Commonwealth legislation

Occupational Health and Safety (Maritime Industry) (Prescribed Ship—Norfolk Island) Declaration 2016

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Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

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.

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Current sections

Direct links to the current provisions in Occupational Health and Safety (Maritime Industry) (Prescribed Ship—Norfolk Island) Declaration 2016.

Occupational Health and Safety (Maritime Industry) (Prescribed Ship—Norfolk Island) Declaration 2016

COmmonwealth of Australia

Occupational Health and Safety (Maritime Industry) Act 1993

Occupational Health and Safety (Maritime Industry) (Prescribed Ship — Norfolk Island) Declaration 2016)

I, Michaelia Cash, Minister for Employment, pursuant to section 4A of the Occupational Health and Safety (Maritime Industry) Act 1993 (‘the Act’), hereby declare:

(1) That a ship:

(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which is not a ship to which paragraphs 10(a) or (b) of the Navigation Act 1912 would apply if that Act had not been repealed; and

(b) which is not a ship to which subsections 6(3) or (3A) of the Act applies; and

(c) which is a ship to which paragraph 10(c) of the Navigation Act 1912 would apply if that Act had not been repealed; and

(d) either:

(i) of which the majority of the crew are residents of Norfolk Island; or

(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:

(A) a person who is a resident of, or has his or her principal place of business in, Norfolk Island;

(B) a firm that has its principal place of business in Norfolk Island; or

(iii) to which both (i) and (ii) apply;

is not a prescribed ship.

(2) This declaration takes effect on 1 July 2016.

(3) In this declaration:
Norfolk Island means the Territory of Norfolk Island, as described in Schedule 1 to the Norfolk Island Act 1979.

MICHAELIA CASH

Dated: 3 May 2016

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Occupational Health and Safety (Maritime Industry) (Prescribed Ship—Norfolk Island) Declaration 2016