{"id":"F2016L00750","name":"Occupational Health and Safety (Maritime Industry) (Prescribed Ship—Norfolk Island) Declaration 2016","slug":"occupational-health-and-safety-maritime-industry-prescribed-ship-norfolk-island-declaration-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129305,"registerId":"commonwealth-F2016L00750-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Occupational Health and Safety (Maritime Industry) (Prescribed Ship—Norfolk Island) Declaration 2016","content":"COmmonwealth of Australia\n\nOccupational Health and Safety (Maritime Industry) Act 1993\n\nOccupational Health and Safety (Maritime Industry) (Prescribed Ship — Norfolk Island) Declaration 2016)\n\nI, Michaelia Cash, Minister for Employment, pursuant to section 4A of the Occupational Health and Safety (Maritime Industry) Act 1993 (‘the Act’), hereby declare:\n\n(1) That a ship:\n\n(a) which is not a ship to which paragraphs 10(a) or (b) of the Navigation Act 1912 would apply if that Act had not been repealed; and\n\n(b) which is not a ship to which subsections 6(3) or (3A) of the Act applies; and\n\n(c) which is a ship to which paragraph 10(c) of the Navigation Act 1912 would apply if that Act had not been repealed; and\n\n(d) either:\n\n(i) of which the majority of the crew are residents of Norfolk Island; or\n\n(ii) which is operated by any of the following (whether or not in association with any other person, firm or company, being a person, firm or company of any description), namely:\n\n(A) a person who is a resident of, or has his or her principal place of business in, Norfolk Island;\n\n(B) a firm that has its principal place of business in Norfolk Island; or\n\n(C) a company that is incorporated, or has its principal place of business, in Norfolk Island; or\n\n(iii) to which both (i) and (ii) apply;\n\nis not a prescribed ship.\n\n(2) This declaration takes effect on 1 July 2016.\n\n    (3) In this declaration:\n    Norfolk Island means the Territory of Norfolk Island, as described in Schedule 1 to the Norfolk Island Act 1979.\n\nMICHAELIA CASH\n\nDated: 3 May 2016","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard, narrow declaration made under specific empowering provision (section 4A). It performs exactly the function intended by the parent Act — allowing the Minister to declare which ships are or are not 'prescribed ships' for the purposes of the OHS Maritime regime. The scope remains tightly confined to the Norfolk Island exemption."},"complexity_factors":["Multiple nested conditions in subparagraphs (1)(a)-(d) requiring cross-referencing to repealed legislation (Navigation Act 1912)","Reference to repealed Act provisions (paragraphs 10(a), (b), (c) of Navigation Act 1912) which are not defined in the instrument itself","Complex disjunctive/conjunctive logic in paragraph (1)(d) with three alternative tests (crew residency, operator location, or both)","Cross-reference to subsections 6(3) and 3A of the parent Act without explanation of their content","Only one defined term ('Norfolk Island') but heavy reliance on external statutory references"],"plain_english_summary":"This declaration excludes certain Norfolk Island–connected vessels from the federal Occupational Health and Safety (Maritime Industry) Act 1993, so those ships aren’t treated as “prescribed ships” under that law. It chiefly affects Norfolk Island–based operators and their crews.\n\nThat change shifts regulatory responsibility away from the Commonwealth for those vessels, creating an alternative legal regime (likely local law or other arrangements) and reflecting Norfolk Island’s distinct governance status—important for regulators and seafarers to note."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This declaration narrows the statutory scope of what counts as a \"prescribed ship\" under the Occupational Health and Safety (Maritime Industry) Act 1993 by declaring that ships meeting the criteria in clause (1) (including majority Norfolk Island crew or Norfolk Island‑based operators) are not prescribed ships. It therefore removes those vessels from the Act’s prescribed‑ship regime effective 1 July 2016 (see (1)–(3))."},"complexity_factors":["Short, single‑purpose instrument but relies on multiple external legal references (increases interpretive steps): references to section 4A of the Act (instrument's power) and to subsections 6(3) and (3A) of the Act (see declaration (1) and heading).","Cross‑references to the repealed Navigation Act 1912 (paragraphs 10(a)–(c)) require historical statutory mapping to determine coverage (see (1)(a) and (1)(c)).","Conditional, multi‑branch exclusion logic in clause (1)(d) with alternatives (i)–(iii) creates conjunctive/disjunctive interpretation points about when the exclusion applies.","Definition dependency: Norfolk Island defined by reference to Schedule 1 of the Norfolk Island Act 1979 (see (3)), requiring consultation of another instrument for geographic scope.","Temporal effect: specified commencement date (1 July 2016) requires attention to transitional timing and any intervening regulatory steps (see (2))."],"plain_english_summary":"Mechanically, this declaration (made under s4A of the Occupational Health and Safety (Maritime Industry) Act 1993) says specified Norfolk Island vessels are not \"prescribed ships\" under that Act. It excludes ships meeting cross‑referenced criteria—including where the majority of crew are Norfolk Island residents or the operator is Norfolk Island‑based—and takes effect 1 July 2016. That change alters which operators and crews are within the Act’s prescribed‑ship regime, shifting who bears compliance obligations and which vessels attract statutory oversight."}},"importantCases":[],"_links":{"self":"/api/acts/occupational-health-and-safety-maritime-industry-prescribed-ship-norfolk-island-declaration-2016","history":"/api/acts/occupational-health-and-safety-maritime-industry-prescribed-ship-norfolk-island-declaration-2016/history","analysis":"/api/acts/occupational-health-and-safety-maritime-industry-prescribed-ship-norfolk-island-declaration-2016/analysis","conflicts":"/api/acts/occupational-health-and-safety-maritime-industry-prescribed-ship-norfolk-island-declaration-2016/conflicts","importantCases":"/api/acts/occupational-health-and-safety-maritime-industry-prescribed-ship-norfolk-island-declaration-2016/important-cases","documents":"/api/acts/occupational-health-and-safety-maritime-industry-prescribed-ship-norfolk-island-declaration-2016/documents"}}