Commonwealth Consolidated Acts

SHIPPING REGISTRATION ACT 1981 - SECT 3

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

"Australia" includes the external Territories.

"Australian national" means:

                     (a)  an Australian citizen;

                     (b)  a body corporate established by or under a law of the Commonwealth or of a State or Territory; or

                     (c)  the Commonwealth or a State or Territory.

"Australian-owned ship" has the meaning given by section 8.

"Australian ship" means a ship having Australian nationality by virtue of section 29.

"Authority" means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 .

"beneficial interests" includes interests arising under contract and other equitable interests.

"bill of sale" means a bill of sale referred to in section 36.

"branch office" means a branch office of the Registration Office.

"Certificate of Clearance" has the same meaning as in the Customs Act 1901 .

"Collector of Customs" means a person who is a Collector for the purposes of the Customs Act 1901 .

"Customs officer" means a person who is an officer for the purposes of the Customs Act 1901 .

"demise charter" , in relation to a ship, means the demise, letting, hire or delivery of the ship to the charterer under a charterparty, by virtue of which the charterer has whole possession and control of the ship (including the right to appoint the master and crew of the ship).

"Deputy Registrar" means a Deputy Registrar of Ships referred to in subsection 48(2).

"fish" includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.

"fishing vessel" means a ship that is used, or is intended to be used, wholly or principally for the taking, catching or capturing of fish for trading or manufacturing purposes.

"foreign country" means a country other than Australia.

"foreign port" means a port in a foreign country.

"foreign resident" means a person other than an Australian national or a resident of Australia.

"Government authority" means:

                     (a)  the Commonwealth or a State or Territory; or

                     (b)  a body corporate established for a public purpose by or under a law of the Commonwealth or of a State or Territory, other than:

                             (ii)  the Western Australian Coastal Shipping Commission; or

                            (iii)  a body corporate that is declared by the regulations not to be a Government authority for the purposes of this definition.

Government ship means a ship 12 metres or more in length:

                     (a)  that belongs to a Government authority or Government authorities, and to no other person;

                     (b)  the beneficial interest in which is vested in a Government authority or Government authorities, and in no other person; or

                     (c)  that is for the time being on demise charter to a Government authority or Government authorities, and to no other person.

"lodged" means lodged with the Registrar in accordance with this Act.

"master" includes a person having command or charge of a ship, but does not include a pilot.

"mortgage" means a mortgage registered under section 38.

"national flag" means the Australian National Flag within the meaning of the Flags Act 1953 .

"offence based on" a particular provision of this Act, being a provision in respect of which section 74 creates an offence, means an offence against section 74 that relates to that provision (unless the contrary intention appears).

"officer" means a person (who may include the Minister) exercising powers, or performing duties or functions, under this Act.

"owner" , except in sections 8, 12, 30 and 58 and in Part VI, means a person registered as owner in accordance with the regulations.

"pilot" means a person who has the lawful conduct of a ship, but does not belong to the ship.

"pleasure craft" means a ship that is used, or is intended to be used, wholly for recreational or sporting activities, whether or not let, or intended to be let, for hire or reward or consideration of any kind.

"previous law" means Part I of the Imperial Act known as the Merchant Shipping Act, 1894, as amended, or otherwise affected in its operation, by the provisions of any other Imperial Act or of any Act, in so far as that Part as so amended, or otherwise affected in its operation, is part of the law of the Commonwealth.

"proper officer" means a person holding, or performing the duties of, any of the following offices (being an office of the Commonwealth) in a country or place outside Australia, namely:

                     (a)  Ambassador;

                     (b)  Minister;

                     (c)  Head of a Mission;

                     (d)  Chargé d'Affaires;

                     (e)  Counsellor, Secretary or Attaché of an Embassy, Legation or other post;

                      (f)  Consul‑General;

                     (g)  Consul; or

                     (h)  Vice‑Consul.

"provisional registration certificate" means a provisional registration certificate granted under section 21, 22 or 65.

"red ensign" means the Australian Red Ensign within the meaning of the Flags Act 1953 .

"Register" means the Australian Register of Ships referred to in section 56.

"registered" means registered under this Act.

"registered agent" , in relation to a ship, means the person whose name and address are entered in the Register in respect of that ship in pursuance of section 64.

"Registrar" means the Registrar of Ships referred to in subsection 48(1).

"registration certificate" means a registration certificate, other than a provisional registration certificate, granted under this Act.

"Registration Office" means the Australian Shipping Registration Office referred to in section 54.

"share" , in relation to a ship, means one of the shares into which the property in a ship is divided as provided by section 11.

"ship" means any kind of vessel capable of navigating the high seas and includes:

                     (a)  a barge, lighter or other floating vessel;

                     (b)  a structure that is able to float or be floated and is able to move or be moved as an entity from one place to another; and

                     (c)  an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;

but does not include a vessel, structure, vehicle or craft declared by the regulations not to be a ship for the purposes of this definition.

"ship on demise charter to an Australian-based operator" has the meaning given by section 9.

"ship permitted to be registered" means a ship permitted to be registered by virtue of section 14.

"ship required to be registered" means a ship required to be registered by virtue of section 12.

"small craft" means a ship less than 12 metres in overall length.

"temporary pass" means a temporary pass granted under section 23.

"this Act" includes the regulations.

"unregistered ship" means a ship entitled to be registered that is not registered.

             (2)  In this Act, unless the contrary intention appears, a reference to the owner of a ship shall, if there is more than one owner of the ship, be read as a reference to each of the owners.

             (3)  A reference in this Act to a resident of Australia shall be read as a reference to:

                     (a)  a person, other than a body corporate, whose permanent place of abode is in Australia, whether or not he or she is from time to time temporarily absent from Australia;

                     (b)  a person, other than a body corporate, whose domicile is in Australia, unless his or her permanent place of abode is outside Australia; or

                     (c)  a body corporate, wherever incorporated, that has its principal place of business in Australia.

             (4)  In this Act, unless the contrary intention appears, a reference to a ship entitled to be registered shall be read as a reference to a ship that is required to be registered by virtue of section 12 or permitted to be registered by virtue of section 14.

             (5)  A reference in this Act to failing to do an act or thing shall be read as including a reference to refusing to do that act or thing.

             (6)  For the purposes of this Act, strict compliance with a prescribed form is not required and substantial compliance is sufficient.

             (7)  A reference in this Act to an offence against this Act, to an offence against a provision of this Act or to a contravention of, or failure to comply with, a provision of this Act shall be read as including a reference to an offence created by section 6, 7 or 7A of the Crimes Act 1914 in relation to this Act.

             (8)  In this Act, a reference to a ship includes a reference to every thing or article belonging to or to be used in connection with, or necessary for the operation and safety of, the ship.