Definitions

Definitions below are only guidelines. For more information please consult the relevant acts, regulations and standards.

General

  • Means a vessel that:
    a) does not operate further from its parent vessel than:
        (i) if it does not carry passengers — 5 nautical miles; or
        (ii) if it carries passengers — 2 nautical miles; or
        (iii) another distance determined by the National Regulator; and
    b) is less than 7.5 m long, or another length approved by the National Regulator; and
    c) carries up to 12 passengers, or another number approved by the National Regulator; and
    d) is not powered by a petrol inboard engine. (NSCV Part D)
  • Used in connection with a commercial transaction of any kind including operations
    a) as a business;
    b) as a service (including a service provided by the Crown);
    c) for profit; or
    d) for research. (NSCV Part B)
  • A person who has acquired through training, qualification, experience, or a combination of these, the knowledge and skills enabling that person to perform the tasks required by this National Standard. (NSCV Part B)
  • All persons carried on board the vessel to provide navigation and maintenance of the vessel, its machinery, systems, and arrangements essential for propulsion and safe navigation; or to provide services for other persons on board. (NSCV Part B)
  • For a kind of vessel, means a certificate of competency that allows the holder to be the master of that kind of vessel. (NSCV Part D)
  • For duties performed by a seafarer, means duties performing tasks related to the navigation of a vessel. (NSCV Part D)
  • Means a certificate of competency that allows the holder to perform duties in a deck capacity. (NSCV Part D)
  • 1) Domestic commercial vessel means a vessel that is for use in connection with a commercial, governmental or research activity.
    2) The use of a vessel in connection with an activity that is not a
    commercial, governmental or research activity at the same time as the vessel is used in connection with a commercial, governmental or research activity does not prevent the vessel from being a domestic commercial vessel.
    3) Despite subsection (1), a vessel is not a domestic commercial
    vessel if the vessel:
        (a) is a regulated Australian vessel; or
        (b) is a foreign vessel; or
        (c) is a defence vessel; or
        (d) is owned by:
            (i) a primary or secondary school; or
            (ii) a community group of a kind prescribed by the regulations.
    4) Despite subsection (3)(d), a vessel covered by that subsection is a domestic commercial vessel at any time when it is being used for:
        (a) a purpose prescribed by the regulations; or
        (b) an activity prescribed by the regulations.
    5) Despite subsections (1) and (2), the regulations may provide as follows:
        (a) that a specified thing, or a thing included in a specified class, is a domestic commercial vessel;
        (b) that a specified thing, or a thing included in a specified class, is not a domestic commercial vessel.
    6) Regulations made for the purposes of subsection (3)(d)(ii) may prescribe a kind by reference to a decision of the National Regulator.
    7) A vessel in the course of construction is a domestic commercial vessel if the vessel is, after completion, for use as a domestic commercial vessel.
    8) For the purposes of subsection (7), a vessel that has been launched, but has not been completed and delivered under the relevant building contract, is taken to be a vessel in the course of construction. (Marine Safety [Domestic Commercial Vessel] National Law Act 2012)
  • Operations which do not include international voyages. A vessel is engaged in domestic operations if the place of departure and the first place of arrival are within Australia, notwithstanding that the vessel may travel through waters which are outside Australian territorial limits. (NSCV Part B)
  • The Exclusive Economic Zone (EEZ) is an area beyond and adjacent to the territorial sea. The outer limit of the exclusive economic zone cannot exceed 200NM from the baseline from which the breadth of the territorial sea is measured.

    (The Australian EEZ is defined in the Seas and Submerged Lands Act 1973 ('the SSL Act' - including the amendments to that Act made by the Maritime Legislation Amendment Act 1994)

  • The Exclusive Economic Zone (EEZ) is an area beyond and adjacent to the territorial sea. The outer limit of the exclusive economic zone cannot exceed 200NM from the baseline from which the breadth of the territorial sea is measured.
  • Means a certificate of competency that allows the holder to perform duties in an engineering capacity related to the machinery of a vessel. (NSCV Part D)
  • For the following matters about a certificate of competency, means an assessment by the National Regulator, or an organisation approved by the National Regulator, of whether the applicant has operational knowledge, and knowledge of Australian maritime legislation, appropriate for the grade of the certificate: a) an application for the certificate; b) an application for renewal of the certificate. (NSCV Part D)
  • 1) In determining whether a person is a fit and proper person for the purposes of deciding whether to issue or revoke a certificate, the National Regulator may have regard only to: (a) any conviction of the person for an offence against this Law; and (b) any conviction of the person for an offence against a law of the Commonwealth, a State or a Territory that is relevant for the purposes of deciding whether the person is suitable to hold the certificate; and (c) any other matter prescribed by the regulations. 2) This section does not affect the operation of Part VIIC of the Crimes Act 1914 of the Commonwealth (which includes provisions that, in certain circumstances, relieve persons of the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).Marine Safety (Domestic Commercial Vessel) National Law Act 2012
  • Means non-tidal waters that are open for public navigation. (NSCV Part D)
  • Operations laterally along the coast from the base or regular port of departure, and within a limit of 15 nautical miles to seaward of the coast or of designated sheltered water limits; or within such lesser limits as may be specified. (NSCV Part B)
  • a) a person appointed as an inspector under section 91; or
    b) a member of the Australian Federal Police; or
    c) a member of the police force (however described) of a State or a Territory. (Marine Safety [Domestic Commercial Vessel] National Law Act 2012)
  • Means the person who has command or charge
    of the vessel, but does not include a pilot.

    (Marine Safety  [Domestic Commercial Vessel]  National Law Act 2012)

  • Marine incident means any of the following:
    a) a death of, or injury to, a person associated with the operation or navigation of a domestic commercial vessel;
    b) the loss or presumed loss of a domestic commercial vessel;
    c) a collision of a domestic commercial vessel with another
    vessel;
    d) a collision by a domestic commercial vessel with an object;
    e) the grounding, sinking, flooding or capsizing of a domestic commercial vessel;
    f) a fire on board a domestic  commercial vessel;
    g) a loss of stability of a domestic commercial vessel that affects the safety of the vessel;
    h) the structural failure of a domestic commercial vessel;
    i) a close quarters situation;
    j) an event that results in, or could have resulted in:
        (i) the death of, or injury to, a person on board a domestic commercial vessel; or
        (ii) the loss of a person from a domestic commercial vessel; or
        (iii) a domestic commercial vessel becoming disabled and requiring assistance;
    k) the fouling or damaging by a domestic commercial vessel of:
        (i) any pipeline or submarine cable; or
        (ii) any aid to navigation within the meaning of the Navigation Act 2012 of the Commonwealth;
    l) a prescribed incident involving a domestic commercial vessel. (Marine Safety National Law Act 2012)
  • Means near coastal (NSCV Part D) (Within EEZ)
  • a) a person who has a legal or beneficial interest in the vessel,
    other than as a mortgagee; and
    b) a person with overall general control and management of the vessel. For this purpose, a person is not taken to have overall general control and management of a vessel merely because he or she is the master or pilot of the vessel.
    (Marine Safety [Domestic Commercial Vessel] National Law Act 2012)
  • any person other than -
    a) the master and other members of the crew;
    b) a person designated as special personnel; or
    c) a child under one year of age.
    (NSCV Part B)
  • 1) For a vessel with multi screw or multi propulsion and less than 35 m long and operating in EEZ
    The largest value of maximum continuous rated power of the vessel's main propulsion machinery, for the propulsion of the vessel by 1 screw, on the vessel's certificate of survey or certificate of operation.  
    2) For any other vessel;
    The total maximum continuous rated output power of all the vessel's main propulsion machinery on the vessel's certificate of survey or certificate of operation.
  • A place that can reduce the risk to a vessel and those persons on board the vessel by providing shelter from the sea and weather. A safe haven includes a port, harbour, designated sheltered water area and an inlet or river mouth that offers a good anchorage.

    NOTE: Whether a place is a safe haven is a function of the characteristics of the locality together with the risks encountered in leaving or reaching a safe haven, which include the current weather wave condition and the characteristics of the vessel. (NSCV Part B)

  • all persons who - a) have knowledge of safety procedures and handling of safety equipment on board; b) are not passengers, or members of the crew, or children under one year of age; c) are carried on board in connection with the special purpose of that vessel, or because of special work being carried out aboard that vessel; and d) are able bodied. (NSCV Part B)
  • Means a vessel that: a) is used only to transport goods or people between the shore and its parent vessel or between its parent vessel and another vessel; and b) does not operate further from its parent vessel than 1 nautical mile, or another distance determined by the National Regulator; and c) is less than 7.5 m long, or another length approved by the National Regulator. (Marine Safety [Tenders and auxiliary vessels] Exemption 2013)
  • Means a vessel that is likely to endanger any person
    for any reason, including because of:
    a) the condition or equipment of the vessel; or
    b) the manner or place in which cargo or equipment on the
    vessel is stowed or secured; or (c) the nature of the cargo; or
    d) the overloading of the vessel with people or cargo (including the submergence of the vessel's load line); or
    e) the number of its crew or the qualifications of its crew or
    Master. (Marine Safety [Domestic Commercial Vessel] National Law Act 2012)
  • 1) Means a craft for use, or that is capable of being used, in navigation by water, however propelled or moved, and includes an air-cushion vehicle, a barge, a lighter, a submersible, a ferry in
    chains and a wing-in-ground effect craft.
    2) Despite subsection (1), none of the following is a vessel:
        (a) an aircraft;
        (b) a thing that is a facility for the purposes of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth.
    3) Despite subsections (1) and (2), the regulations may provide as follows:
        (a) that a specified thing, or a thing included in a specified class, is a vessel;
        (b) that a specified thing, or a thing included in a specified class, is not a vessel. (Marine Safety [Domestic Commercial Vessel] National Law Act 2012)
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