19Application of Act

#### 19 Application of Act (1) This Act applies to the employment of employees on a prescribed ship that is engaged in trade or commerce: (a) between Australia and places outside Australia; or (aa) between 2 places outside Australia; or (b) among the States; or (c) within a Territory, between a State and a Territory or between 2 Territories. > Note: This Act does not apply if a prescribed ship is a ship registered in the Australian International Shipping Register, see paragraph 61AA(b) of the Shipping Registration Act 1981. (1AA) This Act also applies to the employment of employees on: (a) a vessel that is used to engage in coastal trading under a general licence; or (b) 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. (1A) This Act also applies to the employment of employees on any prescribed ship that: (a) would be an off‑shore industry vessel within the meaning of the Navigation Act 1912 if that Act had not been repealed and either: (i) was, immediately before the repeal of that Act, covered by a declaration in force under subsection 8A(2) of that Act; or (ii) is covered by a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 (1C) of this section; or (b) would be a trading ship within the meaning of the Navigation Act 1912 if that Act had not been repealed and either: (i) was, immediately before the repeal of that Act, covered by a declaration in force under subsection 8AA(2) of that Act; or (ii) is covered by a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 (1C) of this section. (1B) However, this Act does not apply because of subsection (1A) to a prescribed ship that is covered by a declaration in force under subsection (1D). (1C) The Authority may declare in writing that this Act applies to a prescribed 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an off‑shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed. (1D) The Authority may declare in writing that this Act does not apply because of subsection (1A) to a prescribed 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an off‑shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed. (1E) A declaration made under subsection (1C) or (1D) is not a legislative instrument. (2) This Act also has the effect it would have if: (a) a reference to an employer 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 employed by a trading corporation formed within the limits of the Commonwealth. (3) This Act also has the effect it would have if: (a) a reference to an employer 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 employed by a financial corporation formed within the limits of the Commonwealth. (4) This Act also has the effect it would have if: (a) a reference to an employer were limited to a reference to a foreign corporation; and (b) a reference to an employee were limited to a reference to an employee employed by a foreign corporation. (5) Subsection (3) does not have the effect of applying this Act 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.