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Chapter 1Introduction

Part 1-3Application of the Act

Division 3Geographical application of the Act

Regulation1.15C

temporary licence has the meaning given by subsection 6(1) of the Coastal Trading (Revitalising Australian Shipping) Act 2012.

temporary licensed ship means a ship:

(a) that is used to undertake a voyage authorised by a temporary licence; and

(b) to which one of the following applies:

(i) within 12 months before commencing the voyage, the ship commenced at least 2 other voyages authorised by a temporary licence;

(ii) within 12 months before commencing the voyage:

(A) the ship commenced at least one other voyage authorised by a temporary licence; and

(B) was issued with a single voyage permit;

(iii) within 12 months before commencing the voyage, the ship was issued with at least 2 single voyage permits;

(iv) within 15 months before commencing the voyage, the ship was issued with a continuous voyage permit.

transitional general licence means a licence issued under Division 1 of Part 4 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 following an application made under item 10 of Schedule 2 to the Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012.

transitional general licensed ship means a ship:

(a) in relation to which a transitional general licence has been issued and is in force; and

(b) which engages in coastal trading under the licence.

transit passagehas the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

WA government employer means a public sector body (within the meaning of the Public Sector Management Act 1994 (WA) as in force at the commencement of Schedule 1 to the Fair Work Amendment (Christmas Island and Cocos (Keeling) Islands) Regulations 2018). However, to avoid doubt, the Shire of Christmas Island and the Shire of Cocos (Keeling) Islands are not WA government employers.

1.15CMeanings 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.

1.15DModification of application of Act—ships engaged in innocent passage

For section 32 of the Act, the Act does not apply in relation to all the waters of the sea on the landward side of the outer limits of the territorial sea of Australia,

12

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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