Document ID: chunk:federal_register_of_legislation:F2024C00974:reg:10
Version: federal_register_of_legislation:F2024C00974
Segment Type: reg
Provision Reference: reg 10
Character Range: 12971–14853

10  Definition of domestic commercial vessel—things that are not domestic commercial vessels
 (1) For paragraph 7(5)(b) of the National Law, a vessel is not a domestic commercial vessel:
 (a) if it would, but for this section, be a domestic commercial vessel only because:
 (i) it is sponsored during a sporting event; or
 (ii) it is being used for a promotional activity, including an activity to produce an advertisement, or as part of a film set; or
 (iii) a person is paid to operate the vessel or to be a member of the crew of the vessel; or
 (iv) a person (the trainee) pays another person to train the trainee in the trainee's vessel; or
 (b) if it is under the control or management of a dealer in the course of that person's business as a dealer; or
 (ba) if it is:
 (i) owned by an agency of the government of a State or Territory; and
 (ii) used by a primary or secondary school for curricular or extra‑curricular activities for students of a primary or secondary school; or
 (c) subject to subsection (2), if it is owned by:
 (i) the Australian Institute of Sport; or
 (ii) the NSW Institute of Sport; or
 (iii) the Victorian Institute of Sport; or
 (iv) the Queensland Academy of Sport; or
 (v) the South Australian Sports Institute; or
 (vi) the Tasmanian Institute of Sport; or
 (vii) the Western Australian Institute of Sport; or
 (viii) the Northern Territory Institute of Sport; or
 (ix) the ACT Academy of Sports.
Note: The vessel may still be subject to waterways management requirements of a State or Territory.
 (2) Paragraph (1)(c) does not apply to a vessel owned by a body mentioned in the paragraph if:
 (a) the vessel is undertaking an activity in which it is hired or chartered to a person who is not a student or a member of the body; or
 (b) the vessel is being used to train a person, for consideration, who is not a student or a member of the body.