48Meaning of “owner” of vessel or cargo

48 Meaning of “owner” of vessel or cargo

48 Meaning of “owner” of vessel or cargo

(1) In this Act, owner of a vessel or cargo means (subject to this section) the person who owns the vessel or cargo.

(2) A reference in this Act to the owner of a vessel includes a reference to—

(a) a person registered as the vessel’s owner in the relevant authority under the marine legislation or the National law or other certificate of registry for the vessel, or

(b) a person who has chartered the vessel.

(3) A reference in this Act to the owner of a vessel or cargo includes a reference to a joint owner of the vessel or cargo.

(4) A reference in this Act to the owner of a vessel or cargo includes a reference to any person who, whether on the person’s own behalf or on behalf of another—

(a) exercises any of the functions of the owner of the vessel or cargo, or

(b) represents to the relevant port authority that the person has those functions or accepts the obligation to exercise those functions.

(5) For the purposes of this Act, a person does not cease to be an owner of a vessel because the vessel is mortgaged, chartered, leased or hired to another person.

s 48: Am 2012 No 90, Sch 2.13 [7].