Document ID: chunk:federal_register_of_legislation:C2022C00080:section:4:p1
Version: federal_register_of_legislation:C2022C00080
Segment Type: section
Provision Reference: s 4 (pt 1/3)
Character Range: 10168–12522

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)