Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 7

             (1)  A ship shall be deemed to be engaged in the coasting trade, within the meaning of this Act, if it takes on board passengers or cargo at any port in a State, or a Territory, to be carried to, and landed or delivered at, any other port in the same State or Territory or in any other State or other such Territory:

Provided that a ship shall not be deemed to be engaged in the coasting trade by reason of the fact that it carries:

                     (a)  passengers who hold through tickets to or from a port beyond Australia and the Territories; or

                     (b)  cargo consigned on a through bill of lading to or from a port beyond Australia and those Territories and which is not transhipped to or from any ship trading exclusively in Australian waters which is not licensed under this Act; or

                     (c)  mails between any ports in Australia or in any of those Territories; or

                     (d)  as a passenger:

                              (i)  the owner of the ship or a person who is a servant, or a member of the family, of the owner of the ship; or

                             (ii)  a pilot who is proceeding from his or her home station for the purpose of meeting a ship requiring the pilot's services or is returning to his or her home station after piloting a ship:

Provided further that the Governor‑General may by order declare that the carrying of passengers or cargo between ports in any Territory, or between ports in any such Territory and any other Australian ports, or ports in any other such Territory shall not be deemed engaging in the coasting trade.

             (2)  In this section, owner , in relation to a ship, includes a person who is the manager or secretary of a body corporate which is the owner of the ship.