Commonwealth Numbered Acts

HISTORIC SHIPWRECKS ACT 1976 No. 190 of 1976 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''Australia'' includes the external Territories;

''Australia-Netherlands Agreement'' means the Agreement between the
Netherlands and Australia Concerning Old Dutch Shipwrecks that was signed on 6
November 1972, being the agreement a copy of the text of which is set out in
Schedule 1;

''Australian waters'' means the territorial sea of Australia and waters of the
sea (not being waters within the limits of a State) on the landward side of
the territorial sea of Australia;

''continental shelf'' has the same meaning as in the Seas and Submerged  Lands
Act 1973 ;

''Dutch relic'' means an article mentioned in Article 1 or 2 of the
Australia-Netherlands Agreement;

''Dutch shipwreck'' means-

   (a)  a wrecked vessel mentioned in Schedule 2; or

   (b)  any other wrecked vessel mentioned in Article 1 of the
        Australia-Netherlands Agreement (including any such vessel that is no
        longer lying on or off the coast of the State of Western Australia as
        mentioned in that Article);

''historic relic'' means-

   (a)  an article in respect of which a notice in force under sub-section 5
        (2) (including that sub-section as having effect by virtue of
        sub-section 5 (3) ) is applicable;

   (b)  a Dutch relic; or

   (c)  an article in respect of which a notice in force under sub-section 6
        (2) (including that sub-section as having effect by virtue of
        sub-section 6 (3) ) is applicable;

''historic shipwreck'' means-

   (a)  the remains of a ship in respect of which a notice in force under
        sub-section 5 (1) (including that sub-section as having effect by
        virtue of sub-section 5 (3) ) is applicable;

   (b)  a Dutch shipwreck; or

   (c)  an article or articles in respect of which a notice in force under
        sub-section 6 (1) (including that sub-section as having effect by
        virtue of sub-section 6 (3) ) is applicable;

''inspector'' means a person appointed as an inspector under section 22 or a
member of the Commonwealth Police Force or of the Police Force of a State or
Territory;

''offence against this Act'' includes-

   (a)  an offence against the regulations;

   (b)  an offence against this Act that is deemed to have been committed by
        virtue of section 5 of the Crimes Act 1914; and

   (c)  an offence against section 7 or 7A of the Crimes Act 1914 in relation
        to this Act;

''protected zone'' means an area in respect of which a notice is in force
under sub-section 7 (1) and any area by which the first-mentioned area is
extended by a notice that is in force under sub-section 7 (2) and includes the
airspace above such an area and any waters, sea-bed and subsoil included in
such an area by virtue of sub-section 7 (3);

''Register'' means the Register of Historic Shipwrecks kept under section  12
;

''relevant agreement'' means an agreement entered into between Australia and
another country or countries in relation to the remains of a ship or ships or
in relation to articles associated with a ship or ships, being remains or
articles declared in the agreement to be of historic significance;

''sea'' includes any waters within the ebb and flow of the tide;

''ship'' includes any vessel used in navigation by water.

(2) A reference in this Act to the remains of a ship, or to an article or
articles, being situated in, or having been removed from, any waters includes
a reference to the remains of a ship or to an article or articles-

   (a)  being situated in or forming part of, or having been removed from, as
        the case may be, the sea-bed, or the subsoil of the sea-bed, beneath
        those waters; or

   (b)  being situated on or forming part of, or having been removed from, as
        the case may be, a reef in those waters.

(3) A thing shall not be taken not to be an article for the purposes of this
Act by reason that it is attached to the remains of a ship, to a reef or, to
the subsoil of, the sea-bed.

(4) A reference in this Act to an article associated with a ship shall be
construed as a reference to an article that appears to have formed part of, to
have been installed or carried on, or to have been constructed or used by a
person associated with, a ship.