Commonwealth Numbered Acts

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT 3

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;



"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
sub-section 48 (2);



"employee", in relation to the Australian Public Service, means a person
employed under section 82 of the Public Service Act 1922;



"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 -

        (i)    the Australian Shipping Commission;

        (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;



"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 and 30 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)  Charge' d'Affaires;

   (e)  Counsellor, Secretary or Attache' 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 sub-section 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 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 is from time to time temporarily
        absent from Australia;

   (b)  a person, other than a body corporate, whose domicile is in Australia,
        unless his 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.