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IntroductionChapter 1 Application of the ActPart 1-3

Geographical application of the ActDivision 3

Regulation1.15DA

including such waters within the limits of a State or Territory to the extent to which its application would be inconsistent with a right of innocent passage or transit passage being exercised by a ship other than:

(a) an emergency licensed ship; or

(b) a general licensed ship; or

(c) a temporary licensed ship; or

(d) a transitional general licensed ship; or

(e) a majority Australian-crewed ship.

1.15DA Modification of application of Act—Christmas Island and Cocos (Keeling) Islands

For the purposes of section 32 of the Act, the Act applies in relation to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if:

(a) paragraph 14(1)(f) of the Act did not apply to the extent it would make a WA government employer a national system employer; and

(b) Part 3-1 of the Act did not apply to action taken in the Territory by or in relation to:

(i) a WA government employer that would be a national system employer but for paragraph (a); or

(ii) an individual so far as he or she is employed, or usually employed, by a WA government employer mentioned in subparagraph (i); and

(c) paragraph 789FD(3)(b) of the Act did not apply to a business or undertaking conducted in the Territory by a WA government employer.

Note 1: Paragraph (a) does not prevent provisions of the Act applying in relation to a WA government employer as a non-national system employer (see for example Parts 6-3 and 6-4 of the Act).

Note 2: Paragraph (c) does not prevent Part 6-4B of the Act applying in relation to a business or undertaking conducted by a WA government employer that is a constitutional corporation: see subparagraph 789FD(3)(a)(i) of the Act.

1.15EExtension of Act to the exclusive economic zone and the continental shelf— ships

(1) For subsection 33(3) of the Act, the Act is extended to and in relation to each of the following ships in the exclusive economic zone or the waters above the continental shelf:

(a) an emergency licensed ship;

(b) a general licensed ship;

(c) a temporary licensed ship;

(d) a transitional general licensed ship.

(2) For subsection 33(3) of the Act, the Act is extended to and in relation to a majority Australian-crewed ship in the exclusive economic zone or the waters above the continental shelf.

Note: The extension of this Act to emergency licensed ships, general licensed ships, temporary licensed ships, transitional general licensed ships and majority

Fair Work Regulations 2009

Compilation date: 11/09/2021

13

Compilation No. 36

Registered: 19/10/2021

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