the territorial sea of Australia; and

the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory.

commencement, in relation to a proceeding, has the meaning given by subsection (2).

costs and expenses, in relation to the Marshal, has the meaning given by subsection (5).

entering appearance has the meaning given by subsection (4).

Federal Court means the Federal Court of Australia.

foreign ship means a ship that is not registered, and is not permitted to be registered, under the Shipping Registration Act 1981.

freight includes passage money and hire.

goods, in relation to a ship, has the meaning given by subsection (3).

hovercraft means an air-cushion vehicle, or a similar vehicle, used wholly or principally in navigation by water.

initiating process includes a third party notice.

inland waters means waters within other than waters of the sea.

inland waterways vessel means a vessel used or intended to be used wholly on inland waters.

Liability Convention means:

the Civil Liability Convention;

the Limitation Convention; or

any other international convention that is in force in relation to Australia and makes provision with respect to the limitation of liability in relation to maritime claims.

Limitation Convention has the meaning given to the expression Convention by subsection 3(1) of the Limitation of Liability for Maritime Claims Act 1989.

limitation proceeding means a proceeding under: section 25 of this Act; (b) Limitation of Liability for Maritime Claims Act 1989; orsection 9 of the (c) Protection of the Sea (Civil Liability) Act 1981.section 10 of the maritime claim, general maritime claim and proprietary maritime claim have the meanings given by section 4.

section 25 of this Act;

(b) Limitation of Liability for Maritime Claims Act 1989; orsection 9 of the

(c) Protection of the Sea (Civil Liability) Act 1981.section 10 of the

maritime claim, general maritime claim and proprietary maritime claim have the meanings given by section 4.

master means a person who has command or charge of the ship.

member of the crew means a person employed or engaged in any capacity on board the ship on the business of the ship, other than: the master of the ship; a person who has the conduct of the ship as the pilot of the ship; or a person temporarily employed on the ship in port.

the master of the ship;

a person who has the conduct of the ship as the pilot of the ship; or

a person temporarily employed on the ship in port.

mortgage includes a hypothecation or pledge of, and a charge on, the ship or share, whether at law or in equity and whether arising under the law in force in a part of or elsewhere.

off-shore industry fixed structure means a structure (including a pipeline) that: is fixed to the seabed and is not able to move or be moved as a structure from one place to another; and is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the mineral and other non-living resources of: the continental shelf of Australia; or the seabed of the coastal sea of Australia or the subsoil of that seabed.

is fixed to the seabed and is not able to move or be moved as a structure from one place to another; and

is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the mineral and other non-living resources of:

the continental shelf of Australia; or

the seabed of the coastal sea of Australia or the subsoil of that seabed.

off-shore industry mobile unit means:

a vessel, or a structure other than a vessel that is able to float or be floated and to move or be moved as a structure from one place to another, that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the mineral and other non-living resources of:

the continental shelf of Australia; or

the seabed of the coastal sea of Australia or the subsoil of that seabed;

by drilling, or by obtaining substantial quantities of material from, the seabed or its subsoil, with equipment that is on or forms part of the vessel or structure; or

a barge or similar vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off-shore industry fixed structures.

relevant person means a person who would be liable on the claim in a proceeding commenced as an action in personam.

sea includes all waters within the ebb and flow of the tide.

ship means a vessel of any kind used or constructed for use in navigation by water, however it is propelled or moved, and includes: a barge, lighter or other floating vessel; a hovercraft; an off-shore industry mobile unit; and a vessel that has sunk or is stranded and the remains of such a vessel; but does not include: a seaplane; an inland waterways vessel; or a vessel under construction that has not been launched.

a barge, lighter or other floating vessel;

a hovercraft;

an off-shore industry mobile unit; and

a vessel that has sunk or is stranded and the remains of such a vessel;

but does not include:

a seaplane;

an inland waterways vessel; or

a vessel under construction that has not been launched.

surrogate ship has the meaning given by subsection (6).

this Act includes the regulations and the Rules made under this Act.

a proceeding on a maritime claim may be commenced against a ship under a provision of this Act (other than section 19); and

under section 19, a proceeding on the claim may be commenced against some other ship;

the other ship is, in relation to the claim, a surrogate ship.

a claim relating to:

possession of a ship;

title to, or ownership of, a ship or a share in a ship;

a mortgage of a ship or of a share in a ship; or

a mortgage of a ship’s freight;

a claim between co-owners of a ship relating to the possession, ownership, operation or earnings of the ship;

(c) a claim for the satisfaction or enforcement of a judgment given by a court (including a court of a foreign country) against a ship or other property in a proceeding in rem in the nature of a proceeding in Admiralty; or

a claim for interest in respect of a claim referred to in paragraph (a), (b) or (c).

a claim for damage done by a ship (whether by collision or otherwise); or

(b) a claim in respect of the liability of the owner of a ship arising under Protection of the Sea (Civil Liability) Act 1981 or under a law of a State or Territory that makes provision as mentioned in subsection 7(1) of that Act; orPart II or IV of the

a claim under:

(i) the applied provisions (within the meaning of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008); or

a law of a State or Territory of a kind referred to in subsection 10(1) of that Act; or

a claim for loss of life, or for personal injury, sustained in consequence of a defect in a ship or in the apparel or equipment of a ship; or

a claim (including a claim for loss of life or personal injury) arising out of an act or omission of:

the owner or charterer of a ship;

a person in possession or control of a ship; or

a person for whose wrongful acts or omissions the owner, charterer or person in possession or control of a ship is liable;

being an act or omission in the navigation or management of the ship, including an act or omission in connection with:

the loading of goods on to, or the unloading of goods from, the ship;

the embarkation of persons on to, or the disembarkation of persons from, the ship; and

the carriage of goods or persons on the ship; or

a claim for loss of, or damage to, goods carried by a ship; or

a claim arising out of an agreement that relates to the carriage of goods or persons by a ship or to the use or hire of a ship, whether by charterparty or otherwise; or

a claim relating to salvage (including life salvage and salvage of cargo or wreck found on land); or

a claim in respect of general average; or

a claim in respect of towage of a ship; or

a claim in respect of pilotage of a ship; or

a claim in respect of goods, materials or services (including stevedoring and lighterage services) supplied or to be supplied to a ship for its operation or maintenance; or

a claim in respect of the construction of a ship (including such a claim relating to a vessel before it was launched); or

a claim in respect of the alteration, repair or equipping of a ship; or

a claim in respect of a liability for port, harbour, canal or light tolls, charges or dues, or tolls, charges or dues of a similar kind, in relation to a ship; or

(q) a claim in respect of a levy in relation to a ship, including a shipping levy imposed by the Protection of the Sea (Shipping Levy) Act 1981, being a levy in relation to which a power to detain the ship is conferred by a law in force in Australia or in a part of Australia; or

a claim by a master, shipper, charterer or agent in respect of disbursements on account of a ship; or

a claim for an insurance premium, or for a mutual insurance call, in relation to a ship; or

a claim by a master, or a member of the crew, of a ship for:

wages; or

an amount that a person, as employer, is under an obligation to pay to a person as employee, whether the obligation arose out of the contract of employment or by operation of law, including the operation of the law of a foreign country; or

(u) a claim for the enforcement of, or a claim arising out of, an arbitral award (including a foreign award within the meaning of the International Arbitration Act 1974) made in respect of a proprietary maritime claim or a claim referred to in one of the preceding paragraphs; or

a claim for interest in respect of a claim referred to in one of the preceding paragraphs.

all ships, irrespective of the places of residence or domicile of their owners; and

all maritime claims, wherever arising.

in respect of an inland waterways vessel; or

in respect of the use or intended use of a ship on inland waters.

(a) a proceeding to be commenced as an action in rem against a government ship or government property; or

the arrest, detention or sale of a government ship or government property.

(a) order that the proceeding be treated as though it were a proceeding commenced as an action in personam on the claim against a person specified as defendant in the order; and

make such consequential orders as are necessary.

on a maritime claim; or

on a claim for damage done to a ship.

salvage;

damage done by a ship;

wages of the master, or of a member of the crew, of a ship; or

master’s disbursements.

was invalidly arrested and has been released from arrest; or

was unlawfully removed from the custody of the Marshal and the Marshal has not regained custody of the ship.

a person has a claim that is both:

a claim on a maritime lien or other charge; and

a general maritime claim;

in respect of a ship; and

the person has commenced a proceeding under section 19 against a surrogate ship;

subsection (3) does not prevent the arrest of the first-mentioned ship in a proceeding on the maritime lien or other charge if the amount recovered by the person in the proceeding commenced under section 19 is less than the amount of the claim on the maritime lien or other charge.

(a) initiating process in a proceeding commenced as an action in rem in the Federal Court may be served on a ship or other property; and

a ship or other property may be arrested in such a proceeding;

at any place within , including a place within the limits of the territorial sea of .

if, at a time when the process was effective for service, the ship or property was within the locality within which the court may exercise jurisdiction—at any place within Australia, including a place within the limits of the territorial sea of Australia; or

in any case—at any place within the State or Territory, including a place within the limits of the territorial sea of that is adjacent to the State or Territory.

determine whether the applicant’s liability may be so limited and, if it may be so limited, determine the limit of that liability;

order the constitution of a limitation fund for the payment of claims in respect of which the applicant is entitled to limit his or her liability; and

make such orders as are just with respect to the administration and distribution of that fund.

the proceeding had been commenced in that court;

the same or similar steps in the proceeding had been taken in that court as were taken in the first court; and

the orders and directions made by the first court in the proceeding had been made by the second court.

the Federal Circuit and Family Court of Australia (Division 2); or

a court of a State; or

if service of the initiating process was effected on the ship or property in a Territory—a court of that Territory;

being a court that would have had jurisdiction in respect of the proceeding if:

(c) the proceeding had been commenced in that court as an action in personam; and

service of initiating process in that proceeding had been effected within the locality within which that court may exercise jurisdiction.

(a) the proceeding had been commenced in that court as an action in personam; and

service of initiating process in that proceeding had been effected in that Territory.

the proceeding had been commenced in that court;

the same or similar steps in the proceeding had been taken in the second court as were taken in the first court; and

the orders and directions made by the first court in the proceeding had been made by the second court.

a right of appeal that a party to the proceeding has; or

the power of a court to stay execution pending an appeal.

it appears to the court in which a proceeding commenced under this Act is pending that the proceeding should be stayed or dismissed on the ground that the claim concerned should be determined by arbitration (whether in Australia or elsewhere) or by a court of a foreign country; and

a ship or other property is under arrest in the proceeding;

the court may order that the proceeding be stayed on condition that the ship or property be retained by the court as security for the satisfaction of any award or judgment that may be made in the arbitration or in a proceeding in the court of the foreign country.

with respect to the institution or prosecution of the arbitration or proceeding in the court of the foreign country; and

that equivalent security be provided for the satisfaction of any award or judgment that may be made in the arbitration or in the proceeding in the court of the foreign country.

the ship or property; or

the rights of a party or of a person interested in the ship or property.

a ship or other property is under arrest in a proceeding;

an award or judgment as mentioned in subsection (1) has been made in favour of a party; and

apart from this section, the award or judgment is enforceable in ;

then, in addition to any other proceeding that may be taken by the party to enforce the award or judgment, the party may apply to the court in the stayed proceeding for an appropriate order in relation to the ship or property to give effect to the award or judgment.

a proceeding has been transferred or remitted under the preceding provisions of this Part; and

a ship or other property is under arrest in the proceeding.

may deal with the ship or property as though it were under arrest in a proceeding that had not been so transferred or remitted; and

may make such orders as are necessary or convenient for transferring the custody of the ship or property to the court to which the proceeding has been so transferred or remitted.

a party unreasonably and without good cause:

demands excessive security in relation to the proceeding; or

obtains the arrest of a ship or other property under this Act; or

a party or other person unreasonably and without good cause fails to give a consent required under this Act for the release from arrest of a ship or other property;

the party or person is liable in damages to a party to the proceeding, or to a person who has an interest in the ship or property, being a party or person who has suffered loss or damage as a direct result.

a proceeding in respect of a general maritime claim concerning a ship has been commenced under this Act against a surrogate ship; or

in relation to a proceeding commenced under this Act concerning a ship, a surrogate ship has been arrested;

the order in which general maritime claims against both the ships shall be paid out of the proceeds of the sale of the surrogate ship shall be determined as if all the claims were general maritime claims against the surrogate ship.

a law other than this Act (including a law of a State or Territory) confers on a person a power to detain a ship in relation to a civil claim; and

(b) a proceeding on the civil claim may be commenced as an action in rem against the ship.

the limitation period that would have been applicable in relation to the claim if a proceeding on the claim had been brought otherwise than under this Act; or

if no proceeding on the claim could have been so brought—a period of 3 years after the cause of action arose.

but for this subsection, a court would not have power to extend a limitation period in respect of a maritime claim or a claim of a particular kind on a maritime lien or other charge; and

the court has power to extend a limitation period in respect of a claim of the same kind;

then, by force of this subsection, the court has power, exercisable in the same way, and in the same kinds of circumstances, as the power referred to in paragraph (b), to extend the period fixed by subsection (1) in respect of maritime claims, or claims on maritime liens or other charges, of a kind referred to in that subsection.

in the case of a court of a State—the court is invested with the jurisdiction within the limits of the jurisdiction of that court as to the amount claimed and as to remedies, but not otherwise; and

in the case of a court of a Territory—the jurisdiction is conferred on the court only so far as the Constitution permits and within the limits of the jurisdiction of that court as to the amount claimed, as to locality and as to remedies, but not otherwise.

pleading;

parties;

appearance;

the service and execution of process;

bail;

caveats against arrest or release of ships and other property;

the arrest, custody and sale of ships and other property;

the furnishing of security;

the forms to be used;

records and registers and inspections of those records and registers;

limitation proceedings, including:

the parties to those proceedings; and

the operation of determinations made in those proceedings;

evidence; and

enforcement and satisfaction of judgments of courts in matters under this Act.

if the defendant is a natural person—a fine of $1,000; or

if the defendant is a corporation—a fine of $5,000.

as if a reference to a legislative instrument (other than in subparagraph 14(1)(a)(ii) and subsection 14(3) of that Act) were a reference to the Rules; and

subject to such further modifications or adaptations of that Act (other than the provisions of Part 2 of Chapter 3 of that Act or any other provisions whose modification or adaptation would affect the operation of that Part) as are prescribed by the regulations for the purposes of this paragraph.