140AInterpretation

#### 140A Interpretation (1) In this Division: > authorized person means a member or a special member of the Australian Federal Police, a member of the Police Force of a State or Territory, a member of the Defence Force or a person, or a person included in a class of persons, authorized to perform duties under this Division in accordance with subsection (4). > exempt vessel, in relation to a safety zone, means a vessel: (a) that is excluded from the operation of section 119 in relation to that safety zone by virtue of the instrument establishing the safety zone; or (b) in respect of which there is in force a consent in writing of the Designated Authority under subsection 119(1) in relation to that safety zone. > Government vessel means a vessel that is beneficially owned by, or a vessel the whole possession and control of which is for the time being vested in, the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory. > master, in relation to a vessel, means the person having command or charge of the vessel. > owner, in relation to a vessel, means: (a) in a case to which paragraph (b) does not apply—the person who owns the vessel; or (b) if the vessel is being operated by a person (not being the person who owns the vessel) who has the whole possession and control of the vessel—the operator of the vessel. > prescribed safety zone means a safety zone that is situated within any part of the area described in Schedule 6 that comprises waters of the sea that are not within the territorial sea of Australia or within any area on the landward side of the territorial sea of Australia. > relevant vessel means a vessel: (a) that is registered under the Shipping Registration Act 1981 and the gross tonnage of which specified in the certificate of registration of the vessel exceeds 200; (b) that is not registered under the Shipping Registration Act 1981 but is permitted to be registered under that Act (other than a vessel that, under the law of another country, is entitled to fly the flag of that country and is flying that flag), being a vessel the tonnage length of which is equal to or exceeds 24 metres; or (c) not being a vessel to which paragraph (a) or (b) applies, that is in the adjacent area for the purpose of exploring the sea‑bed or subsoil of the adjacent area for petroleum or minerals or for the purpose of exploiting the natural resources, being petroleum or minerals, of that sea‑bed or subsoil; but does not include a Government vessel. > safety zone means an area that is a safety zone for the purposes of section 119. (2) A reference in this Division to the area to be avoided shall be read as a reference to so much of the area described in Schedule 6 as comprises waters of the sea that: (a) are not within the territorial sea of Australia or within any area on the landward side of the territorial sea of Australia; and (b) are not within a safety zone. (3) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, subsection (2) and the definition of prescribed safety zone in subsection (1) continue to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles. (4) The Designated Authority may, by notice published in the Gazette, authorize a person, or a person included in a specified class of persons, to perform duties under this Division. (5) The reference in the definition of Government vessel in subsection (1) to an authority of the Commonwealth, of a State or of a Territory shall be read as a reference to a body corporate established for a public purpose by or under a law of the Commonwealth or of a State or Territory, as the case may be, other than: (b) the Western Australian Coastal Shipping Commission; (c) the Transport Commission established under the Transport Act 1938 of the State of Tasmania; or (d) a body corporate that is declared by regulations made under the Shipping Registration Act 1981 not to be a Government authority for the purposes of that Act. (6) For the purposes of this Division, the tonnage length of a ship shall be determined in the same manner as it is determined for the purposes of the Shipping Registration Act 1981.