Commonwealth legislation

Seafarers Rehabilitation and Compensation (Prescribed Ship—Norfolk Island) Declaration 2016

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

This declaration, made by the Minister under the Seafarers Rehabilitation and Compensation Act 1992, excludes certain vessels linked to Norfolk Island from being “prescribed ships”. It targets ships identified by navigation‑act categories and by crew residency or Norfolk Island‑based operation.

Effect: from 1 July 2016 those ships are not subject to the Act’s rehabilitation and compensation obligations. That shifts potential liability away from the scheme for affected vessels and changes compliance and compensation access for operators and crew.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Seafarers Rehabilitation and Compensation (Prescribed Ship—Norfolk Island) Declaration 2016.

Seafarers Rehabilitation and Compensation (Prescribed Ship—Norfolk Island) Declaration 2016

COmmonwealth of Australia

Seafarers Rehabilitation and Compensation Act 1992

Seafarers rehabilitation and compensation (Prescribed Ship — Norfolk Island) Declaration 2016

I, Michaelia Cash, Minister for Employment, pursuant to section 3A of the Seafarers Rehabilitation and Compensation Act 1992 (‘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which is not a ship to which paragraphs 10(a) or (b) of the Navigation Act 1912 would apply if that Act had not been repealed; and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 19(1AA) or (1A) 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(c) which is a ship to which paragraph 10(c) of the Navigation Act 1912 would apply if that Act had not been repealed; and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
(C) a company that is incorporated, or 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 Seafarers Rehabilitation and Compensation (Prescribed Ship—Norfolk Island) Declaration 2016