Document ID: chunk:federal_register_of_legislation:F2018L01300:reg:6
Version: federal_register_of_legislation:F2018L01300
Segment Type: reg
Provision Reference: reg 6
Character Range: 2393–4678

6  Exempt ships
 (1) For the purposes of the definition of exempt ship in section 3 of the Act, the following are declared to be exempt ships:
 (a) a ship owned or operated by a foreign country, other than a ship being used in trade or carrying goods under freight or charter;
 (b) a ship belonging to the Australian Defence Force;
 (c) a ship belonging to, or requisitioned or chartered by, the Commonwealth;
 (d) a ship that is property of any kind belonging to a State;
 (e) any other ship being used for the purposes of a State or Territory, or an authority of a State or Territory, other than a ship being used in trade or carrying goods under freight or charter;
 (f) a ship only being used in fishing or searching for, or taking, sedentary organisms within the meaning of the Fisheries Management Act 1991;
 (g) a ship only being used in attending upon a ship covered by paragraph (f);
 (h) a ship, other than a tug, that:
 (i) is only carrying ballast; and
 (ii) arrives at an Australian port for a purpose not involving loading cargo or taking on passengers;
 (i) a recreational vessel within the meaning of the Navigation Act 2012;
 (j) a ship that is less than 24 metres in tonnage length;
 (k) a ship only being used for a charitable purpose (see Part 3 of the Charities Act 2013);
 (l) a ship only being used in laying or repairing submarine cables;
 (m) a hospital ship, other than a ship being used in trade or carrying goods under freight or charter;
 (n) a sailing ship with a tonnage (within the meaning of the Levy Act) of less than 500 tons.
 (2) In this instrument:
property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
tonnage length, of a ship, means the length of the ship for the purposes of the International Convention on Load Lines, done at London on 5 April 1966, as amended and in force for Australia on 1 October 2018.
Note: The Convention is in Australian Treaty Series 1968 No. 23 ([1968] ATS 23) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
 (3) For the purposes of paragraph (1)(d), assume that a reference in section 114 of the Constitution to a State includes a reference to the Australian Capital Territory and the Northern Territory.