5Definitions
(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:
(a), (b)
(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.
(3), (4)
(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.
s 5: Am 1983 No 114,
Schs 1 (2), 3 (4); 1995 No 13, Sch 4; 1996 No 107, Sch 1.3 [1]; 2006 No 84,
Sch 2.1 [2].