Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_7
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 49409–51485

7  Definition of domestic commercial vessel
 (1) In this Law:
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.
Note: Generally an Australian vessel will be a regulated Australian vessel if it voyages outside Australia's exclusive economic zone at any time. Regulated Australian vessels are dealt with by the Navigation Act 2012 of the Commonwealth rather than this Law.
 (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.