Document ID: chunk:federal_register_of_legislation:C2024C00748:section:4:p2
Version: federal_register_of_legislation:C2024C00748
Segment Type: section
Provision Reference: s 4 (pt 2/4)
Character Range: 6653–9252

is registered in Australia or flying the Australian flag.
Australian waters means:
 (a) the territorial sea of Australia and any sea that is on the landward side of the territorial sea of Australia, other than any part of the sea that is within the limits of a State or of the Northern Territory; or
 (b) the territorial sea of an external Territory and any sea that is on the landward side of that territorial sea; or
 (c) the exclusive economic zone adjacent to the coast of Australia or the coast of an external Territory; or
 (d) any other area of sea that is above the continental shelf of Australia or above the continental shelf of an external Territory.
and includes any area of sea that is declared by the regulations to be included in Australian waters for the purposes of this Act.
Note: Section 4A can affect the scope of the definition of Australian waters.
coastal waters means:
 (a) in relation to a State—that part of the sea that is included in the coastal waters of the State within the meaning of the Coastal Waters (State Powers) Act 1980; or
 (b) in relation to the Northern Territory—that part of the sea that is included in the coastal waters of the Territory within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980.
controlled material means:
 (a) wastes or other matter (within the meaning of the Protocol); and
 (b) a vessel, aircraft or platform.
Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.
holder, in relation to a permit, means the person to whom the permit has been granted.
inspector means:
 (a) a person appointed as an inspector under section 26; or
 (b) a member of a police force, or an officer of Customs, who is an inspector by force of section 27.
offending craft, in relation to an offence against section 10F, means:
 (a) if the primary offence referred to in section 10F is an offence against section 10A—any vessel, aircraft or platform from which, or on which, the controlled material was dumped; or
 (b) if the primary offence referred to in section 10F is an offence against section 10B—the vessel or platform on which the controlled material was incinerated; or
 (c) if the primary offence referred to in section 10F is an offence against section 10C—the vessel, aircraft or platform on which the controlled material was loaded; or
 (d) 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