ADMIRALTY ACT 1988 - SECT 4 Maritime claims

ADMIRALTY ACT 1988 - SECT 4

  (1)   A reference in this Act to a maritime claim is a reference to a proprietary maritime claim or a general maritime claim.

  (2)   A reference in this Act to a proprietary maritime claim is a reference to:

  (a)   a claim relating to:

  (i)   possession of a ship;

  (ii)   title to, or ownership of, a ship or a share in a ship;

  (iii)   a mortgage of a ship or of a share in a ship; or

  (iv)   a mortgage of a ship's freight;

  (b)   a claim between co - owners of a ship relating to the possession, ownership, operation or earnings of the ship;

  (c)   a claim for the satisfaction or enforcement of a judgment given by a court (including a court of a foreign country) against a ship or other property in a proceeding in rem in the nature of a proceeding in Admiralty; or

  (d)   a claim for interest in respect of a claim referred to in paragraph   ( a), (b) or (c).

  (3)   A reference in this Act to a general maritime claim is a reference to:

  (a)   a claim for damage done by a ship (whether by collision or otherwise); or

  (b)   a claim in respect of the liability of the owner of a ship arising under Part   II or IV of the Protection of the Sea (Civil Liability) Act 1981 or under a law of a State or Territory that makes provision as mentioned in subsection   7(1) of that Act; or

  (ba)   a claim under:

  (i)   the applied provisions (within the meaning of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 ); or

  (ii)   a law of a State or Territory of a kind referred to in subsection   10(1) of that Act; or

  (c)   a claim for loss of life, or for personal injury, sustained in consequence of a defect in a ship or in the apparel or equipment of a ship; or

  (d)   a claim (including a claim for loss of life or personal injury) arising out of an act or omission of:

  (i)   the owner or charterer of a ship;

  (ii)   a person in possession or control of a ship; or

  (iii)   a person for whose wrongful acts or omissions the owner, charterer or person in possession or control of a ship is liable;

    being an act or omission in the navigation or management of the ship, including an act or omission in connection with:

  (iv)   the loading of goods on to, or the unloading of goods from, the ship;

  (v)   the embarkation of persons on to, or the disembarkation of persons from, the ship; and

  (vi)   the carriage of goods or persons on the ship; or

  (e)   a claim for loss of, or damage to, goods carried by a ship; or

  (f)   a claim arising out of an agreement that relates to the carriage of goods or persons by a ship or to the use or hire of a ship, whether by charterparty or otherwise; or

  (g)   a claim relating to salvage (including life salvage and salvage of cargo or wreck found on land); or

  (h)   a claim in respect of general average; or

  (j)   a claim in respect of towage of a ship; or

  (k)   a claim in respect of pilotage of a ship; or

  (m)   a claim in respect of goods, materials or services (including stevedoring and lighterage services) supplied or to be supplied to a ship for its operation or maintenance; or

  (n)   a claim in respect of the construction of a ship (including such a claim relating to a vessel before it was launched); or

  (o)   a claim in respect of the alteration, repair or equipping of a ship; or

  (p)   a claim in respect of a liability for port, harbour, canal or light tolls, charges or dues, or tolls, charges or dues of a similar kind, in relation to a ship; or

  (q)   a claim in respect of a levy in relation to a ship, including a shipping levy imposed by the Protection of the Sea (Shipping Levy) Act 1981 , being a levy in relation to which a power to detain the ship is conferred by a law in force in Australia or in a part of Australia; or

  (r)   a claim by a master, shipper, charterer or agent in respect of disbursements on account of a ship; or

  (s)   a claim for an insurance premium, or for a mutual insurance call, in relation to a ship; or

  (t)   a claim by a master, or a member of the crew, of a ship for:

  (i)   wages; or

  (ii)   an amount that a person, as employer, is under an obligation to pay to a person as employee, whether the obligation arose out of the contract of employment or by operation of law, including the operation of the law of a foreign country; or

  (u)   a claim for the enforcement of, or a claim arising out of, an arbitral award (including a foreign award within the meaning of the International Arbitration Act 1974 ) made in respect of a proprietary maritime claim or a claim referred to in one of the preceding paragraphs; or

  (w)   a claim for interest in respect of a claim referred to in one of the preceding paragraphs.