Fair Work Amendment Regulations 2009 (No. 1) (Australia)

Fair Work Amendment Regulations 2009 (No. 1)

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Fair Work Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 164
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fair Work Act 2009.
Dated 29 June 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
MARK ARBIB
Minister for Employment Participation
Contents
                        1     Name of Regulations                                                        3
                        2     Commencement                                                              3
                        3     Amendment of Fair Work Regulations 2009                       3
                        4     Repeal of Fair Work (Oath and Affirmation) Regulations 2009 3
                        5     Amendment of Fair Work Regulations 2009                       3
Schedule 1             Amendments commencing on 1 July 2009                    4
Schedule 2             Amendments commencing on 1 January 2010            24

1              Name of Regulations
                These Regulations are the Fair Work Amendment Regulations 2009 (No. 1).
2              Commencement
                These Regulations commence as follows:
                 (a)     on 1 July 2009 — regulations 1 to 4 and Schedule 1;
                (b)     on 1 January 2010 — regulation 5 and Schedule 2.
3              Amendment of Fair Work Regulations 2009
                Schedule 1 amends the Fair Work Regulations 2009.
4              Repeal of Fair Work (Oath and Affirmation) Regulations 2009
         (1)   The Fair Work (Oath and Affirmation) Regulations 2009 are repealed.
         (2)   The repeal of those Regulations does not affect an oath sworn, or an affirmation made, in accordance with those Regulations before 1 July 2009.
5              Amendment of Fair Work Regulations 2009
                Schedule 2 amends the Fair Work Regulations 2009.
Schedule 1        Amendments commencing on 1 July 2009
(regulation 3)

[1]           Part 1-3, after Division 2
insert
Division 2A           Application of Act in a referring State
1.15A      State public sector employer
                For paragraph (d) of the definition of State public sector employer in section 30A of the Act, the following kinds of employers are specified:
                (a)    an employer:
                          (i)    that is a public entity within the meaning of the Public Administration Act 2004 of Victoria; and
                         (ii)    to which paragraphs (a), (b) and (c) of the definition of State public sector employer do not apply;
               (b)    an employer:
                          (i)    that is a special body within the meaning of the Public Administration Act 2004 of Victoria; and
                         (ii)    to which paragraphs (a), (b) and (c) of the definition of State public sector employer do not apply.
Division 3              Geographical application of the Act
1.15B     Definitions for Division 3
                In this Division:
innocent passage has the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
transit passage has the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
1.15D     Modification of application of Act — foreign ships engaged in innocent passage
                For section 32 of the Act, the Act does not apply in relation to:
                (a)    all the waters of the sea on the landward side of the outer limits of the territorial sea of Australia, including such waters within the limits of a State or Territory; and
               (b)    the Territory of Christmas Island; and
                (c)    the Territory of Cocos (Keeling) Islands;
to the extent to which its application would be inconsistent with a right of innocent passage or transit passage being exercised by a foreign ship.
1.15F      Extension of Act beyond the exclusive economic zone and the continental shelf
         (1)   For subsection 34 (3) of the Act, the Act is extended to:
                (a)    an Australian employer; and
               (b)    an Australian-based employee;
in relation to the Australian Antarctic Territory.
         (2)   For subsection 34 (3) of the Act, the provisions of the Act mentioned in the following table, and the rest of the Act so far as it relates to those provisions, are extended to:
                (a)    an Australian employer in relation to the employer’s Australian-based employees; and
               (b)    an Australian-based employee in relation to the employee’s employer if the same enterprise agreement applies to both of them;
in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Item
Provision of the Act

1
Part 2-1 — core provisions for Chapter 2

2
Part 2-2 — the National Employment Standards

3
Part 2-3 — modern awards

4
Part 2-6 — minimum wages

5
Part 2-7 — equal remuneration

6
Part 2-8 — transfer of business

7
Part 2-9 — other terms and conditions of employment

         (3)   For subsection 34 (3) of the Act, the provisions of the Act mentioned in the following table, and the rest of the Act so far as it relates to those provisions, are extended to:
                (a)    an Australian employer in relation to the employer’s Australian-based employees; and
               (b)    an Australian-based employee in relation to the employee’s employer;
in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Item
Provision of the Act

1
Part 2-1 — core provisions for Chapter 2

2
Part 2-4 — enterprise agreements

3
Part 2-5 — workplace determinations

4
Part 3-3 — industrial action

         (4)   For subsection 34 (3) of the Act, Part 3-1 of the Act, and the rest of the Act so far as it relates to that Part, are extended to:
                (a)    an Australian employer; and
               (b)    an Australian-based employee;
in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Note   Part 3-1 of the Act relates to general protections.
         (5)   For subsection 34 (3) of the Act, Part 3-2 of the Act, and the rest of the Act so far as it relates to that Part, are extended to an Australian-based employee in relation to the employee’s Australian employer in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Note   Part 3-2 of the Act relates to unfair dismissal.
         (6)   For subsection 34 (3) of the Act, Part 3-5 of the Act, and the rest of the Act so far as it relates to that Part, are extended to an Australian employer in relation to the employer’s Australian-based employees in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Note 1   Part 3-5 of the Act relates to stand down.
Note 2   Provisions of the Act that are specified as extending beyond the exclusive economic zone and the continental shelf (including provisions relating to compliance and enforcement, administration and right of entry by reason of the extension of the rest of the Act, so far as it relates to the specified provisions) are subject to:
(a)   Australia's international obligations relating to foreign ships; and
(b)   the concurrent jurisdiction of a foreign State.
[2]           Subregulation 3.13 (7), at the foot
insert
Note   Subregulation (7) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[3]           Subregulation 3.13 (8), at the foot
insert
Note   Subregulation (8) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[4]           Subregulation 3.19 (10), at the foot
insert
Note   Subregulation (10) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[5]           Regulation 3.31, including the note
substitute
3.31        Records — form
         (1)   For subsection 535 (1) of the Act, an employee record made and kept by an employer for this Subdivision must be of the following kind:
                (a)    a record in a legible form and in the English language;
               (b)    a record in a form that is readily accessible to an inspector.
Note   Subsection 535 (1) of the Act is a civil remedy provision. Section 558 of the Act and Division 4 of Part 4-1 of the Act deal with infringement notices relating to alleged contraventions of civil remedy provisions.
         (2)   For section 796 of the Act, an employee record made and kept by an employer for this Subdivision must be of the following kind:
                (a)    a record in a legible form and in the English language;
               (b)    a record in a form that is readily accessible to an inspector.
Note   Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[6]           Subregulation 3.41 (2), at the foot
insert
Note   Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[7]           Subregulation 3.41 (4), at the foot
insert
Note   Subregulation (4) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[8]           Subregulation 3.41 (5), at the foot
insert
Note   Subregulation (5) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[9]           Subregulation 3.41 (6), at the foot
insert
Note   Subregulation (6) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[10]         Subregulation 3.42 (1), at the foot
insert
Note   Subregulation (1) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[11]         Subregulation 3.42 (2), at the foot
insert
Note   Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[12]         Subregulation 3.42 (3), at the foot
insert
Note   Subregulation (3) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[13]         Subregulation 3.42 (4), note
substitute
Note 1   Subregulation (4) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
Note 2   Under the Act, an inspector is also permitted to inspect and copy an employee record for the purposes of the Act. The inspector may also require the production of the employee record.
[14]         Subregulation 3.43 (1), at the foot
insert
Note   Subregulation (1) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[15]         Subregulation 3.44 (1), at the foot
insert
Note   Subregulation (1) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[16]         Subregulation 3.44 (2), at the foot
insert
Note   Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[17]         Subregulation 3.44 (3), at the foot
insert
Note   Subregulation (3) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[18]         Subregulation 3.44 (4), at the foot
insert
Note   Subregulation (4) is a civil remedy provision to which Part 4-1 applies. Division 4 of Part 4-1 deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[19]         Subregulation 3.44 (5)
omit
other person
insert
another person
[20]         Subregulation 3.44 (5), at the foot
insert
Note   Subregulation (5) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[21]         Subregulation 3.44 (6), at the foot
insert
Note   Subregulation (6) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.
[22]         Part 4-1, before Division 3
insert
Division 2              Orders
4.01A      Applications for orders in relation to contraventions of civil remedy provisions
         (1)   For subsection 539 (3) of the Act, a provision referred to in an item of the table in subregulation (2) is a civil remedy provision.
         (2)   For each civil remedy provision in an item of the table, the table sets out:
                (a)    the persons who would be referred to in column 2 of the table in subsection 539 (2) of the Act if there were an item for the civil remedy provision in that table; and
               (b)    the Courts that would be referred to in column 3 of that table; and
                (c)    the maximum penalty that would be referred to in column 4 of that table.
Item
Civil remedy provision
Persons
Courts
Maximum penalty

1
subregulation 3.13 (7)
An applicant for the protected action ballot order
The protected action ballot agent
An employee organisation
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

2
subregulation 3.13 (8)
An applicant for the protected action ballot order
The protected action ballot agent
An employee organisation
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

3
subregulation 3.19 (10)
The protected action ballot agent
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

4
subregulation 3.31 (2)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

5
subregulation 3.41 (2)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

6
subregulation 3.41 (4)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

7
subregulation 3.41 (5)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

8
subregulation 3.41 (6)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

9
subregulation 3.42 (1)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

10
subregulation 3.42 (2)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

11
subregulation 3.42 (3)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

12
subregulation 3.42 (4)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

13
subregulation 3.43 (1)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

14
subregulation 3.44 (1)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

15
subregulation 3.44 (2)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

16
subregulation 3.44 (3)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

17
subregulation 3.44 (4)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

18
subregulation 3.44 (5)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

19
subregulation 3.44 (6)
An employee
An inspector
Federal Court
Federal Magistrates Court
An eligible State or Territory Court
20 penalty units

[23]         Regulation 4.03, definition of civil remedy provision
substitute
civil remedy provision means a civil remedy provision in:
                (a)    item 29 of the table in subsection 539 (2) of the Act; or
               (b)    items 4 to 19 of the table in subregulation 4.01A (2).
[24]         Before regulation 4.04
insert in Division 4
4.03A      Course of conduct
                For paragraph 557 (2) (s) of the Act, each civil remedy provision mentioned in items 4 to 19 of the table in subregulation 4.01A (2) is prescribed.
[25]         Regulation 5.01
omit
For subparagraph 625 (2) (i)
insert
         (1)   For paragraph 625 (2) (i)
[26]         Regulation 5.01
insert
         (2)   For paragraph 625 (2) (i) of the Act, each of the following functions is a prescribed function:
                (a)    being satisfied under subregulation 3.02 (7) that a person making an application to FWA under section 365 of the Act will suffer serious hardship if the person is required to pay the fee for the application;
               (b)    being satisfied under subregulation 3.03 (7) that a person making an application to FWA under section 372 of the Act will suffer serious hardship if the person is required to pay the fee for the application;
                (c)    being satisfied under subregulation 3.07 (7) that a person making an application to FWA under Division 5 of Part 3-2 of the Act will suffer serious hardship if the person is required to pay the fee for the application;
               (d)    being satisfied under subregulation 6.05 (7) that a person making an application to FWA under subsection 773 (2) of the Act will suffer serious hardship if the person is required to pay the fee for the application.
[27]         Paragraph 5.04 (1) (b)
after
Part 2
insert
of
[28]         Paragraph 6.08 (1) (c)
omit
1910.
insert
1910;
[29]         After paragraph 6.08 (1) (c)
insert
               (d)    the Members of Parliament (Staff) Act 1984.
[30]         Schedule 5.2, Part 1, after item 1
insert
1A          Modern awards

1A.1
The number of determinations varying modern awards made in a quarter under item 5 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1A.2
The number of determinations varying modern awards made in a quarter under item 7 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1A.3
The number of applications for take-home pay orders made in a quarter under item 9 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1A.4
The number of take-home pay orders made in a quarter under item 9 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1B           Modern enterprise awards

1B.1
The number of applications for modern enterprise awards made in a quarter under item 4 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1B.2
The number of modern enterprise awards made in a quarter under item 4 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1B.3
The number of applications for FWA to terminate enterprise instruments made in a quarter under item 5 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1B.4
The number of terminations of enterprise instruments made in a quarter under item 5 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1B.5
The number of variations of instruments made in a quarter under item 9 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1B.6
The number of terminations of instruments made in a quarter under item 9 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1B.7
The number of applications for take-home pay orders made in a quarter under item 12 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

1B.8
The number of take-home pay orders made in a quarter under item 12 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

[31]         Schedule 5.2, Part 1, item 2.6
omit
The number of enterprise agreements
insert
The number of variations of enterprise agreements
[32]         Schedule 5.2, Part 1, item 2.7
omit
section 211
insert
section 217
[33]         Schedule 5.2, Part 1, item 11.6
omit
[34]         Schedule 5.2, Part 1, after item 13
insert
13A        Registered organisations

13A.1
The number of applications for registration made in a quarter under section 18A, 18B or 18C of Schedule 1 to the Fair Work (Registered Organisations) Act 2009 by:
   (a) an employer association; or
   (b) an employee association; or
   (c) an enterprise association
as soon as practicable after the end of the quarter

13A.2
The number of applications for orders made in a quarter under section 133 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009
as soon as practicable after the end of the quarter

13A.3
The number of orders made in a quarter under section 133 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009
as soon as practicable after the end of the quarter

13A.4
The number of applications for representation orders made in a quarter under section 137A of Schedule 1 to the Fair Work (Registered Organisations) Act 2009
as soon as practicable after the end of the quarter

13A.5
The number of representation orders made in a quarter under section 137A of Schedule 1 to the Fair Work (Registered Organisations) Act 2009
as soon as practicable after the end of the quarter

13A.6
The number of:
   (a) applications for recognition made in a quarter under clause 1 of Schedule 2 to the Fair Work (Registered Organisations) Act 2009; and
   (b) applications for orders cancelling recognition made in a quarter under clause 3 of that Schedule
as soon as practicable after the end of the quarter

13A.7
The number of applications for recognition granted in a quarter under clause 1 of Schedule 2 to the Fair Work (Registered Organisations) Act 2009
as soon as practicable after the end of the quarter

13A.8
The number of orders cancelling recognition made in a quarter under clause 3 of Schedule 2 to the Fair Work (Registered Organisations) Act 2009
as soon as practicable after the end of the quarter

13B        Transitional instruments

13B.1
The number of applications for conditional terminations made in a quarter under item 18 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

13B.2
The number of conditional terminations made in a quarter under item 18 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the quarter

[35]         Schedule 5.2, Part 1, item 14.4
omit
For a list
insert
For each application in a list
[36]         Schedule 5.2, Part 1, after item 14
insert
14A        Transitional instruments

14A.1
A list of determinations made in a week under item 14 of Schedule 9 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, including:
   (a) the names of the applicants; and
   (b) the names of the relevant modern awards
as soon as practicable after the end of the week

14A.2
The number of determinations made in a week under item 14 of Schedule 9 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
as soon as practicable after the end of the week

[37]         Schedule 5.2, Part 1, after item 15
insert
16           Transitional instruments

16.1
For a pre-reform agreement that has been varied under Part 3 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, a copy of the varied agreement and the order varying the agreement
as soon as practicable, but not later than 21 days after the day on which the order was made

16.2
For each transitional instrument that has been terminated under item 15 or 16 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009:
   (a) a copy of the approval or termination; and
   (b) the date on which the termination took effect or will take effect
as soon as practicable, but not later than 21 days after the day on which the transitional instrument was terminated

[38]         Schedule 5.2, Part 2, item 3.12
omit
For a list
insert
For each application in a list
[39]         Schedule 6.3, item 5, column 3
omit

The Minister administering the Members of Parliament (Staff) Act 1984
Insert

The Minister administering the Members of Parliament (Staff) Act 1984
Each person empowered under the Members of Parliament (Staff) Act 1984 to employ persons
Schedule 2        Amendments commencing on 1 January 2010
(regulation 5)
[1]           Regulation 1.15B, after definition of innocent passage
insert
licensed ship means a ship:
                (a)    to which a licence has been granted under section 288 of the Navigation Act 1912, and
               (b)    for which the licence is in force, and
                (c)    which is operating under the licence.
majority Australian-crewed ship means a ship (other than an Australian ship, a licensed ship or a permit ship) of which:
                (a)    the majority of the crew are residents of Australia; and
               (b)    the operator:
                          (i)    is a resident of Australia; or
                         (ii)    has its principal place of business in Australia, or
                         (iii)    is incorporated in Australia.
permit ship means a ship:
                (a)    to which a permit has been granted under section 286 of the Navigation Act 1912 for a single voyage or as a continuing permit; and
               (b)    for which the permit is in force; and
                (c)    which is operating under the permit.
[2]           After regulation 1.15B
insert
1.15C     Meanings of Australian employer and Australian-based employee
                For paragraph 35 (1) (g) of the Act, the employer of a person who is a member of the crew performing duties on a majority Australian-crewed ship is prescribed as an Australian employer.
[3]           After regulation 1.15D
insert
1.15E      Extension of Act to the exclusive economic zone and the continental shelf — ships
                For subsection 33 (3) of the Act, the Act is extended to and in relation to:
                (a)    a licensed ship in the exclusive economic zone or the waters above the continental shelf; and
               (b)    a permit ship in the exclusive economic zone or the waters above the continental shelf; and
                (c)    a majority Australian-crewed ship in the exclusive economic zone or the waters above the continental shelf.
Note   The extension of this Act to licensed ships, permit ships and majority Australian-crewed ships in the exclusive economic zone and the continental shelf (including provisions relating to compliance and enforcement, administration and right of entry by reason of the extension of the rest of the Act, so far as it relates to the specified provisions) is subject to:
(a)   Australia’s international obligations relating to foreign ships; and
(b)   the concurrent jurisdiction of a foreign State.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.