6Application of Act

#### 6 Application of Act (1) This Act applies in relation to a prescribed ship or prescribed unit that is engaged in trade or commerce: (a) between Australia and places outside Australia; or (aa) between 2 places outside Australia; or (b) between the States; or (c) within a Territory, between a State and a Territory or between 2 Territories. (2) Without limiting the operation of subsection (1), this Act applies to: (a) the operator of a prescribed ship or prescribed unit described in subsection (1); and (b) employees employed on a prescribed ship or prescribed unit described in subsection (1); and (c) contractors and other persons working on a prescribed ship or prescribed unit described in subsection (1); and (d) manufacturers, suppliers and importers of plant used, or substances used or handled, on a prescribed ship or prescribed unit described in subsection (1). (3) This Act also applies in relation to: (a) a vessel that would be an off‑shore industry vessel within the meaning of the Navigation Act 1912 if that Act had not been repealed and either: (i) was, immediately before the repeal of that Act, covered by a declaration in force under subsection 8A(2) of that Act; or (ii) is covered by a declaration in force under subsection (3AB) of this section; or (b) a ship that would be a trading ship within the meaning of the Navigation Act 1912 if that Act had not been repealed and either: (i) was, immediately before the repeal of that Act, covered by a declaration in force under subsection 8AA(2) of that Act; or (ii) is covered by a declaration in force under subsection (3AB) of this section. (3AA) However, this Act does not apply because of subsection (3) to a vessel or ship that is covered by a declaration in force under subsection (3AC). (3AB) The Authority may declare in writing that this Act applies to a vessel or ship that would be an off‑shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed. (3AC) The Authority may declare in writing that this Act does not apply because of subsection (3) to a vessel or ship that would be an off‑shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed. (3AD) A declaration made under subsection (3AB) or (3AC) is not a legislative instrument. (3A) This Act also applies to: (a) a vessel that is used to engage in coastal trading under a general licence; and (b) a vessel that is used to engage in coastal trading under a temporary licence if the vessel is registered in the Australian International Shipping Register; and (c) a vessel that is used to engage in coastal trading under an emergency licence if the vessel is registered in the Australian General Shipping Register or the Australian International Shipping Register. (4) Without limiting the operation of subsection (3) or (3A), this Act applies to: (a) the operator of a vessel or ship described in subsection (3) or (3A); and (b) employees employed on a vessel or ship described in subsection (3) or (3A); and (c) contractors and other persons working on a vessel or ship described in subsection (3) or (3A); and (d) manufacturers, suppliers and importers of plant used, or substances used or handled on, a vessel or ship described in subsection (3) or (3A). (5) Without prejudice to its effect apart from this subsection, this Act also has effect as provided by subsections (6), (7) and (8). (6) This Act has, by force of this subsection, the effect it would have if: (a) a reference to an operator were limited to a reference to a trading corporation formed within the limits of the Commonwealth; and (b) a reference to an employee were limited to a reference to an employee of a trading corporation formed within the limits of the Commonwealth; and (c) a reference to a contractor were limited to a reference to a contractor working for a trading corporation formed within the limits of the Commonwealth; and (d) a reference to a manufacturer were limited to a reference to a manufacturer that is a trading corporation formed within the limits of the Commonwealth; and (e) a reference to a supplier were limited to a reference to a supplier that is a trading corporation formed within the limits of the Commonwealth; and (f) a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a trading corporation formed within the limits of the Commonwealth. (7) This Act has, by force of this subsection, the effect it would have if: (a) a reference to an operator were limited to a reference to a financial corporation formed within the limits of the Commonwealth; and (b) a reference to an employee were limited to a reference to an employee of a financial corporation formed within the limits of the Commonwealth; and (c) a reference to a contractor were limited to a reference to a contractor working for a financial corporation formed within the limits of the Commonwealth; and (d) a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a financial corporation formed within the limits of the Commonwealth. (8) This Act has, by force of this subsection, the effect it would have if: (a) a reference to an operator were limited to a reference to a foreign corporation; and (b) a reference to an employee were limited to a reference to an employee of a foreign corporation; and (c) a reference to a contractor were limited to a reference to a contractor working for a foreign corporation; and (d) a reference to a manufacturer were limited to a reference to a manufacturer that is a foreign corporation; and (e) a reference to a supplier were limited to a reference to a supplier that is a foreign corporation; and (f) a reference to a person in sections 22, 23 and 24 were limited to a reference to a person working for a foreign corporation. (9) This Act does not apply with respect to: (a) State banking that does not extend beyond the limits of the State concerned; or (b) State insurance that does not so extend.