally for:

(a) the carriage of passengers or cargo for hire or reward; or
(b) the provision of services to ships or shipping, whether for reward or otherwise;

but does not include a Commonwealth ship, a fishing vessel, a fishing fleet support vessel, an off‑shore industry mobile unit, an off‑shore industry vessel to which this Act applies, an inland waterways vessel or a pleasure craft.

wages includes emoluments.

(1A) For the purposes of this section, a ship that has been launched, but has not been completed and delivered under the relevant building contract, shall be deemed to be a ship in the course of construction. (1B) For the purposes of this Act, activities in support of the fishing operations of a fishing vessel include: (a) the storage and transport of fish taken, caught or captured by the fishing vessel; and (b) the provision of food, fuel and other supplies to the fishing vessel while it is engaged in fishing operations; and (c) the transport of crew members to and from the fishing vessel while it is engaged in fishing operations. (1C) The Authority may declare, in writing, that a class of ships specified in the declaration are not to be taken to be fishing fleet support vessels under paragraph (b) of the definition of fishing fleet support vessel in subsection (1). (2) A reference in this Act to failure to do an act or thing shall be read as including a reference to refusal or neglect to do that act or thing. (4A) Where, in pursuance of articles of agreement, a person becomes a member of the crew of a ship, he or she is to, until he or she ceases to be a member of the crew of the ship, be deemed, for the purposes of this Act, to belong to the ship. (4B) A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall be deemed, for the purposes of this Act, to cease to belong to the ship and does not again belong to the ship until he or she again becomes a member of the crew of the ship. (4C) A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall not be taken to have been discharged from the ship. (5) Unless the contrary intention appears, a reference in a provision of this Act to a prescribed country shall be read as a reference to a country prescribed for the purposes of that provision, and includes: (a) a colony, overseas territory or protectorate of a country so prescribed; and (b) a territory for the international relations of which a country so prescribed is responsible. (6) Unless the contrary intention appears, a reference in this Act to the certificates of a master, officer or seaman shall be read as a reference to the certificates or other documents issued under, or having effect for the purposes of, this Act that are evidence that the master, officer or seaman, as the case may be, is a qualified master, officer or seaman, as the case may be, of any designation. (7) For the purposes of this Act, a port in the Great Barrier Reef Region shall be taken to be a port in Australia. (8) For the purposes of this Act, members of a person’s family are taken to include the following (without limitation): (a) a de facto partner of the person; (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section; (c) anyone else who would be a member of the person’s family because someone mentioned in paragraph (a) or (b) is taken to be a member of the person’s family.

6A Answering questions

A person who, by this Act, is required to answer a question asked under or for the purposes of this Act shall be deemed not to have complied with that requirement unless he or she answers the question truly to the best of his or her knowledge, information and belief.

6B Desertion

For the purposes of this Act, a seaman has deserted from his or her ship: (a) if the seaman is absent from his or her ship with the intention of not returning to the ship; or (b) if the seaman is absent from his or her ship for a continuous period exceeding 48 hours without leave, lawful cause or reasonable excuse.

6C Incompetency and misconduct of officers

For the purposes of this Act: (a) an officer is incompetent if he or she is inefficient in the performance of any of his or her duties as an officer; and (b) an officer is guilty of misconduct if he or she is guilty of careless navigation, drunkenness, tyranny, improper conduct or, without reasonable cause or excuse, failure of duty.

6D Taking of ships to sea

(1) For the purposes of this Act but subject to subsection (2), a ship shall be deemed to have been taken or sent to sea, or to have gone or proceeded to sea, if the ship has been got under way for the purpose of: (a) going to sea; (b) plying or running; or (c) proceeding on a voyage. (2) A ship shall not be deemed, for the purposes of this Act, to have been taken or sent to sea, or to have gone or proceeded to sea, by reason only that the ship has been got under way for the purpose of moving the ship from one berth or place in a port to another berth or place in the port.

6E Proper return port

(1) For the purposes of this Act, but subject to subsection (2): (a) the proper return port of a master who has been engaged for service on a ship is: (i) such port as is agreed upon between the owner of the ship and the master; or (ii) in the absence of agreement—the port at which the master shipped; and (b) the proper return port of a seaman who has been engaged for service on a ship is: (i) such port as is agreed upon between the master of the ship and the seaman, either in the seaman’s agreement or otherwise; or (ii) in the absence of agreement—the port at which the seaman shipped. (2) A master or seaman and the owner of a ship may agree to refer a question which has arisen between them as to the proper return port of the master or seaman to a proper authority for his or her decision. (3) Section 81 applies to and in relation to such an agreement as if it were an agreement to which that section applies and the reference in that section to a superintendent were a reference to a proper authority.

6F Authority may approve form

The Authority may, in writing, approve a form for the purposes of a provision of this Act.

7A Ships registered in Australia

A reference in this Act to a ship registered in Australia shall be read as a reference to a ship registered under the Shipping Registration Act 1981 and as including a reference to a ship that is required to be registered under that Act but is not so registered.

8 Off‑shore industry fixed structures, mobile units and vessels

(1) In this section:

Australia includes such of the external Territories as are prescribed for the purposes of this section.

natural resources means the mineral and other non‑living resources of the seabed and its subsoil.

(2) A reference in this Act to an off‑shore industry fixed structure shall be read as a reference to a structure (including a pipeline) that: (a) is fixed to the seabed and is not able to move or be moved as an entity from one place to another; and (b) is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely: (i) the continental shelf of Australia; (ii) the seabed of the Australian coastal sea; and (iii) the subsoil of that seabed. (3) A reference in this Act to an off‑shore industry mobile unit shall be read as a reference to: (a) a vessel that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely: (i) the continental shelf of Australia; (ii) the seabed of the Australian coastal sea; and (iii) the subsoil of that seabed; by drilling the seabed or its sub‑soil, or by obtaining substantial quantities of material from the seabed or its sub‑soil, with equipment that is on or forms part of the vessel; (b) a structure (not being a vessel) that: (i) is able to float or be floated; (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 any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely: (A) the continental shelf of Australia; (B) the seabed of the Australian coastal sea; and (C) the subsoil of that seabed; by drilling the seabed or its sub‑soil, or by obtaining substantial quantities of material from the seabed or its sub‑soil, with equipment that is on or forms part of the structure; 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. (4) A reference in this Act to an off‑shore industry vessel shall be read as a reference to: (a) a ship (not being an off‑shore industry mobile unit) that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely: (i) the continental shelf of Australia; (ii) the seabed of the Australian coastal sea; and (iii) the subsoil of that seabed; or (b) any other ship (not being an off‑shore industry mobile unit, or a ship, or a ship included in a class of ships, declared by the Minister, by instrument in writing, to be a ship or a class of ships, as the case requires, to which this paragraph does not apply) at any time when it is being so used. (5) A vessel or other structure that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (3)(a) or subparagraph (3)(b)(iii) shall not be taken not to be an off‑shore industry mobile unit by reason only that the vessel or other structure is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources. (6) A barge or like vessel that is used or intended for use in connection with the construction, maintenance or repair of off‑shore industry fixed structures shall not be taken not to be an off‑shore industry mobile unit by reason only that the vessel is also used or intended for use in connection with the construction, maintenance or repair of other structures. (7) A ship that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (4)(a) shall not be taken not to be an off‑shore industry vessel by reason only that the ship is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources.

8A Off‑shore industry vessels to which Act applies

(1) The owner of an off‑shore industry vessel may apply to the Authority for a declaration under subsection (2) in relation to the off‑shore industry vessel. (2) The Authority may, in writing, declare the off‑shore industry vessel to be an off‑shore industry vessel to which this Act applies. (2A) A declaration under subsection (2) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003. (3) A reference in this Act to an off‑shore industry vessel to which this Act applies is a reference to an off‑shore industry vessel in relation to which a declaration under subsection (2) is in force.

8AA Declaration that Act applies in relation to trading ships engaging in intra‑state trade

(1) The owner of a trading ship may apply to the Authority for a declaration under subsection (2) in relation to the ship. (2) The Authority may, in writing, declare that this Act applies in relation to the ship even when the ship is proceeding on a voyage other than an overseas voyage or an inter‑state voyage. (3) The declaration has effect despite section 2. (4) A declaration under subsection (2) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003. (5) If a declaration under subsection (2) is in force in relation to a trading ship, then, for the purposes of this Act, the ship is to be taken not to be a ship referred to in subsection 2(1).

8AB Declarations that Act applies in relation to fishing fleet support vessels on inter‑state or intra‑state voyages

(1) The owner of a fishing fleet support vessel may apply to the Authority for a declaration under subsection (1A) in relation to the vessel. (1A) Despite subsection (2), the Authority may, in writing, declare that this Act applies to the fishing fleet support vessel even when the vessel is proceeding on a voyage that is not an overseas voyage. (1B) A declaration under subsection (1A) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003. (2) If a declaration under subsection (1A) is in force in relation to a fishing fleet support vessel, the ship is taken not to be a ship referred to in paragraph 2(1)(ba).

8AC Expiration or revocation of declarations

(1) A declaration made under section 8A, 8AA or 8AB ceases to have effect, unless sooner revoked, at the end of the period, if any, specified in the declaration. (2) The Authority must revoke a declaration made under section 8A, 8AA or 8AB if requested to do so by the owner of the vessel or ship to which the declaration relates. (3) The Authority may revoke a declaration made under section 8A, 8AA or 8AB if the Authority is satisfied: (a) that the vessel or ship to which the declaration relates no longer exists or has been lost; or (b) that the name or any other details of the vessel or ship have been changed since the making of the declaration; or (c) that the vessel or ship no longer operates in Australia.

8B Ships imported into Australia deemed to be registered in Australia

(1) Subject to subsection (2) and except where the contrary intention appears, the provisions of this Act apply in relation to a ship (other than an off‑shore industry vessel or an off‑shore industry mobile unit) not registered in Australia that has been imported into Australia within the meaning of the Customs Act 1901 as if it were registered in Australia and were not registered in any other country. (2) The Minister or the Authority may, by instrument in writing, direct that, in relation to a ship, or ships included in a class of ships, specified in the direction, subsection (1) does not have effect or does not have effect in respect of a provision or provisions of this Act specified in the direction. (3) A direction under subsection (2): (a) is subject to such conditions (if any) as are specified in the direction; and (b) may be confined to a particular period or to one or more particular voyages or operations. (4) If a condition that is applicable to a ship by virtue of a direction under subsection (2) is contravened, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $2,000. (5) An offence under subsection (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

9 Delegation

(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers or functions under this Act, other than this power of delegation. (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister. (3) A delegation under this section does not prevent the exercise of a power or performance of a function by the Minister.