19Application of Part 3

19 Application of Part 3

(1) This Part applies only in relation to matters involving the following: (a) the operation of a regulated Australian vessel (within the meaning of the Navigation Act 2012) in the course of relevant marine navigation; (b) the operation of a foreign vessel (within the meaning of that Act) in the course of relevant marine navigation, if the foreign vessel is: (i) in an Australian port; or (ii) entering or leaving an Australian port; or (iii) in the internal waters of Australia; or (iv) in the territorial sea of Australia; (c) the operation of a domestic commercial vessel (within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law) on an interstate voyage.

Note: Subject to subsection (3), this Part does not apply to matters involving the operation of an Australian defence ship or an exempt foreign ship (see subsection 22(2) of the Act, and the definition of exempt transport vehicle in subsection 3(1) of the Act).

(2) For the purposes of this instrument, relevant marine navigation is: (a) marine navigation conducted in the course of trade or commerce with other countries or among the States; or (b) marine navigation: (i) outside Australia; or (ii) within a Territory, or to or from a Territory; or (iii) within a Commonwealth place, or to or from a Commonwealth place; or (iv) on a ship owned or operated by a constitutional corporation or Commonwealth entity.

Note: For outside Australia, see subsection 11(5) of the Act.

(3) To avoid doubt, if a matter involves the operation of: (a) a ship (the first ship) mentioned in subsection (1); and (b) a ship not mentioned in subsection (1); subsection (1) does not prevent the matter from being a reportable matter in relation to the first ship. (4) Subject to subsection (6), in relation to a particular ship that has a crew, this Part applies only in relation to matters occurring during the period: (a) beginning when the first person to board the ship for the purpose of performing duties as a crew member does so; and (b) ending when the last crew member to disembark from the ship does so. (5) Subject to subsection (6), in relation to a particular ship that does not have a crew, this Part applies only in relation to matters occurring during the period: (a) beginning when the ship is ready to move with the purpose of conducting a voyage; and (b) ending when the ship comes to rest at the end of the voyage and the primary propulsion system is shut down. (6) This Part also applies in relation to a death or injury mentioned in item 1 or 10 of the table in section 20 if the death or injury occurs as a result of a matter occurring during the period mentioned in subsection (4) or (5) of this section.