(1) A person is a worker for the purposes of this Law if the person carries out work in any capacity for a person conducting a business or undertaking, including work as:
(a) an employee; or
(b) a contractor or subcontractor; or
(c) an employee of a contractor or subcontractor; or
(d) an employee of a labour hire company who has been assigned to work in the person’s business or undertaking; or
(e) an outworker; or
(f) an apprentice or trainee; or
(g) a student gaining work experience; or
(h) a volunteer; or
(i) a person of a class prescribed by the regulations.
(2) The person conducting the business or undertaking is also a worker for the purposes of this Law if the person is an individual who carries out work in that business or undertaking.
(3) Each of the following persons is also a worker for the purposes of this Law:
(a) a member (however described) of a police force of the Commonwealth, a State or a Territory;
(b) a member of the Australian Defence Force;
(c) a person who holds or is acting in an office established by a law of the Commonwealth, a State or a Territory;
(d) a person who constitutes, or is acting as the person constituting, a public authority;
(e) a person who is, or is acting as, a member or deputy member of a public authority;
(f) a person who is, or is acting as, a member or a deputy member of a body that:
(i) is established by or under a law of the Commonwealth, a State or a Territory establishing a public authority; and
(ii) is established for a purpose associated with the performance of the functions of the public authority;
(g) a person of a class specified in an instrument under subsection (4).
(4) The National Regulator may by legislative instrument specify a class of persons for the purposes of subsection (3)(g) only if persons of that class engage in activities or perform acts:
(a) at the request or direction of the Commonwealth, a State, a Territory or a public authority; or
(b) for the benefit of the Commonwealth, a State, a Territory or a public authority; or
(c) under a law of the Commonwealth, a State or a Territory.
8 Section 13 of the Marine Safety (Domestic Commercial Vessel) National Law
13 Offences relating to contraventions of section 12
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$300,000 or 5 years imprisonment, or both; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$600,000 or 5 years imprisonment, or both; or
(2) The prosecution bears the burden of proving that the person did not have a reasonable excuse for the act or omission.
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$150,000; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$300,000; or
(b) the act or omission contravenes section 12(1).
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$50,000; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$100,000; or
9 Section 15 of the Marine Safety (Domestic Commercial Vessel) National Law
15 Offences relating to contraventions of section 14
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$300,000 or 5 years imprisonment, or both; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$600,000 or 5 years imprisonment, or both; or
(2) The prosecution bears the burden of proving that the person did not have a reasonable excuse for the act or omission.
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$150,000; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$300,000; or
(b) the act or omission contravenes section 14.
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$50,000; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$100,000; or
10 Section 18 of the Marine Safety (Domestic Commercial Vessel) National Law
18 Offences relating to contraventions of section 16 or 17
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$300,000 or 5 years imprisonment, or both; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$600,000 or 5 years imprisonment, or both; or
(2) The prosecution bears the burden of proving that the person did not have a reasonable excuse for the act or omission.
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$150,000; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$300,000; or
(b) the act or omission contravenes section 16(1) or 17(1) or (2).
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$50,000; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$100,000; or
11 Section 20 of the Marine Safety (Domestic Commercial Vessel) National Law
20 Offences relating to contraventions of section 19
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$300,000 or 5 years imprisonment, or both; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$600,000 or 5 years imprisonment, or both.
(2) The prosecution bears the burden of proving that the person did not have a reasonable excuse for the act or omission.
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$150,000; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$300,000.
(b) the act or omission contravenes section 19(1), (2) or (3).
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$50,000; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$100,000.
12 Section 161 of the Marine Safety (Domestic Commercial Vessel) National Law
161 Offences relating to contraventions of conditions by accredited persons
(1) An accredited person commits an offence if:
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$300,000 or 5 years imprisonment, or both; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$600,000 or 5 years imprisonment, or both; or
(2) The prosecution bears the burden of proving that the person did not have a reasonable excuse for the act or omission.
(3) An accredited person commits an offence if:
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$150,000; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$300,000; or
(5) An accredited person commits an offence if:
(b) the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph.
(a) if the offence is committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$50,000; or
(b) if the offence is committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—$100,000; or
13 Application of amendments made by this Schedule
The amendments of Part 3 of the Marine Safety (Domestic Commercial Vessel) National Law made by this Schedule apply in relation to acts and omissions occurring on or after the commencement of this Schedule.
House of Representatives on 24 May 2012
Senate on 20 June 2012]
Annexure 3
Amendments to be made to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth
Marine Safety (Domestic Commercial Vessel) National Law Amendments Act 2013 of the Commonwealth
MARINE SAFETY (DOMESTIC COMMERCIAL VESSEL) NATIONAL LAW AMENDMENTS BILL 2013
The purpose of the Bill is to amend the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 to ensure that the Australian Maritime Safety Authority (AMSA) as the National Marine Safety Regulator (the National Regulator) is able to reimburse to the states and Northern Territory amounts collected for infringement notices.
The proposed amendments do not place any additional financial burden on the domestic commercial vessel industry.
REGULATION IMPACT STATEMENT
The proposed amendments do not place any additional regulatory burden on the domestic commercial vessel industry.
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Marine Safety (Domestic Commercial Vessel) National Law Amendment Bill 2013
This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill/Legislative Instrument
The purpose of the Bill is to amend the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the Act) to ensure that the Australian Maritime Safety Authority (AMSA) as the National Marine Safety Regulator (the National Regulator) is able to reimburse to the states and Northern Territory amounts collected for infringement notices.
This Bill does not engage any of the applicable rights or freedoms.
This Bill is compatible with human rights as it does not raise any human rights issues.
the Honourable Anthony Albanese, MP**
Clause 1: Short Title
This is a formal provision that specifies that the Act may be referred to as the Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2013 (the Act).
Clause 2: Commencement
This clause sets out when provisions in the Act will commence. Sections 1 to 3 and anything else in the Act not elsewhere covered by this table will commence on Royal Assent. Schedule 1 will commence on the later of Royal Assent, and immediately after section 3 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
The intention of the commencement is for the proposed amendments in the Bill to commence at the same time as the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the National Law Act) to ensure that the infringement notice framework operates in the way it was originally intended.
Clause 3: Schedule(s)
This clause provides that the National Law Act is amended as specified and set out in Schedule 1 to the Act.
SCHEDULE 1 – TECHNICAL AMENDMENTS
Item 1 -
Subsection 138(1) of Schedule 1 of the National Law Act will be amended to substitute the reference to the “Commonwealth” with “National Regulator”. The proposed amendment will allow for regulations to be made under section 138 of the National Law Act to enable an alleged offender to pay a penalty to the National Regulator as an alternative to prosecution.
Item 2 -
Subsection 162(3) of Schedule 1 of the National Law Act will be amended to substitute the reference to the “Commonwealth” with “National Regulator”. The proposed amendment will allow for regulations to be made under section 162 of the National Law to enable a person who is alleged to have contravened a provision of the regulations to pay a civil penalty to the National Regulation as an alternative to proceedings for a civil penalty.
Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2013
1 Short title 356
2 Commencement 356
3 Schedule(s) 357
Schedule 1—Technical amendments 358
Marine Safety (Domestic Commercial Vessel) National Law Act 2012 358
Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2012
No. 9, 2013
An Act to amend the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, and for related purposes
[Assented to 14 March 2013]
This Act may be cited as the Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2013.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 14 March 2013 |
| 2. Schedule 1 | The later of:<br>(a) the start of the day this Act receives the Royal Assent; and<br>(b) immediately after the commencement of section 3 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. | 1 July 2013<br>(paragraph (b) applies) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.