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Fair Work Amendment Regulations 2009 (No. 1)

Authoritative Version
  • - F2009L02567
  • No longer in force
SLI 2009 No. 164 Regulations as made
These Regulations revoke the Fair Work (Oath and Affirmation) Regulations 2009 and amend the Fair Work Regulations 2009 (the Principal Regulations) to deal with a number of matters relating to the workplace relations framework established by the Fair Work Act 2009.
Administered by: Education, Employment and Workplace Relations
Registered 30 Jun 2009
Tabling HistoryDate
Tabled HR11-Aug-2009
Tabled Senate11-Aug-2009
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
26-Oct-2009
Expiry Date:
02-Dec-2009
House:
Senate
Details:
Partial
Resolution:
Withdrawn
Resolution Date:
16-Nov-2009
Resolution Time:
Provisions:
Sch 2

Fair Work Amendment Regulations 2009 (No. 1)1

Select Legislative Instrument 2009 No. 164

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fair Work Act 2009.

Dated 29 June 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

MARK ARBIB


Contents

                        1     Name of Regulations                                                        3

                        2     Commencement                                                              3

                        3     Amendment of Fair Work Regulations 2009                       3

                        4     Repeal of Fair Work (Oath and Affirmation) Regulations 2009 3

                        5     Amendment of Fair Work Regulations 2009                       3

Schedule 1             Amendments commencing on 1 July 2009                    4

Schedule 2             Amendments commencing on 1 January 2010            24

 

 


1              Name of Regulations

                These Regulations are the Fair Work Amendment Regulations 2009 (No. 1).

2              Commencement

                These Regulations commence as follows:

                 (a)     on 1 July 2009 — regulations 1 to 4 and Schedule 1;

                (b)     on 1 January 2010 — regulation 5 and Schedule 2.

3              Amendment of Fair Work Regulations 2009

                Schedule 1 amends the Fair Work Regulations 2009.

4              Repeal of Fair Work (Oath and Affirmation) Regulations 2009

         (1)   The Fair Work (Oath and Affirmation) Regulations 2009 are repealed.

         (2)   The repeal of those Regulations does not affect an oath sworn, or an affirmation made, in accordance with those Regulations before 1 July 2009.

5              Amendment of Fair Work Regulations 2009

                Schedule 2 amends the Fair Work Regulations 2009.


Schedule 1        Amendments commencing on 1 July 2009

(regulation 3)

  

[1]           Part 1-3, after Division 2

insert

Division 2A           Application of Act in a referring State

1.15A      State public sector employer

                For paragraph (d) of the definition of State public sector employer in section 30A of the Act, the following kinds of employers are specified:

                (a)    an employer:

                          (i)    that is a public entity within the meaning of the Public Administration Act 2004 of Victoria; and

                         (ii)    to which paragraphs (a), (b) and (c) of the definition of State public sector employer do not apply;

               (b)    an employer:

                          (i)    that is a special body within the meaning of the Public Administration Act 2004 of Victoria; and

                         (ii)    to which paragraphs (a), (b) and (c) of the definition of State public sector employer do not apply.

Division 3              Geographical application of the Act

1.15B     Definitions for Division 3

                In this Division:

innocent passage has the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

transit passage has the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

1.15D     Modification of application of Act — foreign ships engaged in innocent passage

                For section 32 of the Act, the Act does not apply in relation to:

                (a)    all the waters of the sea on the landward side of the outer limits of the territorial sea of Australia, including such waters within the limits of a State or Territory; and

               (b)    the Territory of Christmas Island; and

                (c)    the Territory of Cocos (Keeling) Islands;

to the extent to which its application would be inconsistent with a right of innocent passage or transit passage being exercised by a foreign ship.

1.15F      Extension of Act beyond the exclusive economic zone and the continental shelf

         (1)   For subsection 34 (3) of the Act, the Act is extended to:

                (a)    an Australian employer; and

               (b)    an Australian-based employee;

in relation to the Australian Antarctic Territory.

         (2)   For subsection 34 (3) of the Act, the provisions of the Act mentioned in the following table, and the rest of the Act so far as it relates to those provisions, are extended to:

                (a)    an Australian employer in relation to the employer’s Australian-based employees; and

               (b)    an Australian-based employee in relation to the employee’s employer if the same enterprise agreement applies to both of them;

in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.

Item

Provision of the Act

1

Part 2-1 — core provisions for Chapter 2

2

Part 2-2 — the National Employment Standards

3

Part 2-3 — modern awards

4

Part 2-6 — minimum wages

5

Part 2-7 — equal remuneration

6

Part 2-8 — transfer of business

7

Part 2-9 — other terms and conditions of employment

         (3)   For subsection 34 (3) of the Act, the provisions of the Act mentioned in the following table, and the rest of the Act so far as it relates to those provisions, are extended to:

                (a)    an Australian employer in relation to the employer’s Australian-based employees; and

               (b)    an Australian-based employee in relation to the employee’s employer;

in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.

Item

Provision of the Act

1

Part 2-1 — core provisions for Chapter 2

2

Part 2-4 — enterprise agreements

3

Part 2-5 — workplace determinations

4

Part 3-3 — industrial action

         (4)   For subsection 34 (3) of the Act, Part 3-1 of the Act, and the rest of the Act so far as it relates to that Part, are extended to:

                (a)    an Australian employer; and

               (b)    an Australian-based employee;

in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.

Note   Part 3-1 of the Act relates to general protections.

         (5)   For subsection 34 (3) of the Act, Part 3-2 of the Act, and the rest of the Act so far as it relates to that Part, are extended to an Australian-based employee in relation to the employee’s Australian employer in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.

Note   Part 3-2 of the Act relates to unfair dismissal.

         (6)   For subsection 34 (3) of the Act, Part 3-5 of the Act, and the rest of the Act so far as it relates to that Part, are extended to an Australian employer in relation to the employer’s Australian-based employees in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.

Note 1   Part 3-5 of the Act relates to stand down.

Note 2   Provisions of the Act that are specified as extending beyond the exclusive economic zone and the continental shelf (including provisions relating to compliance and enforcement, administration and right of entry by reason of the extension of the rest of the Act, so far as it relates to the specified provisions) are subject to:

(a)   Australia's international obligations relating to foreign ships; and

(b)   the concurrent jurisdiction of a foreign State.

[2]           Subregulation 3.13 (7), at the foot

insert

Note   Subregulation (7) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[3]           Subregulation 3.13 (8), at the foot

insert

Note   Subregulation (8) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[4]           Subregulation 3.19 (10), at the foot

insert

Note   Subregulation (10) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[5]           Regulation 3.31, including the note

substitute

3.31        Records — form

         (1)   For subsection 535 (1) of the Act, an employee record made and kept by an employer for this Subdivision must be of the following kind:

                (a)    a record in a legible form and in the English language;

               (b)    a record in a form that is readily accessible to an inspector.

Note   Subsection 535 (1) of the Act is a civil remedy provision. Section 558 of the Act and Division 4 of Part 4-1 of the Act deal with infringement notices relating to alleged contraventions of civil remedy provisions.

         (2)   For section 796 of the Act, an employee record made and kept by an employer for this Subdivision must be of the following kind:

                (a)    a record in a legible form and in the English language;

               (b)    a record in a form that is readily accessible to an inspector.

Note   Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[6]           Subregulation 3.41 (2), at the foot

insert

Note   Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[7]           Subregulation 3.41 (4), at the foot

insert

Note   Subregulation (4) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[8]           Subregulation 3.41 (5), at the foot

insert

Note   Subregulation (5) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[9]           Subregulation 3.41 (6), at the foot

insert

Note   Subregulation (6) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[10]         Subregulation 3.42 (1), at the foot

insert

Note   Subregulation (1) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[11]         Subregulation 3.42 (2), at the foot

insert

Note   Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[12]         Subregulation 3.42 (3), at the foot

insert

Note   Subregulation (3) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[13]         Subregulation 3.42 (4), note

substitute

Note 1   Subregulation (4) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

Note 2   Under the Act, an inspector is also permitted to inspect and copy an employee record for the purposes of the Act. The inspector may also require the production of the employee record.

[14]         Subregulation 3.43 (1), at the foot

insert

Note   Subregulation (1) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[15]         Subregulation 3.44 (1), at the foot

insert

Note   Subregulation (1) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[16]         Subregulation 3.44 (2), at the foot

insert

Note   Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[17]         Subregulation 3.44 (3), at the foot

insert

Note   Subregulation (3) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[18]         Subregulation 3.44 (4), at the foot

insert

Note   Subregulation (4) is a civil remedy provision to which Part 4-1 applies. Division 4 of Part 4-1 deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[19]         Subregulation 3.44 (5)

omit

other person

insert

another person

[20]         Subregulation 3.44 (5), at the foot

insert

Note   Subregulation (5) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[21]         Subregulation 3.44 (6), at the foot

insert

Note   Subregulation (6) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[22]         Part 4-1, before Division 3

insert

Division 2              Orders

4.01A      Applications for orders in relation to contraventions of civil remedy provisions

         (1)   For subsection 539 (3) of the Act, a provision referred to in an item of the table in subregulation (2) is a civil remedy provision.

         (2)   For each civil remedy provision in an item of the table, the table sets out:

                (a)    the persons who would be referred to in column 2 of the table in subsection 539 (2) of the Act if there were an item for the civil remedy provision in that table; and

               (b)    the Courts that would be referred to in column 3 of that table; and

                (c)    the maximum penalty that would be referred to in column 4 of that table.

Item

Civil remedy provision

Persons

Courts

Maximum penalty

1

subregulation 3.13 (7)

An applicant for the protected action ballot order

The protected action ballot agent

An employee organisation

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

2

subregulation 3.13 (8)

An applicant for the protected action ballot order

The protected action ballot agent

An employee organisation

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

3

subregulation 3.19 (10)

The protected action ballot agent

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

4

subregulation 3.31 (2)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

5

subregulation 3.41 (2)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

6

subregulation 3.41 (4)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

7

subregulation 3.41 (5)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

8

subregulation 3.41 (6)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

9

subregulation 3.42 (1)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

10

subregulation 3.42 (2)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

11

subregulation 3.42 (3)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

12

subregulation 3.42 (4)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

13

subregulation 3.43 (1)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

14

subregulation 3.44 (1)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

15

subregulation 3.44 (2)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

16

subregulation 3.44 (3)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

17

subregulation 3.44 (4)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

18

subregulation 3.44 (5)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

19

subregulation 3.44 (6)

An employee

An inspector

Federal Court

Federal Magistrates Court

An eligible State or Territory Court

20 penalty units

[23]         Regulation 4.03, definition of civil remedy provision

substitute

civil remedy provision means a civil remedy provision in:

                (a)    item 29 of the table in subsection 539 (2) of the Act; or

               (b)    items 4 to 19 of the table in subregulation 4.01A (2).

[24]         Before regulation 4.04

insert in Division 4

4.03A      Course of conduct

                For paragraph 557 (2) (s) of the Act, each civil remedy provision mentioned in items 4 to 19 of the table in subregulation 4.01A (2) is prescribed.

[25]         Regulation 5.01

omit

For subparagraph 625 (2) (i)

 insert

         (1)   For paragraph 625 (2) (i)

[26]         Regulation 5.01

insert

         (2)   For paragraph 625 (2) (i) of the Act, each of the following functions is a prescribed function:

                (a)    being satisfied under subregulation 3.02 (7) that a person making an application to FWA under section 365 of the Act will suffer serious hardship if the person is required to pay the fee for the application;

               (b)    being satisfied under subregulation 3.03 (7) that a person making an application to FWA under section 372 of the Act will suffer serious hardship if the person is required to pay the fee for the application;

                (c)    being satisfied under subregulation 3.07 (7) that a person making an application to FWA under Division 5 of Part 3-2 of the Act will suffer serious hardship if the person is required to pay the fee for the application;

               (d)    being satisfied under subregulation 6.05 (7) that a person making an application to FWA under subsection 773 (2) of the Act will suffer serious hardship if the person is required to pay the fee for the application.

[27]         Paragraph 5.04 (1) (b)

after

Part 2

insert

of

[28]         Paragraph 6.08 (1) (c)

omit

1910.

insert

1910;

[29]         After paragraph 6.08 (1) (c)

insert

               (d)    the Members of Parliament (Staff) Act 1984.

[30]         Schedule 5.2, Part 1, after item 1

insert

1A          Modern awards

1A.1

The number of determinations varying modern awards made in a quarter under item 5 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1A.2

The number of determinations varying modern awards made in a quarter under item 7 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1A.3

The number of applications for take-home pay orders made in a quarter under item 9 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1A.4

The number of take-home pay orders made in a quarter under item 9 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B           Modern enterprise awards

1B.1

The number of applications for modern enterprise awards made in a quarter under item 4 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.2

The number of modern enterprise awards made in a quarter under item 4 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.3

The number of applications for FWA to terminate enterprise instruments made in a quarter under item 5 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.4

The number of terminations of enterprise instruments made in a quarter under item 5 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.5

The number of variations of instruments made in a quarter under item 9 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.6

The number of terminations of instruments made in a quarter under item 9 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.7

The number of applications for take-home pay orders made in a quarter under item 12 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.8

The number of take-home pay orders made in a quarter under item 12 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

[31]         Schedule 5.2, Part 1, item 2.6

omit

The number of enterprise agreements

insert

The number of variations of enterprise agreements

[32]         Schedule 5.2, Part 1, item 2.7

omit

section 211

insert

section 217

[33]         Schedule 5.2, Part 1, item 11.6

omit

[34]         Schedule 5.2, Part 1, after item 13

insert

13A        Registered organisations

13A.1

The number of applications for registration made in a quarter under section 18A, 18B or 18C of Schedule 1 to the Fair Work (Registered Organisations) Act 2009 by:

   (a)  an employer association; or

   (b)  an employee association; or

   (c)  an enterprise association

as soon as practicable after the end of the quarter

13A.2

The number of applications for orders made in a quarter under section 133 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13A.3

The number of orders made in a quarter under section 133 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13A.4

The number of applications for representation orders made in a quarter under section 137A of Schedule 1 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13A.5

The number of representation orders made in a quarter under section 137A of Schedule 1 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13A.6

The number of:

   (a)  applications for recognition made in a quarter under clause 1 of Schedule 2 to the Fair Work (Registered Organisations) Act 2009; and

   (b)  applications for orders cancelling recognition made in a quarter under clause 3 of that Schedule

as soon as practicable after the end of the quarter

13A.7

The number of applications for recognition granted in a quarter under clause 1 of Schedule 2 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13A.8

The number of orders cancelling recognition made in a quarter under clause 3 of Schedule 2 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13B        Transitional instruments

13B.1

The number of applications for conditional terminations made in a quarter under item 18 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

13B.2

The number of conditional terminations made in a quarter under item 18 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

[35]         Schedule 5.2, Part 1, item 14.4

omit

For a list

insert

For each application in a list

[36]         Schedule 5.2, Part 1, after item 14

insert

14A        Transitional instruments

14A.1

A list of determinations made in a week under item 14 of Schedule 9 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, including:

   (a)  the names of the applicants; and

   (b)  the names of the relevant modern awards

as soon as practicable after the end of the week

14A.2

The number of determinations made in a week under item 14 of Schedule 9 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the week

[37]         Schedule 5.2, Part 1, after item 15

insert

16           Transitional instruments

16.1

For a pre-reform agreement that has been varied under Part 3 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, a copy of the varied agreement and the order varying the agreement

as soon as practicable, but not later than 21 days after the day on which the order was made

16.2

For each transitional instrument that has been terminated under item 15 or 16 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009:

   (a)  a copy of the approval or termination; and

   (b)  the date on which the termination took effect or will take effect

as soon as practicable, but not later than 21 days after the day on which the transitional instrument was terminated

[38]         Schedule 5.2, Part 2, item 3.12

omit

For a list

insert

For each application in a list

[39]         Schedule 6.3, item 5, column 3

omit

 

 

The Minister administering the Members of Parliament (Staff) Act 1984

Insert

 

 

The Minister administering the Members of Parliament (Staff) Act 1984

Each person empowered under the Members of Parliament (Staff) Act 1984 to employ persons

Schedule 2        Amendments commencing on 1 January 2010

(regulation 5)

[1]           Regulation 1.15B, after definition of innocent passage

insert

licensed ship means a ship:

                (a)    to which a licence has been granted under section 288 of the Navigation Act 1912, and

               (b)    for which the licence is in force, and

                (c)    which is operating under the licence.

majority Australian-crewed ship means a ship (other than an Australian ship, a licensed ship or a permit ship) of which:

                (a)    the majority of the crew are residents of Australia; and

               (b)    the operator:

                          (i)    is a resident of Australia; or

                         (ii)    has its principal place of business in Australia, or

                         (iii)    is incorporated in Australia.

permit ship means a ship:

                (a)    to which a permit has been granted under section 286 of the Navigation Act 1912 for a single voyage or as a continuing permit; and

               (b)    for which the permit is in force; and

                (c)    which is operating under the permit.

[2]           After regulation 1.15B

insert

1.15C     Meanings of Australian employer and Australian-based employee

                For paragraph 35 (1) (g) of the Act, the employer of a person who is a member of the crew performing duties on a majority Australian-crewed ship is prescribed as an Australian employer.

[3]           After regulation 1.15D

insert

1.15E      Extension of Act to the exclusive economic zone and the continental shelf — ships

                For subsection 33 (3) of the Act, the Act is extended to and in relation to:

                (a)    a licensed ship in the exclusive economic zone or the waters above the continental shelf; and

               (b)    a permit ship in the exclusive economic zone or the waters above the continental shelf; and

                (c)    a majority Australian-crewed ship in the exclusive economic zone or the waters above the continental shelf.

Note   The extension of this Act to licensed ships, permit ships and majority Australian-crewed ships in the exclusive economic zone and the continental shelf (including provisions relating to compliance and enforcement, administration and right of entry by reason of the extension of the rest of the Act, so far as it relates to the specified provisions) is subject to:

(a)   Australia’s international obligations relating to foreign ships; and

(b)   the concurrent jurisdiction of a foreign State.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.