Commonwealth legislation

Seafarers Rehabilitation and Compensation (Prescribed Ship — Intra-State Trade) Declaration 2015

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

What it does: This declaration removes federal workers' compensation coverage for certain ships that only operate within a single state or territory (intra-state trade).

Who it affects: Seafarers working on vessels that:

Only conduct trade within one state or territory (not crossing into other states or overseas)
Would have been classified under specific exemptions in the old Navigation Act 1912 (paragraphs 10(b) or (c)) but not under the main interstate trading provisions (paragraph 10(a))

Why it matters: The Seafarers Rehabilitation and Compensation Act 1992 provides workers' compensation (injury and illness payments) to seafarers on "prescribed ships." This declaration states that qualifying intra-state vessels are not "prescribed ships," meaning their crews must claim under state or territory workers' compensation schemes instead of the federal one.

Duration: The declaration was temporary and automatically expired two years after taking effect.

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Current sections

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Seafarers Rehabilitation and Compensation (Prescribed Ship — Intra-State Trade) Declaration 2015

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COmmonwealth of Australia

Seafarers Rehabilitation and Compensation Act 1992

Seafarers rehabilitation and compensation (Prescribed Ship — Intra-State Trade) Declaration 2015

I, Eric Abetz, Minister for Employment, pursuant to section 3A of the Seafarers Rehabilitation and Compensation Act 1992 (‘the Act’), hereby declare:

1) That a ship that would be covered by paragraph 10(b) or (c) of the Navigation Act 1912 and that would not be covered by paragraph 10(a), if that Act had not been amended, which is only engaged in intra-state trade is not a prescribed ship for the purposes of the Act.

2) This declaration takes effect on the day after it is registered on the Federal Register of Legislative Instruments.

3) This declaration will sunset two years after the date on which it takes effect.

ERIC ABETZ

Dated 19 March 2015

Source text

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