Federal Register of Legislation - Australian Government

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Fair Work Amendment Regulation 2012 (No. 2)

Authoritative Version
  • - F2012L01708
  • No longer in force
SLI 2012 No. 197 Regulations as made
This regulation amends the Fair Work Regulations 2009 to ensure that the Fair Work Act continues to apply to ships engaging in coastal trading, following commencement of the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Coastal Trading Act) and the Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 (Coastal Trading Transition Act) (together, the coastal trading legislation) on 1 July 2012.
Administered by: Education, Employment and Workplace Relations
Registered 20 Aug 2012
Tabling HistoryDate
Tabled HR21-Aug-2012
Tabled Senate21-Aug-2012
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014

Commonwealth Coat of Arms

Fair Work Amendment Regulation 2012 (No. 2)1

Select Legislative Instrument 2012 No. 197

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

Dated 16 August 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

WILLIAM RICHARD SHORTEN


1              Name of regulation

                This regulation is the Fair Work Amendment Regulation 2012 (No. 2).

2              Commencement

                This regulation commences on the day after it is registered.

3              Amendment of Fair Work Regulations 2009

                Schedule 1 amends the Fair Work Regulations 2009.


Schedule 1        Amendments

(section 3)

 

[1]           Regulation 1.15B

insert

coastal trading has the meaning given by section 7 of the Coastal Trading (Revitalising Australian Shipping) Act 2012.

[2]           Regulation 1.15B

insert

continuous voyage permit:

                (a)    means a continuing permit issued under section 286 of the Navigation Act 1912 as in force immediately before 1 July 2012; and

               (b)    includes a continuing permit granted in relation to an application to which paragraphs 5 (a) and (b) of Schedule 2 to the Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 apply.

[3]           Regulation 1.15B

insert

emergency licence has the meaning given by subsection 6 (1) of the Coastal Trading (Revitalising Australian Shipping) Act 2012.

[4]           Regulation 1.15B

insert

emergency licensed ship means a ship used to undertake a voyage authorised by an emergency licence.

[5]           Regulation 1.15B

insert

general licence has the meaning given by subsection 6 (1) of the Coastal Trading (Revitalising Australian Shipping) Act 2012.

[6]           Regulation 1.15B

insert

general licensed ship means a ship:

                (a)    in relation to which a general licence has been issued and is in force; and

               (b)    which engages in coastal trading under the licence.

[7]           Regulation 1.15B, definition of licensed ship

omit

[8]           Regulation 1.15B, definition of majority Australian‑crewed ship

omit

a licensed ship or a permit ship)

insert

an emergency licensed ship, a general licensed ship, a transitional general licensed ship or a temporary licensed ship)

[9]           Regulation 1.15B, definition of permit ship

omit

[10]         Regulation 1.15B

insert

single voyage permit:

                (a)    means a single voyage permit issued under section 286 of the Navigation Act 1912 as in force immediately before 1 July 2012; and

               (b)    includes a single voyage permit granted in relation to an application to which paragraphs 5 (a) and (b) of Schedule 2 to the Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 apply.

[11]         Regulation 1.15B

insert

temporary licence has the meaning given by subsection 6 (1) of the Coastal Trading (Revitalising Australian Shipping) Act 2012.

[12]         Regulation 1.15B

insert

temporary licensed ship means a ship:

                (a)    that is used to undertake a voyage authorised by a temporary licence; and

               (b)    to which one of the following applies:

                          (i)    within 12 months before commencing the voyage, the ship commenced at least 2 other voyages authorised by a temporary licence;

                         (ii)    within 12 months before commencing the voyage:

                                   (A)     the ship commenced at least one other voyage authorised by a temporary licence; and

                                   (B)     was issued with a single voyage permit;

                        (iii)    within 12 months before commencing the voyage, the ship was issued with at least 2 single voyage permits;

                        (iv)    within 15 months before commencing the voyage, the ship was issued with a continuous voyage permit.

[13]         Regulation 1.15B

insert

transitional general licence means a licence issued under Division 1 of Part 4 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 following an application made under item 10 of Schedule 2 to the Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012.

[14]         Regulation 1.15B

insert

transitional general licensed ship means a ship:

                (a)    in relation to which a transitional general licence has been issued and is in force; and

               (b)    which engages in coastal trading under the licence.

[15]         Paragraphs 1.15D (a) to (d)

substitute

                (a)    an emergency licensed ship; or

               (b)    a general licensed ship; or

                (c)    a temporary licensed ship; or

               (d)    a transitional general licensed ship; or

[16]         Subregulations 1.15E (1) to (4)

substitute

         (1)   For subsection 33 (3) of the Act, the Act is extended to and in relation to each of the following ships in the exclusive economic zone or the waters above the continental shelf:

                (a)    an emergency licensed ship;

               (b)    a general licensed ship;

                (c)    a temporary licensed ship;

               (d)    a transitional general licensed ship.

[17]         Subregulation 1.15E (5)

renumber as 1.15E (2)

[18]         Regulation 1.15E, note

omit

licensed ships, permit ships

insert

emergency licensed ships, general licensed ships, temporary licensed ships, transitional general licensed ships

[19]         After regulation 1.15F

insert

1.15G     Amendments made by Fair Work Amendment Regulation 2012 (No. 2)

                The amendments of regulations 1.15B, 1.15D and 1.15E made by Schedule 1 to the Fair Work Amendment Regulation 2012 (No. 2) do not apply in relation to:

                (a)    a licensed ship within the meaning of regulation 1.15B as in force immediately before the commencement of the Fair Work Amendment Regulation 2012 (No. 2); or

               (b)    a permit ship within the meaning of regulation 1.15B as in force immediately before the commencement of the Fair Work Amendment Regulation 2012 (No. 2).


Note

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