Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"Australian General Shipping Register" has the same meaning as in the Shipping Registration Act 1981 .
"Australian International Shipping Register" has the same meaning as in the Shipping Registration Act 1981 .
"Authority" means the Seafarers Safety, Rehabilitation and Compensation Authority established by the Seafarers Rehabilitation and Compensation Act 1992 .
"coastal trading" has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012 .
"contract" includes any arrangement or understanding.
"contractor" means an individual who does work on a prescribed ship or a prescribed unit under a contract between an operator and that individual or any other person (whether an individual or not).
"dangerous occurrence" means an occurrence, at a workplace, that is declared by the regulations to be a dangerous occurrence for the purpose of this definition.
"designated work group" means a group of employees established as a designated work group in accordance with Division 1 of Part 3, or that designated work group as varied in accordance with this Act.
"emergency licence" has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012 .
"employee" means:
(a) a person employed by an operator on a prescribed ship or prescribed unit; or
(b) a person who is on board a prescribed ship or prescribed unit and in relation to whom a work agreement is in force for the purposes of the Navigation Act 2012 .
"general licence" has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012 .
"Government ship" means a ship:
(a) that belongs to the Commonwealth or a State or Territory; or
(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or
(c) that is for the time being demised or sub - demised to, or in the exclusive possession of, the Commonwealth or a State or Territory;
and includes a ship that belongs to an arm of the Defence Force, but does not include a ship:
(d) that belongs to a trading corporation that is an authority or agency of the Commonwealth or of a State or Territory; or
(e) the beneficial interest in which is vested in such a trading corporation; or
(f) that is for the time being demised or sub - demised to, or in the exclusive possession of, such a trading corporation; or
(g) that is operated by seafarers employed by a person other than the Commonwealth or a State or Territory.
"improvement notice" means an improvement notice issued under section 98.
"inspector" means:
(a) a person appointed as an inspector under section 84; or
(b) a person performing the duties and exercising the powers of an inspector under arrangements under section 106.
"Inspectorate" means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 .
"involved union" means:
(a) in relation to an employee of a particular operator--a registered union of which the employee is a member, if the employee is qualified to be a member because of the work the employee performs for that operator; or
(b) in relation to a designated work group--a registered union of which an employee in the group is a member, if the employee is qualified to be a member because of the work the employee performs as an employee in the group.
"off-shore industry mobile unit" has the same meaning as it had in the Navigation Act 1912 immediately before the repeal of that Act.
"operator" , in relation to a prescribed ship or a prescribed unit, means the person who has the management or control of the ship or unit.
"own" includes own jointly or own in part.
"person in command" means:
(a) in relation to a prescribed ship--the master, or in the absence of the master, the person on board responsible, as agent for the operator, for the operation of the ship; or
(b) in relation to a prescribed unit--the person on board responsible, as agent for the operator, for the operation of the unit.
"plant" includes any machinery, equipment or tool, or any component.
"prescribed ship" means a ship that:
(a) is either:
(i) a ship to which Part II of the Navigation Act 1912 would apply if that Act had not been repealed; or
(ii) a ship that is declared under subsection 4A(1) to be a prescribed ship; and
(b) is not any of the following:
(i) a Government ship;
(ii) a ship or off - shore industry mobile unit to which the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies;
(iii) a ship that is declared under subsection 4A(2) not to be a prescribed ship.
"prescribed unit" means:
(a) an off - shore industry mobile unit that is not self - propelled and is under tow; or
(b) a vessel or structure declared under subsection 4B(1) to be a prescribed unit;
but does not include a vessel or structure declared under subsection 4B(2) not to be a prescribed unit.
"prohibition notice" means a notice issued under section 93.
"provisional improvement notice" means a provisional improvement notice issued under section 58.
"registered union" means:
(a) an association of employees that is registered or recognised under the Fair Work (Registered Organisations) Act 2009 ; or
(b) an organisation of employees registered under a State or Territory Act that deals with industrial relations; or
(c) a body that is declared by the regulations to be a registered union for the purposes of this Act.
"reviewing authority" means the Fair Work Commission .
"shipboard management committee" means a committee with management responsibilities for a prescribed ship comprising the master and any or all of the following:
(a) the chief engineer;
(b) the first mate;
(c) the second engineer;
(d) the chief steward;
(e) the chief integrated rating.
"supervisor" means the head of a department (however described) or a team leader on a prescribed ship or prescribed unit.
"temporary licence" has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012 .
"workplace" means anywhere on board a prescribed ship or prescribed unit:
(a) where an employee or contractor works; or
(b) under the control of the operator to which an employee or contractor has access.