MIGRATION REGULATIONS 1994 - REG 3.13 Interpretation

MIGRATION REGULATIONS 1994 - REG 3.13

    In this Division:

"civilian vessel" means a vessel other than a vessel of the regular armed forces of a Government recognised by Australia.

"international cargo ship" :

  (a)   means a civilian vessel that:

  (i)   has a gross tonnage of at least 500 tons; and

  (ii)   either:

  (A)   is used wholly or principally to provide sea transportation of cargo; or

  (B)   is used to provide services to ships or shipping; and

  (b)   does not include any of the following:

  (i)   an international passenger cruise ship;

  (ii)   a fishing vessel;

  (iii)   a fishing support vessel;

  (iv)   a pleasure craft.

"international passenger aircraft" means an aircraft that is being used to provide a regular international passenger air service or an international passenger charter air service.

"international passenger charter air service" means a service of providing air transportation of persons:

  (a)   from:

  (i)   a place outside Australia to a place in Australia; or

  (ii)   a place in Australia to a place outside Australia; and

  (b)   that is provided:

  (i)   by an airline operator that provides a regular international passenger air service; and

  (ii)   in return for a fee payable by persons using the service; and

  (c)   that is not conducted in accordance with an international airline licence granted under Division   1 of Part   6 of the Air Navigation Regulations   1947 .

"international passenger cruise ship" means a ship that:

  (a)   has sleeping facilities for at least 100 persons (other than crew members); and

  (b)   is being used to provide an international passenger sea transportation service.

"international passenger sea transportation service" means a service of providing sea transportation of persons:

  (a)   from:

  (i)   a place outside Australia to a place in Australia; or

  (ii)   a place in Australia to a place outside Australia; and

  (b)   that is provided in return for a fee payable by persons using the service; and

  (c)   that is available to the general public.

"master" includes owner, charterer, and agent in Australia.

"regular international passenger air service" means a service of providing air transportation of persons:

  (a)   from:

  (i)   a place outside Australia to a place in Australia; or

  (ii)   a place in Australia to a place outside Australia; and

  (b)   that is provided in return for a fee payable by persons using the service; and

  (c)   that is conducted in accordance with:

  (i)   an international airline licence granted under Division   1 of Part   6 of the Air Navigation Regulations   1947 ; and

  (ii)   fixed schedules from fixed airports outside Australia over specific routes to fixed airports in Australia; and

  (d)   that is available to the general public on a regular basis.

Note:   Vessel includes an aircraft: see the Act, s 5(1).