6Application

6 Application

(1) This Order, other than Division 2, applies to a regulated Australian vessel.

(2) Divisions 2 and 19 apply to a foreign vessel.

(3) However:

(a) for a vessel mentioned in subsection (4), only the following provisions of this Order apply:

(i) section 11;

(ii) sections 28 and 29;

(iii) sections 36 and 37;

(iv) section 38, sections 42 to 44, sections 47 to 50;

(v) sections 52 and 53;

(vi) sections 54 and 55;

(vii) sections 59 to 63;

(viii) Division 12, other than section 67;

(ix) section 97; and

(b) section 24 only applies to a vessel mentioned in subsection (5).

(4) For paragraph (3)(a), the vessel must be a regulated Australian vessel:

(a) that:

(i) is in a NSCV service category class 1C, 1D, 1E, 2C, 2D, 2E, 3A, 3B, 3C, 3D, 3E, 4C, 4D or 4E as defined in section 3.5.1 of Part B of the NSCV; or

(ii) is certified to operate exclusively in areas where port limits apply or in the Great Barrier Reef Region; and

(b) on which the employment of the seafarers is subject to the Fair Work Act 2009.

(5) For paragraph (3)(b), the vessel must be:

(a) a regulated Australian vessel:

(i) that is registered on the Australian International Shipping Register; and

(ii) to which the Fair Work Act 2009 does not apply; or

(b) a foreign vessel to which the Fair Work Act 2009 does not apply.

(6) A vessel that was constructed before 21 August 2013 is taken to comply with Divisions 6, 7, 8, 9 and 10 and paragraph 61(1)(b) if it complies with:

(a) Marine Orders – Part 14: Accommodation, Issue 1 as in force on 30 June 2013; or

(b) Section C1 of the NSCV; or

(c) ILO Conventions No. 92 and 133.

Note Enabling legislation for Marine Orders — Part 14: Accommodation, Issue 1 was repealed by the Navigation (Consequential Amendments) Act 2012. The text of the Marine Order is available on the Federal Register of Legislation website at http://www.legislation.gov.au.

(7) For subsection (6), a vessel is taken to have been constructed when:

(a) the keel is laid; or

(b) construction identifiable with the vessel starts and the lesser of at least 50 tonnes, or 1% of the estimated mass of all structural material, of the vessel is assembled.