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ADMIRALTY ACT 1988 - SECT 4

Maritime claims

             (1)  A reference in this Act to a maritime claim is a reference to a proprietary maritime claim or a general maritime claim.

             (2)  A reference in this Act to a proprietary maritime claim is a reference to:

                     (a)  a claim relating to:

                              (i)  possession of a ship;

                             (ii)  title to, or ownership of, a ship or a share in a ship;

                            (iii)  a mortgage of a ship or of a share in a ship; or

                            (iv)  a mortgage of a ship's freight;

                     (b)  a claim between co-owners of a ship relating to the possession, ownership, operation or earnings of the ship;

                     (c)  a claim for the satisfaction or enforcement of a judgment given by a court (including a court of a foreign country) against a ship or other property in a proceeding in rem in the nature of a proceeding in Admiralty; or

                     (d)  a claim for interest in respect of a claim referred to in paragraph (a), (b) or (c).

             (3)  A reference in this Act to a general maritime claim is a reference to:

                     (a)  a claim for damage done by a ship (whether by collision or otherwise); or

                     (b)  a claim in respect of the liability of the owner of a ship arising under Part II or IV of the Protection of the Sea (Civil Liability) Act 1981 or under a law of a State or Territory that makes provision as mentioned in subsection 7(1) of that Act; or

                   (ba)  a claim under:

                              (i)  the applied provisions (within the meaning of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 ); or

                             (ii)  a law of a State or Territory of a kind referred to in subsection 10(1) of that Act; or

                     (c)  a claim for loss of life, or for personal injury, sustained in consequence of a defect in a ship or in the apparel or equipment of a ship; or

                     (d)  a claim (including a claim for loss of life or personal injury) arising out of an act or omission of:

                              (i)  the owner or charterer of a ship;

                             (ii)  a person in possession or control of a ship; or

                            (iii)  a person for whose wrongful acts or omissions the owner, charterer or person in possession or control of a ship is liable;

                            being an act or omission in the navigation or management of the ship, including an act or omission in connection with:

                            (iv)  the loading of goods on to, or the unloading of goods from, the ship;

                             (v)  the embarkation of persons on to, or the disembarkation of persons from, the ship; and

                            (vi)  the carriage of goods or persons on the ship; or

                     (e)  a claim for loss of, or damage to, goods carried by a ship; or

                      (f)  a claim arising out of an agreement that relates to the carriage of goods or persons by a ship or to the use or hire of a ship, whether by charterparty or otherwise; or

                     (g)  a claim relating to salvage (including life salvage and salvage of cargo or wreck found on land); or

                     (h)  a claim in respect of general average; or

                      (j)  a claim in respect of towage of a ship; or

                     (k)  a claim in respect of pilotage of a ship; or

                    (m)  a claim in respect of goods, materials or services (including stevedoring and lighterage services) supplied or to be supplied to a ship for its operation or maintenance; or

                     (n)  a claim in respect of the construction of a ship (including such a claim relating to a vessel before it was launched); or

                     (o)  a claim in respect of the alteration, repair or equipping of a ship; or

                     (p)  a claim in respect of a liability for port, harbour, canal or light tolls, charges or dues, or tolls, charges or dues of a similar kind, in relation to a ship; or

                     (q)  a claim in respect of a levy in relation to a ship, including a shipping levy imposed by the Protection of the Sea (Shipping Levy) Act 1981 , being a levy in relation to which a power to detain the ship is conferred by a law in force in Australia or in a part of Australia; or

                      (r)  a claim by a master, shipper, charterer or agent in respect of disbursements on account of a ship; or

                      (s)  a claim for an insurance premium, or for a mutual insurance call, in relation to a ship; or

                      (t)  a claim by a master, or a member of the crew, of a ship for:

                              (i)  wages; or

                             (ii)  an amount that a person, as employer, is under an obligation to pay to a person as employee, whether the obligation arose out of the contract of employment or by operation of law, including the operation of the law of a foreign country; or

                     (u)  a claim for the enforcement of, or a claim arising out of, an arbitral award (including a foreign award within the meaning of the International Arbitration Act 1974 ) made in respect of a proprietary maritime claim or a claim referred to in one of the preceding paragraphs; or

                    (w)  a claim for interest in respect of a claim referred to in one of the preceding paragraphs.



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