Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MARITIME POWERS ACT 2013 - SECT 8

Definitions

                   In this Act:

"actionable contravention" , in relation to an aircraft, has the meaning given by section 10.

"aircraft" means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface.

"aircraft identification powers" has the meaning given by subsection 55(4).

"approval" , given by the Minister for the exercise of powers, has the meaning given by section 24.

"archipelagic waters" has the same meaning as in the Convention.

"Australia" , when used in a geographical sense, includes:

                     (a)  the external Territories; and

                     (b)  the territorial seas of Australia and the external Territories; and

                     (c)  any installation attached to:

                              (i)  the continental shelf of Australia or an external Territory; or

                             (ii)  the seabed within the exclusive economic zone of Australia or an external Territory; and

                     (d)  the safety zone around any such installation; and

                     (e)  the airspace above Australia (including the airspace above the areas covered by paragraphs (a) to (d)).

"Australian aircraft" means:

                     (a)  an aircraft registered, or required to be registered, under regulations made under the Civil Aviation Act 1988 ; or

                     (b)  a Commonwealth aircraft.

"Australian law" :

                     (a)  means a law of the Commonwealth or a State or Territory, and includes this Act; but

                     (b)  does not include a law prescribed by the regulations.

"Australian national" means:

                     (a)  an Australian citizen; or

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

                     (c)  the Commonwealth or a State or Territory.

"Australian vessel" means:

                     (a)  an Australian ship within the meaning of the Shipping Registration Act 1981 ; or

                     (b)  a vessel that is not registered under the law of a foreign country and is either wholly owned or solely operated by:

                              (i)  one or more residents of Australia; or

                             (ii)  one or more Australian nationals; or

                            (iii)  one or more residents of Australia and one or more Australian nationals.

"authorisation" has the meaning given by subsection 23(1).

"authorising officer" has the meaning given by subsection 16(1).

"border controlled drug" has the same meaning as in Part 9.1 of the Criminal Code .

"border controlled plant" has the same meaning as in Part 9.1 of the Criminal Code .

"chased without interruption" , in relation to a vessel, has the meaning given by section 42 .

"Commonwealth aircraft" means an aircraft that is owned by, or in the possession or control of, the Commonwealth or a Commonwealth authority.

"Commonwealth officer" means a person who:

                     (a)  holds, or performs the duties of, an appointment, office or position under a law of the Commonwealth; or

                     (b)  is otherwise in the service of the Commonwealth.

"Commonwealth ship" means a vessel that is owned by, or in the possession or control of, the Commonwealth or a Commonwealth authority.

"contiguous zone" has the same meaning as in the Convention.

"continental shelf" has the same meaning as in the Convention.

"continuous exercise of powers" has the meaning affected by section 11.

"contravention" , of a law, includes an offence against the law.

"Convention" means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

Note:          The text of the Convention is set out in Australian Treaty Series 1994 No. 31 ([1994] ATS 31). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

"conveyance" includes a vessel, aircraft or vehicle.

"cooperating agency" has the meaning given by subsection 116(4).

"country" , when used in a geographical sense, includes:

                     (a)  the territorial sea, and any archipelagic waters, of the country; and

                     (b)  any installation attached to the continental shelf, or the seabed within the exclusive economic zone, of the country; and

                     (c)  any safety zone around any such installation; and

                     (d)  the airspace above the country (including the airspace above the areas covered by paragraphs (a) to (c)).

"destination" :

                     (a)  in relation to a vessel or aircraft detained under subsection 69(1)--see subsections 69(2), (3) and (3A); or

                     (b)  in relation to a person detained under subsection 72(4)--see subsections 72(4), (4A) and (4B).

Note:          See also section 75C.

"detained aircraft" has the meaning given by subsection 69(5).

"detained vessel" has the meaning given by subsection 69(4).

"detention provision" has the meaning given by subsection 73(2).

"engage in conduct" means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

"evidence and warrants authorisation" has the meaning given by subsection 20(2).

"evidential material" means any thing that may afford evidence of a contravention of an Australian law, including such a thing in electronic form.

"exclusive economic zone" has the same meaning as in the Convention.

"Foreign Affairs Minister" means the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

"foreign aircraft" means an aircraft other than an Australian aircraft.

"foreign installation" means an installation controlled by a foreign country.

"foreign vessel" means a vessel other than an Australian vessel.

"frisk search" has the meaning given by subsection 61(5).

"installation" :

                     (a)  means:

                              (i)  an artificial island within the meaning of the Convention; or

                             (ii)  an installation within the meaning of the Convention; or

                            (iii)  a structure within the meaning of the Convention; but

                     (b)  does not include a thing that has been, or could be, such an island, installation or structure but is not installed.

"international agreement" means an agreement or arrangement between Australia and one or more other countries.

"international decision" means a decision made by:

                     (a)  the Security Council of the United Nations; or

                     (b)  another international body that, under international law, makes decisions that are binding on its members.

"involved" , in a contravention of a law, has the meanings given by section 9.

"isolated person" means a person who is not on, or in the vicinity of, a vessel, installation, aircraft or protected land area.

"Marine Safety (Domestic Commercial Vessel) National Law" has the meaning given by section 17 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

"maritime officer" has the meaning given by subsection 104(1).

"maritime powers" means the powers in Part 3.

"migration zone" has the same meaning as in the Migration Act 1958 .

"monitoring law" means:

                     (a)  the Customs Act 1901 ; or

                     (b)  the Fisheries Management Act 1991 ; or

                     (c)  the Migration Act 1958 ; or

                     (d)  the Torres Strait Fisheries Act 1984 ; or

                     (e)  section 72.13 or Division 73 or 307 of the Criminal Code ; or

                      (f)  clause 8 of Schedule 1 to the Environment Protection and Biodiversity Conservation Act 1999 ; or

                     (g)  a law prescribed by the regulations.

"ordinary search" has the meaning given by subsection 61(4) .

"personal information" has the same meaning as in the Privacy Act 1988 .

"person assisting" , in the exercise of powers under this Act, has the meaning given by subsection 38(5).

"person in charge" , in relation to the exercise of powers by a maritime officer:

                     (a)  in relation to a vessel, installation or aircraft--means the person who appears to the officer to be in charge of the vessel, installation or aircraft; or

                     (b)  in relation to a protected land area--means the person who appears to the officer to be in control, possession or occupation of the land, or any premises on the land.

"protected land area" means an area of land that is:

                     (a)  outside the States and internal Territories; and

                     (b)  prescribed by the regulations.

"resident of Australia" means:

                     (a)  an individual who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law; or

                     (b)  a body corporate that has its principal place of business in Australia.

"retained thing" has the meaning given by subsection 68(3).

"safety zone" , in relation to an installation:

                     (a)  has the same meaning as in the Convention; and

                     (b)  includes the column of water below that zone.

"seizable transit goods" means:

                     (a)  goods that are connected, either directly or indirectly, with the carrying out of a terrorist act, whether the terrorist act has occurred, is occurring or is likely to occur; or

                     (b)  goods, the existence or the shipment of which, prejudices, or is likely to prejudice, Australia's defence or security or international peace and security.

Note:          Seizable transit goods may be forfeited to the Commonwealth under the Customs Act 1901 .

"seized thing" has the meaning given by subsection 67(3).

"support vessel" has the meaning given by subsection 9(4).

"territorial sea" has the same meaning as in the Convention.

"terrorist act" has the same meaning as in Part 5.3 of the Criminal Code .

"thing" includes a record or document.

"this Act" includes the regulations.

"vessel" means a vessel or boat of any description and includes a hovercraft and any floating structure, but does not include an installation.

"vessel identification powers" means the powers set out in the following provisions:

                     (a)  section 52 (boarding vessels, installations and aircraft);

                     (b)  section 53 (requirement to facilitate boarding);

                     (c)  section 54 (additional powers--vessels);

                     (d)  section 57 (requiring answers, records and documents);

                     (e)  section 58 (obtaining readings);

                      (f)  section 59 (searching places);

                     (g)  section 61 (searching persons);

                     (h)  section 63 (examining things);

                      (i)  section 66 (securing weapons).

"vessels without nationality authorisation" has the meaning given by subsection 21(2).

"weapon" includes a thing that:

                     (a)  is capable of being used to inflict bodily injury (including ammunition); or

                     (b)  is capable of being used to help a person escape from detention or custody; or

                     (c)  is capable of being used to cause damage to a vessel, installation or aircraft; or

                     (d)  except for the absence of, or a defect in, a part of the thing, would be a weapon of a kind mentioned in paragraph (a), (b) or (c); or

                     (e)  is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a), (b) or (c).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback