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Seafarers Rehabilitation and Compensation and Other Legislation Amendment Bill 2015

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2013-2014-2015

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Seafarers Rehabilitation and Compensation and Other Legislation Amendment Bill 2015

 

 

( 1 )     Clause  2 , page 2 (after table item  3 ), insert:

3A.  Schedule 1A

The day after this Act receives the Royal Assent.

 

[constitutional coverage]

( 2 )     Schedule  1 , heading, page 3 (line 1) , omit “ Constitutional coverage ”, substitute “ Initial constitutional coverage ”.

[constitutional coverage]

( 3 )     Schedule  1 , item  2 , page 3 (lines 13 and 14) , to be opposed .

[constitutional coverage]

( 4 )     Schedule  1 , item  5 , page 4 (line 20) , omit “ subitem (2) ”, substitute “ subitems (2) and (3) ”.

[application of amendments]

( 5 )     Schedule  1 , item  5 , page 4 (after line 29) , at the end of the item, add:

(3)       The amendments made by this Part do not apply in relation to an injury, or in relation to loss or damage, if:

                     (a)  notice of the injury, or of the accident that resulted in the loss or damage, was given under section 62 of that Act before the day the Bill that became this Act was introduced into the House of Representatives; and

                     (b)  the notice was intended to be a notice for the purposes of that section; and

                     (c)  no claim or application for State compensation (within the meaning of section 139 of that Act) has been made, or purportedly made, in relation to the injury, loss or damage.

[application of amendments]

(6)     Schedule  1 , item 7, page 6 (lines 4 and 5) , to be opposed .

[constitutional coverage]

(7)     Page 6 (after line 11) , after Schedule  1 , insert:

Schedule 1A Constitutional coverage from the day after this Act receives the Royal Assent

Part 1 Seafarers rehabilitation and compensation

Seafarers Rehabilitation and Compensation Act 1992

1  At the end of section 19

Add:

             (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.

2  Section 19A

Repeal the section.

3  Application of amendments

The amendments of the Seafarers Rehabilitation and Compensation Act 1992 made by this Part apply in relation to any injury, loss or damage suffered by an employee on or after the commencement of this item.

Part 2 Occupational health and safety

Occupational Health and Safety (Maritime Industry) Act 1993

4  At the end of section 6

Add:

             (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.

5  Application of amendments

The amendments made by this Part apply in relation to anything done on or after the commencement of this item.

[constitutional coverage]