Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 245A

                   In this Division, unless the contrary intention appears:

"aircraft" includes aeroplanes, seaplanes, airships, balloons or any other means of aerial locomotion.

"Australian aircraft" means an aircraft that:

                     (a)  is an Australian aircraft as defined in the Civil Aviation Act 1988 ; or

                     (b)  is not registered under the law of a foreign country and is either wholly owned by, or solely operated by:

                              (i)  one or more residents of Australia; or

                             (ii)  one or more Australian nationals; or

                            (iii)  one or more residents of Australia and one or more Australian nationals.

For the purposes of this definition, Australian national and resident of Australia have the same meanings as in the Shipping Registration Act 1981 .

"Australian ship" means a ship that:

                     (a)  is an Australian ship as defined in the Shipping Registration Act 1981 ; or

                     (b)  is not registered under the law of a foreign country and is either wholly owned by, or solely operated by:

                              (i)  one or more residents of Australia; or

                             (ii)  one or more Australian nationals; or

                            (iii)  one or more residents of Australia and one or more Australian nationals.

For the purposes of this definition, Australian national and resident of Australia have the same meanings as in the Shipping Registration Act 1981 .

"Commonwealth aircraft means an aircraft that is in the service of the Commonwealth and displaying the ensign or insignia prescribed for the purposes of the definition of Commonwealth aircraft" in subsection 4(1) of the Customs Act 1901 .

"Commonwealth ship means a ship that is in the service of the Commonwealth and flying the ensign prescribed for the purposes of the definition of Commonwealth ship" in subsection 4(1) of the Customs Act 1901 .

"contiguous zone" , in relation to Australia, has the same meaning as in the Seas and Submerged Lands Act 1973 .

"foreign ship" means a ship that is not an Australian ship.

"goods" includes a document.

"ship" means any vessel used in navigation, other than air navigation, and includes:

                     (a)  an off‑shore industry mobile unit; and

                     (b)  a barge, lighter or any other floating vessel.

"territorial sea" , in relation to Australia, has the same meaning as in the Seas and Submerged Lands Act 1973 .

"this Act" includes regulations made under this Act.

"UNCLOS" means the United Nations Convention on the Law of the Sea.

Note:          The text of the Convention is set out in Australian Treaty Series 1994 No. 31.