Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Australia " includes the external Territories.
"Australia-Netherlands Agreement" means the Agreement between the Netherlands and Australia Concerning Old Dutch Shipwrecks that was signed on 6 November 1972, being the agreement a copy of the text of which is set out in Schedule 1.
"Australian waters" means the territorial sea of Australia and waters of the sea (not being State waters) on the landward side of the territorial sea of Australia.
"continental shelf" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"Dutch relic" means an article mentioned in Article 1 or 2 of the Australia-Netherlands Agreement.
(a) a wrecked vessel mentioned in Schedule 2; or
(b) any other wrecked vessel mentioned in Article 1 of the Australia‑Netherlands Agreement (including any such vessel that is no longer lying on or off the coast of the State of Western Australia as mentioned in that Article).
(aa) an article in respect of which a declaration under subsection 4A(6) or (7) is applicable;
(a) an article in respect of which a notice in force under subsection 5(2) (including that subsection as having effect by virtue of subsection 5(3)) is applicable;
(b) a Dutch relic;
(ba) a Papua New Guinea relic; or
(c) an article in respect of which a notice in force under subsection 6(2) (including that subsection as having effect by virtue of subsection 6(3)) is applicable.
(aa) the remains of a ship in respect of which a declaration under subsection 4A(1) or (2) is applicable;
(a) the remains of a ship in respect of which a notice in force under subsection 5(1) (including that subsection as having effect by virtue of subsection 5(3)) is applicable;
(b) a Dutch shipwreck;
(ba) a Papua New Guinea shipwreck; or
(c) an article or articles in respect of which a notice in force under subsection 6(1) (including that subsection as having effect by virtue of subsection 6(3)) is applicable.
"inspector" means a person appointed as an inspector under section 22 or a member of the Commonwealth Police Force or of the Police Force of a State or Territory.
"offence against this Act" includes:
(a) an offence against the regulations;
(b) an offence against this Act that is taken to have been committed because of section 11.2 of the Criminal Code ; and
(c) an offence against section 11.1 or 11.4 of the Criminal Code in relation to this Act.
"Papua New Guinea relic" means an article in respect of which a notice is in force under subsection 5(6).
"Papua New Guinea shipwreck" means the remains of a ship in respect of which a notice is in force under subsection 5(5).
"protected zone" means an area in respect of which a notice is in force under subsection 7(1) and any area by which the first-mentioned area is extended by a notice that is in force under subsection 7(2) and includes the airspace above such an area and any waters, sea-bed and subsoil included in such an area by virtue of subsection 7(3).
"Register" means the Register of Historic Shipwrecks kept under section 12.
"relevant agreement" means an agreement entered into between Australia and another country or countries in relation to the remains of a ship or ships or in relation to articles associated with a ship or ships, being remains or articles declared in the agreement to be of historic significance.
"sea" includes any waters within the ebb and flow of the tide.
"ship" includes any vessel used in navigation by water.
"State waters" means waters of the sea that are within the limits of a State.
(2) A reference in this Act to the remains of a ship, to part of the remains of a ship, to an article or articles, or to part of an article, being situated in waters, includes a reference to the remains of a ship, to part of the remains of a ship, to an article or articles, or to part of an article, as the case may be:
(a) being situated in, or forming part of, the seabed or the subsoil of the seabed, beneath those waters; or
(b) being situated on, or forming part of, a reef in those waters.
(2A) A reference in this Act to the remains of a ship, to part of the remains of a ship, to an article or articles or to part of an article, having been removed from waters includes a reference to the remains of a ship, to part of the remains of a ship, to an article or articles, or to part of an article, as the case may be:
(a) having been washed away from those waters;
(b) having been removed, or washed away, from the seabed, or the subsoil of the seabed, beneath those waters; or
(c) having been removed, or washed away, from a reef in those waters.
(3) A thing shall not be taken not to be an article for the purposes of this Act by reason that it is attached to the remains of a ship, to a reef or to, or to the subsoil of, the sea‑bed.
(4) A reference in this Act to an article associated with a ship shall be construed as a reference to an article that appears to have formed part of, to have been installed or carried on, or to have been constructed or used by a person associated with, a ship.
(5) For the purpose of this Act, and of any Proclamation under this Act (whether made before or after the commencement of this subsection), the waters adjacent to the coast of a State or of the Northern Territory shall be deemed to comprise so much of the waters within the area the boundary of which was described under the heading referring to that State or Territory in Schedule 2 to the repealed Petroleum (Submerged Lands) Act 1967 as in force immediately after the commencement of Part II of the Petroleum (Submerged Lands--Miscellaneous Amendments) Act 1981 as are within the outer limit of the continental shelf of Australia.
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