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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Seafarers Rehabilitation and
Compensation and Other Legislation
Amendment Bill 2015
No. , 2015
(Employment)
A Bill for an Act to amend the Seafarers
Rehabilitation and Compensation Act 1992, and for
related purposes
No. , 2015
Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Constitutional coverage
3
Part 1--Seafarers rehabilitation and compensation
3
Seafarers Rehabilitation and Compensation Act 1992
3
Part 2--Occupational health and safety
6
Occupational Health and Safety (Maritime Industry) Act 1993
6
Schedule 2--Application of the seafarers rehabilitation and
compensation levy
7
Seafarers Rehabilitation and Compensation Act 1992
7
No. , 2015
Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015
1
A Bill for an Act to amend the Seafarers
1
Rehabilitation and Compensation Act 1992, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Seafarers Rehabilitation and
6
Compensation and Other Legislation Amendment Act 2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
Immediately after the commencement of
Part 2 of the Seafarers Rehabilitation and
Compensation Act 1992.
24 June 1993
3. Schedule 1,
Part 2
Immediately after the commencement of
section 6 of the Occupational Health and
Safety (Maritime Industry) Act 1993.
18 July 1994
4. Schedule 2
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Constitutional coverage Schedule 1
Seafarers rehabilitation and compensation Part 1
No. , 2015
Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015
3
Schedule 1
--Constitutional coverage
1
Part 1
--Seafarers rehabilitation and compensation
2
Seafarers Rehabilitation and Compensation Act 1992
3
1 At the end of section 4
4
Add:
5
(5) To avoid doubt, a reference in this Act to the employment of an
6
employee is a reference to:
7
(a) if the employee is a trainee--the employee's performance of
8
the role of a trainee; or
9
(b) if the employee is a person of a kind referred to in
10
paragraph (1)(c)--the employee's performance of the role of
11
a person of that kind.
12
2 Subsection 19(1)
13
After "ship that is", insert "directly and substantially".
14
3 Subsections 19(2) to (5)
15
Repeal the subsections.
16
4 After section 19
17
Insert:
18
19A Extended application of Act for trainees etc.
19
(1) This Act also applies to the employment of a trainee who, as
20
required by his or her employer, is attending a training course in
21
connection with, or for the purpose of, employment by that
22
employer on:
23
(a) a prescribed ship that is engaged in trade or commerce:
24
(i) between Australia and places outside Australia; or
25
(ii) between 2 places outside Australia; or
26
(iii) among the States; or
27
Schedule 1 Constitutional coverage
Part 1 Seafarers rehabilitation and compensation
4
Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015
No. , 2015
(iv) within a Territory, between a State and a Territory or
1
between 2 Territories; or
2
(b) a vessel of a kind referred to in subsection 19(1AA); or
3
(c) a prescribed ship to which paragraph 19(1A)(a) or (b)
4
applies.
5
(2) This Act also applies to the employment of a person of a kind
6
referred to in paragraph 4(1)(c) who would ordinarily be employed
7
or engaged as a seafarer on:
8
(a) a prescribed ship that is engaged in trade or commerce:
9
(i) between Australia and places outside Australia; or
10
(ii) between 2 places outside Australia; or
11
(iii) among the States; or
12
(iv) within a Territory, between a State and a Territory or
13
between 2 Territories; or
14
(b) a vessel of a kind referred to in subsection 19(1AA); or
15
(c) a prescribed ship to which paragraph 19(1A)(a) or (b)
16
applies.
17
(3) This section does not limit the operation of section 19.
18
5 Application of amendments
19
(1)
Subject to subitems (2) and (3), the amendments of the Seafarers
20
Rehabilitation and Compensation Act 1992 made by this Part apply in
21
relation to any injury, loss or damage suffered by an employee on or
22
after the commencement of Part 2 of that Act.
23
(2)
The amendments made by this Part do not apply in relation to an injury
24
if notice of the injury was given under section 62 of that Act before the
25
time when the Bill for this Act was introduced into the House of
26
Representatives.
27
(3)
The amendments made by this Part do not apply in relation to loss or
28
damage if notice of the accident that resulted in the loss or damage was
29
given under section 62 of that Act before the time when the Bill for this
30
Act was introduced into the House of Representatives.
31
Constitutional coverage Schedule 1
Seafarers rehabilitation and compensation Part 1
No. , 2015
Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015
5
6 Compensation for acquisition of property
1
(1)
If the operation of this Part would result in an acquisition of property
2
from a person otherwise than on just terms, the Commonwealth is liable
3
to pay a reasonable amount of compensation to the person.
4
(2)
If the Commonwealth and the person do not agree on the amount of the
5
compensation, the person may institute proceedings in the Federal Court
6
of Australia for the recovery from the Commonwealth of such
7
reasonable amount of compensation as the court determines.
8
(3)
In this item:
9
acquisition of property has the same meaning as in paragraph 51(xxxi)
10
of the Constitution.
11
just terms has the same meaning as in paragraph 51(xxxi) of the
12
Constitution.
13
Schedule 1 Constitutional coverage
Part 2 Occupational health and safety
6
Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015
No. , 2015
Part 2
--Occupational health and safety
1
Occupational Health and Safety (Maritime Industry) Act
2
1993
3
7 Subsection 6(1)
4
After "unit that is", insert "directly and substantially".
5
8 Subsections 6(5) to (9)
6
Repeal the subsections.
7
9 Application of amendments
8
The amendments made by this Part apply in relation to anything done
9
on or after the commencement of section 6 of the Occupational Health
10
and Safety (Maritime Industry) Act 1993.
11
Application of the seafarers rehabilitation and compensation levy Schedule 2
No. , 2015
Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015
7
Schedule 2
--Application of the seafarers
1
rehabilitation and compensation levy
2
3
Seafarers Rehabilitation and Compensation Act 1992
4
1 Section 3 (definition of seafarer berth)
5
After "by a seafarer", insert "to whose employment this Act applies".
6
2 Section 3 (at the end of the definition of seafarer berth)
7
Add:
8
Note:
Section 19 deals with the application of this Act.
9
3 Subsection 20A(1)
10
Omit "the application of this Act", substitute:
11
the application of:
12
(a) this Act; and
13
(b) the Seafarers Rehabilitation and Compensation Levy Act
14
1992; and
15
(c) the Seafarers Rehabilitation and Compensation Levy
16
Collection Act 1992.
17
4 Subsection 20A(3)
18
Omit "this Act (other than this section) does not apply", substitute
19
"those Acts (other than this section) do not apply".
20
5 Transitional provision
21
If an exemption granted under section 20A of the Seafarers
22
Rehabilitation and Compensation Act 1992 is in force immediately
23
before the day this Act receives the Royal Assent, it continues in force
24
after that day as if it had been granted, under that section as amended by
25
this Act, as an exemption from the application of:
26
(a) that Act (as so amended); and
27
(b) the Seafarers Rehabilitation and Compensation Levy Act
28
1992; and
29
Schedule 2 Application of the seafarers rehabilitation and compensation levy
8
Seafarers Rehabilitation and Compensation and Other Legislation
Amendment Bill 2015
No. , 2015
(c) the Seafarers Rehabilitation and Compensation Levy
1
Collection Act 1992.
2