Document ID: chunk:federal_register_of_legislation:C2024C00748:section:4:p3
Version: federal_register_of_legislation:C2024C00748
Segment Type: section
Provision Reference: s 4 (pt 3/4)
Character Range: 9016–11766

if the primary offence referred to in section 10F is an offence against section 10D—any vessel, aircraft or platform used to export the controlled material; or
 (e) if the primary offence referred to in section 10F is an offence against section 10E—any vessel, aircraft or platform from which the artificial reef placement occurred.
offending material means:
 (a) in relation to an offence against section 10A—the controlled material that was dumped; or
 (b) in relation to an offence against section 10B—the controlled material that was incinerated; or
 (c) in relation to an offence against section 10C—the controlled material that was loaded; or
 (d) in relation to an offence against section 10D—the controlled material that was exported; or
 (e) in relation to an offence against section 10E—the controlled material that was placed for the purpose of creating an artificial reef; or
 (f) in relation to an offence against section 10F—the offending material in relation to the primary offence referred to in section 10F.
owner, in relation to a vessel, aircraft or platform, includes:
 (a) every person who is a co‑owner of the vessel, aircraft or platform or of any part of, or any share in, the vessel, aircraft or platform; and
 (b) every person who has the use or control (whether alone or jointly with another person or other persons) of the vessel, aircraft or platform.
permit means a permit granted under section 19.
person in charge means:
 (a) in relation to a vessel—the master or other person in charge of the vessel;
 (b) in relation to an aircraft—the person in charge of the aircraft; or
 (c) in relation to a platform—the person in charge of the operations conducted on or from the platform.
platform includes any man‑made structure at sea, whether floating or fixed to the seabed, but does not include a vessel.
Protocol means the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, done at London on 7 July 1996, as amended and in force for Australia from time to time.
Note: The English text of the Protocol is set out in Australian Treaty Series 2006 No. 11. In 2006, the text of a Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
radioactive material means material that has an activity of more than 35 becquerels per gram.
seriously harmful material means:
 (a) radioactive material; or
 (b) any other material that is prescribed by the regulations for the purposes of this paragraph.
Note: Subsection 41(3) places limitations on the making of regulations for the purposes of paragraph (b) of this definition.
Torres Strait Treaty means the Treaty between Australia and