{"id":"F2017L00673","name":"Occupational Health and Safety (Maritime Industry) (Prescribed Ship or Unit — Intra-State Trade) Declaration 2017","slug":"f2017l00673","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317478,"registerId":"commonwealth-F2017L00673-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Occupational Health and Safety (Maritime Industry) (Prescribed Ship or Unit — Intra-State Trade) Declaration 2017","content":"COmmonwealth of Australia\n\nOccupational Health and Safety (Maritime Industry) Act 1993\n\nOccupational Health and Safety (Maritime Industry) (Prescribed Ship or Unit — Intra-State Trade) Declaration 2017\n\nI, Michaelia Cash, Minister for Employment, pursuant to sections 4A and 4B of the Occupational Health and Safety (Maritime Industry) Act 1993 (‘the Act’), hereby declare:\n\n(1) That the Occupational Health and Safety (Maritime Industry) (Prescribed Ship or Unit — Intra-State Trade) Declaration 2015 (No. 2) (F2015L00863) registered on the Federal Register of Legislation on 22 June 2015, is repealed.\n\n(2) That, subject to clause (3), a ship or a vessel which is only engaged in intra-state trade is not a prescribed ship or a prescribed unit for the purposes of the Act.\n\n(3) Clause (2) does not apply to any ship or vessel to which subsections 6(3) or 6(3A) of the Act apply.\n\n(4) This declaration takes effect on the day after it is registered on the Federal Register of Legislation.\n\nMichaelia Cash\n\nMinister for Employment\n\nDated 12 June 2017","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration maintains the original scope of the 1993 Act by continuing the long-standing policy of excluding purely intra-state vessels from federal maritime OHS jurisdiction. It is a routine re-enactment that repeals and replaces the 2015 declaration without expanding or altering the underlying regulatory approach."},"complexity_factors":["Very short instrument (4 operative clauses plus preamble)","Only 2 defined concepts referenced externally ('prescribed ship', 'prescribed unit' defined in parent Act)","Single cross-reference to parent Act (sections 6(3) and 6(3A))","Simple conditional structure: general exemption in clause (2) with single exception in clause (3)","No nested exceptions or complex definitional provisions","Straightforward commencement provision (day after registration)"],"plain_english_summary":"This is a short legal instrument made by the Minister for Employment in 2017 that changes which ships and vessels are covered by Australia's maritime workplace safety laws.\n\n**What it does:**\n- **Repeals (cancels)** an earlier 2015 declaration that had similar rules\n- **Exempts ships that only trade within one state** from the federal Occupational Health and Safety (Maritime Industry) Act 1993\n\n**Key terms explained:**\n- **Intra-state trade**: Operating only within the borders of a single Australian state or territory (not crossing state lines or going overseas)\n- **Prescribed ship/unit**: A vessel that is officially covered by the Act's safety rules\n\n**Important exception:**\nThe exemption does **not** apply to ships covered by special rules in sections 6(3) and 6(3A) of the Act. These sections typically cover certain offshore vessels and mobile offshore drilling units that must follow federal safety laws regardless of where they operate.\n\n**Who it affects:**\n- Ship operators running purely intra-state services (ferries, tugboats, barges, etc. that don't leave their home state)\n- Workers on those vessels (who would instead be covered by state/territory workplace safety laws)\n- Maritime safety regulators\n\n**Why it matters:**\nThis declaration prevents 'double regulation' — ships that only operate within one state don't have to comply with both federal AND state safety laws. They just follow their state's rules. This simplifies compliance for local maritime businesses while keeping federal oversight for vessels that operate across state borders or in specific offshore industries."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This declaration repeals the 2015 declaration (clause (1)) and narrows the class of vessels that are \"prescribed ships or prescribed units\" under the Occupational Health and Safety (Maritime Industry) Act 1993 by excluding ships or vessels that are only engaged in intra‑state trade (clause (2)). An exception preserves prescription for vessels to which subsections 6(3) or 6(3A) apply (clause (3)). The change therefore reduces the Act's coverage of intra‑state‑only vessels subject to the stated exception and takes effect the day after registration (clause (4))."},"complexity_factors":["Cross‑references to multiple provisions of the parent Act (sections 4A, 4B, 6(3), 6(3A)) increase legal interdependence and require consultation of the Act to understand full effect (instrument header; clause (3)).","The rule turns on the factual status 'only engaged in intra‑state trade', which can be fact‑specific and may require administrative or judicial interpretation (clause (2)).","A narrow exception preserves coverage for ships caught by subsections 6(3) or 6(3A), producing edge cases and a two‑tier coverage rule (clause (3)).","The instrument repeals a prior declaration, creating a need to check transitional or historical positions to see what changed in practice (clause (1)).","Ministerial declaratory power is the source of change, concentrating discretion in a single executive decision that interacts with statutory text (instrument header)."],"plain_english_summary":"The Minister has re‑made a declaration under the Occupational Health and Safety (Maritime Industry) Act that repeals the 2015 declaration and narrows which vessels are \"prescribed ships or units\": vessels engaged solely in intra‑state trade are excluded, except for those falling within subsections 6(3) or 6(3A). It takes effect the day after registration. Primary impact: owners/operators of intra‑state‑only vessels cease to be covered by the Commonwealth prescription (and its attached duties/requirements)."}},"importantCases":[],"_links":{"self":"/api/acts/f2017l00673","history":"/api/acts/f2017l00673/history","analysis":"/api/acts/f2017l00673/analysis","conflicts":"/api/acts/f2017l00673/conflicts","importantCases":"/api/acts/f2017l00673/important-cases","documents":"/api/acts/f2017l00673/documents"}}