New South Wales Consolidated Acts

COMMERCIAL VESSELS ACT 1979 - SECT 5

5 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"certificate of competency" means a certificate of competency under Part 3B, and includes:

(c) a certificate or other document recognised under section 30L, and

(d) a certificate or licence deemed to be a certificate of competency pursuant to clause 3 of Schedule 4 to the Commercial Vessels (Amendment) Act 1983 .

"check", in relation to a motor, means an examination of the motor and the testing of the safety and efficiency of its operation when in use.
"crew", in relation to a vessel, means the persons (including the master of the vessel) whose duty it is to navigate or work the vessel or to carry out any other operations on the vessel.
"designation", in relation to a member of the crew of a vessel, includes:

(a) the position held by that member of the crew,

(b) a description of the duties of that member of the crew, and

(c) the class of certificate of competency held by that member of the crew.

"fishing vessel" means a vessel used wholly or principally for the taking, catching or capturing of fish for sale or for the processing or carrying of fish so taken, caught or captured.
"inter-State voyage" means an inter-State voyage within the meaning of the Navigation Act 1912 of the Commonwealth, as amended.
"master", in relation to a vessel, includes:

(a) the person who for the time being has the command, charge or management of the vessel,

(b) in relation to a vessel the subject of a hiring agreement that has not expired or a hiring agreement that has expired without the owner of the vessel resuming possession thereof-the person who has taken, or took, the vessel on hire,

(c) in relation to a vessel to which is attached a motor that is the subject of a hiring agreement that has not expired or a hiring agreement that has expired without the owner of the motor resuming possession thereof-the person who has taken, or took, the motor on hire, and

(d) in relation to a vessel being towed or pushed by another vessel-the master for the time being of the other vessel unless he or she is subject to the instructions of a person on board the vessel being towed or pushed.

"mechanical power" includes electrical power and power derived from the compression, expansion, combustion, explosion or radioactive emission of any substance.
"motor" means an engine or other device for the propulsion of a vessel by mechanical power which is so designed or constructed as to be from time to time readily attached to, and detached from, a vessel.
"motor permit" means a permit issued under Part 2 with respect to a motor.
"officer of the Minister" means any delegate of the Minister or any officer of such a delegate.
"overseas voyage" means an overseas voyage within the meaning of the Navigation Act 1912 of the Commonwealth, as amended.
"owner", in relation to a vessel or motor, includes:

(a) a joint owner of the vessel or motor,

(b) a person to whom a permit for the vessel or motor has been issued under Part 2, and

(c) a person exercising or discharging, or claiming the right or accepting the obligation to exercise or discharge, any of the powers or duties of an owner, whether on the person’s own behalf or on behalf of another.

"paint" does not include painting in a medium that is readily removable.
"passenger", in relation to a vessel, does not include:

(a) a member of the crew of the vessel, or

(b) a person on board the vessel where the vessel is the subject of a hiring agreement that has not expired, or a hiring agreement that has expired without the owner resuming possession thereof, unless the person who took the vessel on hire is using the vessel for a commercial purpose.

"permit" means a permit for a vessel or motor issued under Part 2.
"permit plate", in relation to a vessel or motor, means a permit plate issued under Part 2 to correspond to a permit for the vessel or motor.
"prescribed law" means a law of:

(a) the Commonwealth,

(b) another State or a Territory of the Commonwealth,

(c) a country that, within the meaning of the Navigation Act 1912 of the Commonwealth, as amended, is a Commonwealth country, or

(d) any other country prescribed for the purposes of this definition.

"regulation" means regulation made under this Act.
"Secretary of the Minister" means the Chief Executive of the Maritime Authority or other prescribed officer of the Minister.
"survey schedule", in relation to a vessel, means the survey schedule issued under section 15 (3) with the permit for the vessel, as amended from time to time.
"surveyor" means a person appointed by the Minister to investigate, or examine and report upon, the design, construction, condition or sufficiency of a vessel or motor, or any part of the hull, construction, machinery or equipment of a vessel, or any component of a vessel or motor, for the purposes of this Act.
"Tribunal" means a Marine Appeals Tribunal constituted under section 32.
"vessel" includes ship, lighter, barge, boat, raft, craft, hydroplane, hydrofoil, hovercraft and any floating object or apparatus, whether amphibious or not, used wholly or partly for the conveyance of persons or things by water.
"vessel permit" means a permit issued under Part 2 in respect of a vessel.

(2) Except in so far as the context or subject-matter otherwise indicates or requires, a reference in this Act to a vessel includes a reference to machinery, fittings, components and equipment in the vessel.

(5) A reference in this Act to the hiring out or taking on hire of a vessel or motor, or to a hiring agreement to which a vessel or motor is subject, is a reference to a transaction or agreement whereby possession and use of the vessel or motor is given to a person on hire on terms which do not require or admit the operation or management of the vessel or motor by the owner of the vessel or motor or his or her servant or agent.

(6) A reference in this Act to the use of a vessel or motor for a commercial purpose is:

(a) in the case of a vessel-a reference to the use of the vessel:

(i) for the carriage of persons or goods for money or any other valuable consideration,

(ii) in any way in, or in connection with, a business or trade or commerce, or

(iii) by hiring it out, or making it available, in the course of a business or in trade or commerce, or

(b) in the case of a motor-a reference to the use of the motor:

(i) by attaching it to a vessel used for a commercial purpose, or

(ii) by hiring it out or making it available in the course of a business or in trade or commerce.

(7) In reckoning the number of persons on board a vessel for the purposes of this Act, the regulations and any permit or other instrument issued or made under this Act or the regulations, children under the age of 1 year shall be disregarded.

(8) A reference in a provision of this Act to prescribed waters is a reference to waters in relation to which it is within the competence of the Parliament of New South Wales to enact the provision.