Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p22
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 55455–58102

International Maritime Organization;

'payment' means any reward, remuneration or compensation due under Division 3;

'property' means any property not permanently and intentionally attached to the shoreline and includes freight at risk;

'Salvage Convention' means the International Convention on Salvage, 1989, as set out in Part A of Schedule 9 to this Act;

'salvage operation' means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever;

'Secretary-General' means the Secretary-General of the Organization;

'vessel' means any ship or craft, or any structure capable of navigation.".

39. Section 294:

  Add:

"(2) A reference in this Part to Division 3 includes a reference to the provision having the force of law under section 315.".

40. Subsection 295A(1):

  Omit "Divisions 3 and 4", substitute "Division 3".

41. Subsection 295B(1):

  Omit "Divisions 3 and 4", substitute "Division 3".

42. After section 314:

  Insert in Division 2 of Part VII:

Removal of wrecks on or near coast

"314A.(1) If a ship or part of a ship is wrecked, stranded, sunk or abandoned on or near the coast of Australia, the Authority has, in regard thereto, the following powers:

SCHEDULE 1—continued

    (a) to require the owner thereof, by notice in writing, to remove the wreck, or a specified part of the wreck, within a time specified in the notice, or give security for such removal to its satisfaction;

    (b) in the event of the owner not complying with such notice, to remove or to destroy the wreck, or the part of the wreck, as the case may be, in any manner it sees fit;

    (c) to sell any wreck, or a part of any wreck, recovered under its orders, and out of the proceeds of the sale:

       (i) to retain a sum to cover the expenses incurred in the recovery and sale of the wreck or the part of the wreck; and

       (ii) to pay the surplus (if any) to the owner;

    (d) to recover from the owner any expenses incurred by it in connection with such removal or destruction.

    "(2) For the purposes of this section:

'owner' means the owner immediately prior to the time of the loss or abandonment of the ship or the part of the ship.

"(3) The provisions of subsection (1) have effect in relation to a wreck that is a historic wreck despite anything contained in the Historic Shipwrecks Act1976 but, in respect of a wreck that is a historic wreck, the Authority must not exercise any of the powers referred to in that subsection unless in its opinion it is necessary to do so for the purposes of:

  (a) saving human life; or

  (b) securing the