Meaning of agent
8 Meaning of agent
(1) An agent of a ship owner is the person who, for or on behalf of the owner:
makes an arrangement for berthing the ship; or
(b) makes an arrangement for loading or unloading cargo on or from the ship; or
(c) makes an arrangement for the carriage of cargo on or from the ship; or
makes an arrangement for the ship to load bunkers or stores; or
(e) performs any other function in relation to the ship's husbandry; or
(f) makes an arrangement for, or in connection with, repairs of the ship; or
(g) performs any other function in relation to the ship under this Act.
(2) An arrangement made or function performed under subsection (1) is made or performed for a ship that:
is on a voyage that is intended to enter the Territory; or
is in the Territory; or
is on a voyage that is intended to leave the Territory; or
discharges a pollutant to which section 9 applies.
(3) An arrangement made or function performed for a ship mentioned in subsection (2)(a) or (c) includes any arrangement made or function performed that is preparatory to the voyage.
Subject to this section, a person is the agent of a ship owner:
(a) for the duration of the ship's voyage to enter the Territory, including any preparatory period for the voyage; or
for the time the ship is in the Territory; or
(c) for the duration of the ship's voyage to leave the Territory, including any period of the voyage that takes place outside coastal waters.
(5) The person or the ship owner may give the Chief Executive Officer written notice that:
the person is no longer the ship owner's agent; or
(b) the person will not be the ship owner's agent by a time specified in the notice.
A notice given under subsection (5) by the person must:
be in the approved form; and
(b) include evidence that the person is no longer the ship owner's agent or will not be the ship owner's agent by the time specified; and
(c) if the person's appointment as the ship owner's agent expired – specify the date for which the person's appointment expired; and
(d) if known to the person – specify the person who is or will be appointed to be the ship owner's agent after the person's appointment expired or expires.
A notice given under subsection (5) by the ship owner must:
be in the approved form; and
(b) specify the person who is or will be appointed to be the ship owner's agent after the agent's appointment expired or expires.
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