QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.9Meaning of owner
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### sec.9 Meaning of owner
The owner of a ship is the person who owns the ship, whether or not—
the person is registered as the ship’s owner under this Act or a law of another jurisdiction; or
for a ship that is a domestic commercial vessel—the person holds a certificate of operation for the ship under the national law .
The owner of a ship includes a person who—
exercises, or purports to exercise, powers of the owner; and
operates the ship or causes or allows it to be operated by someone else.
If a ship’s owner lives outside Queensland, and the owner appoints an agent in Queensland to exercise the owner’s powers and operate the ship, the agent is an owner of the ship.
If, under a charter, a person has exclusive possession of a ship and may operate the ship, the person is an owner of the ship.
If a bank becomes the mortgagee in possession of a ship and operates it, the bank is an owner of the ship.
s 9 amd 2016 No. 3 s 6
(sec.9-ssec.1) The owner of a ship is the person who owns the ship, whether or not— the person is registered as the ship’s owner under this Act or a law of another jurisdiction; or for a ship that is a domestic commercial vessel—the person holds a certificate of operation for the ship under the national law .
(sec.9-ssec.2) The owner of a ship includes a person who— exercises, or purports to exercise, powers of the owner; and operates the ship or causes or allows it to be operated by someone else. If a ship’s owner lives outside Queensland, and the owner appoints an agent in Queensland to exercise the owner’s powers and operate the ship, the agent is an owner of the ship. If, under a charter, a person has exclusive possession of a ship and may operate the ship, the person is an owner of the ship. If a bank becomes the mortgagee in possession of a ship and operates it, the bank is an owner of the ship.
- (a) the person is registered as the ship’s owner under this Act or a law of another jurisdiction; or
- (b) for a ship that is a domestic commercial vessel—the person holds a certificate of operation for the ship under the national law .
- (a) exercises, or purports to exercise, powers of the owner; and
- (b) operates the ship or causes or allows it to be operated by someone else.