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Maritime Legislation Amendment Bill 2000
Schedule 3 Seafarers Rehabilitation and Compensation Act 1992

   

1  Section 3

Insert:

Australian fishing vessel has a meaning affected by section 3E.

2  Section 3

Insert:

coasting trade has the meaning given by section 3B.

3  Section 3

Insert:

fish has a meaning affected by section 3E.

4  Section 3

Insert:

fishing fleet support vessel has the meaning given by section 3E.

5  Section 3

Insert:

fishing operations has the meaning given by section 3E.

6  Section 3

Insert:

fishing vessel has the meaning given by section 3E.

7  Section 3

Insert:

gross tonnage has a meaning affected by section 3D.

8  Section 3

Insert:

harbour means a harbour properly so called, whether natural or artificial, and includes an estuary, navigable river, creek, channel, haven, roadstead, dock, pier, jetty or other work in or at which ships can obtain shelter or ship and unship goods or passengers.

9  Section 3

Insert:

inland waterways vessel means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly in waters other than waters of the sea, but does not include a Government ship.

10  Section 3

Insert:

inter-State voyage has the meaning given by section 3C.

11  Section 3

Insert:

intra-State voyage has the meaning given by section 3C.

12  Section 3

Insert:

master means a person having command or charge of a ship.

13  Section 3

Insert:

off-shore industry mobile unit has the meaning given by section 3G.

14  Section 3

Insert:

overseas voyage has the meaning given by section 3C.

15  Section 3

Insert:

passenger means a person carried on board a ship with the knowledge or consent of the owner, charterer, agent or master of the ship, not being:

                     (a)  a person employed or engaged in any capacity on board the ship on the business of the ship; or

                     (b)  a person on board the ship in pursuance of an obligation imposed on the master by any law (including a law of a country other than Australia) to assist shipwrecked, distressed or other persons or by reason of circumstances that could not have been prevented or forestalled by the owner, charterer, agent or master of the ship; or

                     (c)  a child under the age of one year.

16  Section 3

Insert:

pilot means a person who does not belong to, but has the conduct of, a ship.

17  Section 3

Insert:

pleasure craft means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly for recreational or sporting activities (whether or not let, or intended to be let, for hire or reward or consideration of any kind), but does not include a Government ship or an inland waterways vessel.

18  Section 3

Insert:

port includes place and harbour.

19  Section 3 (definition of prescribed ship )

Repeal the definition, substitute:

prescribed ship has the meaning given by section 3A.

20  Section 3

Insert:

registered has the meaning given by section 3F.

21  Section 3

Insert:

ship means any kind of vessel used in navigation by water, however propelled or moved, and includes:

                     (a)  a barge, lighter or other floating vessel; and

                     (b)  an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water; and

                     (c)  an off-shore industry mobile unit;

but does not include an off-shore industry mobile unit that is not self-propelled.

22  After section 3

Insert:

3A   Meaning of prescribed ship

             (1)  A ship is a prescribed ship if:

                     (a)  the ship is registered, or required to be registered, in Australia; or

                     (b)  the ship is not registered in Australia but is engaged in the coasting trade; or

                     (c)  the ship is not registered in Australia or engaged in the coasting trade but the majority of the crew of the ship are residents of Australia and the ship 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):

                              (i)  a person who is a resident of, or has his or her principal place of business in, Australia;

                             (ii)  a firm that has its principal place of business in Australia;

                            (iii)  a company that is incorporated, or has its principal place of business, in Australia.

             (2)  However, a ship is not a prescribed ship if the ship is:

                     (a)  a Government ship; or

                     (b)  an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or

                     (c)  a fishing fleet support vessel proceeding on a voyage other than an overseas voyage; or

                     (d)  an inland waterways vessel; or

                     (e)  a pleasure craft; or

                      (f)  a barge, lighter or other floating vessel that is not self-propelled; or

                     (g)  a ship for which there is in force a declaration under section 8AC of the Navigation Act 1912 .

3B   Meaning of coasting trade

             (1)  A ship is taken to be engaged in the coasting trade if it takes on board passengers or cargo at any port in a State, or a Territory, to be carried to, and landed or delivered at, any other port in the same State or Territory or in any other State or other such Territory.

             (2)  However, a ship is not to be engaged in the coasting trade by reason only of the fact that it carries:

                     (a)  passengers who hold through tickets to or from a port beyond Australia and the Territories; or

                     (b)  cargo consigned on a through bill of lading to or from a port beyond Australia and those Territories and which is not transhipped to or from any ship trading exclusively in Australian waters which is not licensed under this Act; or

                     (c)  mails between any ports in Australia or in any of those Territories; or

                     (d)  as a passenger:

                              (i)  the owner of the ship or a person who is an employee, or a member of the family, of the owner of the ship; or

                             (ii)  a pilot who is proceeding from his or her home station for the purpose of meeting a ship requiring the pilot’s services or is returning to his or her home station after piloting a ship.

             (3)  In addition, the regulations may prescribe that a ship is not to be engaged in the coasting trade by reason only of the fact that it carries passengers or cargo between ports in a prescribed Territory, or between ports in any such Territory and any other Australian ports, or ports in any other such Territory.

             (4)  A ship named in a permit issued under section 286 of the Navigation Act 1912 is not taken to be engaging in the coasting trade.

             (5)  In this section:

owner , in relation to a ship, includes a person who is the manager or secretary of a body corporate which is the owner of the ship.

3C   Voyages

             (1)  A ship is taken, for the purposes of this Act, to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.

             (2)  An intra-State voyage , in relation to a ship, means a voyage other than an overseas voyage or an inter-state voyage.

             (3)  An inter-State voyage , in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:

                     (a)  a port in a State and a port in another State; or

                     (b)  a port in a State and a port in a Territory; or

                     (c)  a port in a Territory and a port in another Territory;

whether or not the ship travels between 2 or more ports in any one State or Territory in the course of the voyage.

             (4)  An overseas voyage , in relation to a ship, means a voyage in the course of which the ship travels between:

                     (a)  a port in Australia and a port outside Australia; or

                     (b)  a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or

                     (c)  a port outside Australia and a place in the waters of the sea above the continental shelf of Australia; or

                     (d)  a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or

                     (e)  ports outside Australia; or

                      (f)  places beyond the continental shelf of Australia;

whether or not the ship travels between 2 or more ports in Australia in the course of the voyage.

             (5)  A voyage of an Australian fishing vessel, being a ship that is regularly engaged in making voyages from a port or ports in Queensland, commencing at a port in that State and ending at the same port or another port in that State is not to be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea.

             (6)  A ship’s voyage is to be taken not to be an overseas voyage for the purposes of this Act if the voyage:

                     (a)  commences in a port in an external Territory; and

                     (b)  ends at a port in that Territory.

3D   Gross tonnage

                   For the purposes of this Act, the gross tonnage of a ship for which no gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969 is:

                     (a)  taken to be under 500 tons if the ship has an overall length less than 35 metres; and

                     (b)  taken to be at least 500 tons if the ship has an overall length that is at least 35 metres.

3E   Fishing vessels

             (1)  In this Act:

Australian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under subsection 4(2) of the Fisheries Management Act 1991 is in force.

fish includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.

fishing fleet support vessel means:

                     (a)  a ship that is used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels; or

                     (b)  a ship that:

                              (i)  is not a ship to which paragraph (a) applies; and

                             (ii)  is being used in support of the fishing operations of an Australian fishing vessel or vessels; and

                            (iii)  is not covered by regulations under subsection (3); or

                     (c)  a ship that:

                              (i)  is in the course of construction; and

                             (ii)  is intended to be used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels;

but does not include:

                     (d)  a Commonwealth ship; or

                     (e)  an inland waterways vessel.

Note:          For in support of fishing operations see subsection (2).

fishing operations means:

                     (a)  the taking, catching or capturing of fish for trading or manufacturing purposes; and

                     (b)  the processing or carrying of the fish that are taken, caught or captured.

fishing vessel means:

                     (a)  a ship that is used wholly or principally for fishing operations; or

                     (b)  a ship that:

                              (i)  is in the course of construction; and

                             (ii)  is intended to be used wholly or principally for fishing operations;

but does not include:

                     (c)  a Commonwealth ship; or

                     (d)  an inland waterways vessel.

             (2)  For the purposes of this Act, activities in support of the fishing operations of a fishing vessel include:

                     (a)  the storage and transport of fish taken, caught or captured by the fishing vessel; and

                     (b)  the provision of food, fuel and other supplies to the fishing vessel while it is engaged in fishing operations; and

                     (c)  the transport of crew members to and from the fishing vessel while it is engaged in fishing operations.

             (3)  The regulations may provide that a class of ships specified in the regulations are not to be taken to be fishing fleet support vessels under paragraph (b) of the definition of fishing fleet support vessel in subsection (1).

3F   Meaning of registered

                   A ship is registered for the purposes of this Act if, and only if, for the purposes of the Navigation Act 1912 ,the ship is registered, taken to be registered or treated as if it were registered.

3G   Off-shore industry mobile units and fixed structures

             (1)  In this section:

Australia includes such of the external Territories as are prescribed for the purposes of this section.

Australian coastal sea means:

                     (a)  the territorial sea of Australia; and

                     (b)  the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory.

natural resources means the mineral and other non-living resources of the seabed and its subsoil.

relevant area means:

                     (a)  the continental shelf of Australia; and

                     (b)  the seabed of the Australian coastal sea; and

                     (c)  the subsoil of that seabed;

             (2)  A reference in this Act to an off-shore industry mobile unit is to be read as a reference to:

                     (a)  a vessel that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any relevant area by drilling the seabed or its sub-soil, or by obtaining substantial quantities of material from the seabed or its sub-soil, with equipment that is on or forms part of the vessel; or

                     (b)  a structure (not being a vessel) that:

                              (i)  is able to float or be floated; and

                             (ii)  is able to move or be moved as an entity from one place to another; and

                            (iii)  is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any relevant area by drilling the seabed or its sub-soil, or by obtaining substantial quantities of material from the seabed or its sub-soil, with equipment that is on or forms part of the structure; or

                     (c)  a barge or like vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off-shore industry fixed structures.

             (3)  A reference in this Act to an off-shore industry fixed structure is to be read as a reference to a structure (including a pipeline) that:

                     (a)  is fixed to the seabed and is not able to move or be moved as an entity from one place to another; and

                     (b)  is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any relevant area.

             (4)  A vessel or other structure that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (2)(a) or subparagraph (2)(b)(iii) is not to be taken not to be an off-shore industry mobile unit by reason only that the vessel or other structure is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources.

             (5)  A barge or like vessel that is used or intended for use in connection with the construction, maintenance or repair of off-shore industry fixed structures is not to be taken not to be an off-shore industry mobile unit by reason only that the vessel is also used or intended for use in connection with the construction, maintenance or repair of other structures.

23  Subsection 19(1)

Repeal the subsection, substitute:

             (1)  This Act applies to the employment of employees on a prescribed ship that is engaged in trade or commerce other than:

                     (a)  a ship with a gross tonnage under 500 tons proceeding on an intra-State voyage; or

                     (b)  a ship that is registered, or required to be registered, in Australia with a gross tonnage under 500 tons proceeding on an interstate voyage.