Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK ACT 2009 - SECT 33

Extension of this Act to the exclusive economic zone and the continental shelf

Extension to Australian ships etc.

  (1)   Without limiting subsection   (3), this Act extends to or in relation to:

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

  (b)   any fixed platform in the exclusive economic zone or in the waters above the continental shelf; and

  (c)   any ship, in the exclusive economic zone or in the waters above the continental shelf, that:

  (i)   supplies, services or otherwise operates in connection with a fixed platform in the exclusive economic zone or in the waters above the continental shelf; and

  (ii)   operates to and from an Australian port; and

  (d)   any ship, in the exclusive economic zone or in the waters above the continental shelf, that:

  (i)   is operated or chartered by an Australian employer; and

  (ii)   uses Australia as a base.

  (2)   For the purposes of extending this Act in accordance with paragraph   (1)(d):

  (a)   any reference in a provision of this Act to an employer is taken to include a reference to an Australian employer; and

  (b)   any reference in a provision of this Act to an employee is taken to include a reference to an employee of an Australian employer.

Extensions prescribed by regulations

  (3)   Without limiting subsection   (1), if the regulations prescribe further extensions of this Act, or specified provisions of this Act, to or in relation to the exclusive economic zone or to the waters above the continental shelf, then this Act extends accordingly.

Modifications relating to extended application

  (4)   Despite subsections   (1) and (3), if the regulations prescribe modifications of this Act, or specified provisions of this Act, for its operation under subsection   (1) or (3) in relation to one or both of the following:

  (a)   all or part of the exclusive economic zone;

  (b)   all or part of the continental shelf;

then, so far as this Act would, apart from this subsection, extend to the zone or part, or to the continental shelf or part, it has effect as so modified.

  (5)   For the purposes of subsection   (4), the regulations may prescribe different modifications in relation to different parts of the exclusive economic zone or continental shelf.

Extension relating to Greater Sunrise special regime area

  (6)   Despite subsection   13AB(1) of the Seas and Submerged Lands Act 1973 :

  (a)   an extension of this Act under subsection   (1) of this section has effect; and

  (b)   an extension of this Act, or a provision of this Act, because of regulations made for the purposes of subsection   (3) of this section may (subject to those regulations) have effect;

in relation to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. This subsection has effect whether or not the extension is affected by subsection   (4) of this section.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback