{"id":"F2017L00674","name":"Seafarers Rehabilitation and Compensation (Prescribed Ship — Intra-State Trade) Declaration 2017","slug":"seafarers-rehabilitation-and-compensation-prescribed-ship-intra-state-trade-declaration-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96452,"registerId":"commonwealth-F2017L00674-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Seafarers Rehabilitation and Compensation (Prescribed Ship — Intra-State Trade) Declaration 2017","content":"COMMONWEALTH OF AUSTRALIA\n\nSeafarers Rehabilitation and Compensation Act 1992\n\nSEAFARERS REHABILITATION AND COMPENSATION (PRESCRIBED SHIP — INTRA-STATE TRADE) DECLARATION 2017\n\nI, Michaelia Cash, Minister for Employment, pursuant to section 3A of the Seafarers Rehabilitation and Compensation Act 1992 (‘the Act’), hereby declare:\n\n    (1) That the Seafarers Rehabilitation and Compensation (Prescribed Ship – Intra-State Trade) Declaration 2015 (No. 2) (F2015L00858), registered on the Federal Register of Legislation on 22 June 2015, is repealed.\n\n    (2) That, subject to clause (3), a ship that would be covered by paragraph 10(c) of the Navigation Act 1912 and that would not be covered by paragraphs 10(a) or (b), if that Act had not been repealed, which is only engaged in intra-state trade is not a prescribed ship for the purposes of the Act.\n\n    (3) Clause (2) does not apply to a ship or vessel to which subsection 19(1A) of the Act applies.\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":3,"scope_assessment":{"changed":false,"description":"This declaration maintains the original scope of the 2015 declaration it replaces. It does not expand or contract the exemption beyond what was previously established — it simply re-enacts the same exclusion for intra-state trading ships with updated administrative details (registration date, instrument number)."},"complexity_factors":["Heavy reliance on external references — the declaration's operative clause (2) requires readers to understand paragraph 10(c) of the repealed Navigation Act 1912, forcing cross-referencing to a 105-year-old statute that no longer exists","Counterfactual conditional language — 'if that Act had not been repealed' creates a hypothetical legal test that requires historical knowledge of defunct legislation","Nested exception structure — clause (3) creates an exception to the exception, referring to subsection 19(1A) of the parent Act without explanation","Only 4 substantive clauses but dense with legislative archaeology — the entire meaning depends on understanding superseded classification systems for ships"],"plain_english_summary":"This 2017 ministerial declaration repeals a 2015 declaration and removes certain intra‑state coastal trading ships from the federal Seafarers Rehabilitation and Compensation Act 1992 — specifically vessels operating only within a single Australian state that would formerly have been classed as coastal trading under the old Navigation Act 1912. It affects seafarers and owners/operators of those vessels by removing access to federal workers’ compensation; injured workers must rely on state schemes or other remedies, creating a coverage gap between federal and state responsibility."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This declaration repeals the 2015 instrument and narrows the set of vessels treated as 'prescribed ships' under the Seafarers Rehabilitation and Compensation Act by excluding most intra‑state trade vessels, while retaining coverage for vessels caught by subsection 19(1A) of the Act. The result is a change in which vessels and parties fall within the Commonwealth scheme (cl.1–3)."},"complexity_factors":["Cross-references to other statutes (Navigation Act 1912 and Seafarers Rehabilitation and Compensation Act 1992) create dependence on external definitions and historical status of repealed material (cl.2).","Conditional wording that uses a hypothetical ('would be covered ... if that Act had not been repealed') increases interpretive difficulty (cl.2).","A specific carve-out preserves coverage where subsection 19(1A) of the Act applies, requiring application-level analysis to identify affected vessels (cl.3).","Repeal of an earlier declaration means comparison with, and replacement of, prior regulatory scope (cl.1).","Operational phrase 'only engaged in intra-state trade' requires factual assessment of a vessel's trading pattern to determine coverage."],"plain_english_summary":"This instrument repeals the 2015 declaration and declares that most vessels that would have fallen under paragraph 10(c) of the Navigation Act 1912 (but not 10(a) or (b)) and that operate only in intra‑state trade are not \"prescribed ships\" under the Seafarers Rehabilitation and Compensation Act 1992 (cl.1–2,4). Clause 3 preserves coverage where subsection 19(1A) of the Act applies. Mechanically, it narrows Commonwealth prescription and therefore changes which operators, crews and insurers fall inside the federal rehabilitation and compensation regime."}},"importantCases":[],"_links":{"self":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-intra-state-trade-declaration-2017","history":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-intra-state-trade-declaration-2017/history","analysis":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-intra-state-trade-declaration-2017/analysis","conflicts":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-intra-state-trade-declaration-2017/conflicts","importantCases":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-intra-state-trade-declaration-2017/important-cases","documents":"/api/acts/seafarers-rehabilitation-and-compensation-prescribed-ship-intra-state-trade-declaration-2017/documents"}}