Commonwealth Consolidated Acts

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CONTROL OF NAVAL WATERS ACT 1918 - SECT 2

Interpretation

(1)
In this Act, unless the contrary intention appears:

"aircraft" means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.

"defence land" means land used by the Commonwealth for purposes related to the defence of the Commonwealth, and includes:

(a)
land set apart for, or dedicated to, a public purpose, being a purpose related to the defence of the Commonwealth, by the Governor-General under section 122 of the Lands Acquisition Act 1989 ; and
(b)
land reserved under a law of a Territory for a purpose related to the defence of the Commonwealth.
"exempt vessel" means:

(a)
a vessel belonging to, or used by, the Commonwealth,including a vessel belonging to, or used by, the Australian Navy; or
(b)
a vessel that is, by virtue of a Proclamation in force under section 3A, an exempt vessel.
"hovercraft" means a vehicle that is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle.

"installation" means:

(a)
a naval establishment, dock, dockyard, slipway, victualling yard, arsenal, wharf or mooring owned or used by the Commonwealth; or
(b)
any fixed structure, apparatus or equipment used by the Commonwealth for purposes related to the naval defence of the Commonwealth.
"master", in relation to a vessel, means the person having the command or charge of the vessel.

"nautical mile" means an international nautical mile.

"naval waters" means waters that, by virtue of a Proclamation in force under section 3B, are naval waters for the purposes of this Act.

"sea" includes any waters within the ebb and flow of the tide.

"seaplane" includes a flying boat and any other aircraft designed to manoeuvre on water.

"superintendent" means a superintendent appointed under section 3C and, in relation to any naval waters, means the superintendent in whose instrument of appointment those naval waters are specified.

"vessel" means any kind of vessel used in navigation by water however propelled or moved and includes a hovercraft or a seaplane on or in water and any other thing capable of carrying persons or goods on, in or under water.

"waters" means waters of the sea.

(2)
A reference in the succeeding provisions of this Act (other than section 3A) to a vessel, not being a reference to an exempt vessel, shall be read as not including a reference to an exempt vessel.


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