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FAIR WORK REGULATIONS 2009 - REG 1.15B

Definitions for Division 3

    In this Division:

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

"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.

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

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

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

"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.

"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.

"majority Australian-crewed ship" means a ship (other than an Australian ship, an emergency licensed ship, a general licensed ship, a transitional general licensed ship or a temporary licensed 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.

"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.

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

"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.

"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 .

"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.

"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.

"WA government employer" means a public sector body (within the meaning of the Public Sector Management Act 1994 (WA) as in force at the commencement of Schedule   1 to the Fair Work Amendment (Christmas Island and Cocos (Keeling) Islands) Regulations   2018 ). However, to avoid doubt, the Shire of Christmas Island and the Shire of Cocos (Keeling) Islands are not WA government employers.



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