Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Commonwealth maritime legislation does not apply in relation to:
(a) a facility located in the offshore area of a State or Territory; or
(b) a person at such a facility; or
(c) a person near such a facility, to the extent to which the person is affected by:
(i) such a facility; or
(ii) activities that take place at such a facility; or
(d) activities that take place at such a facility.
Note 1: Instead, a facility located in the offshore area of a State or Territory will be covered by the listed OHS laws.
Note 2: The offshore area of a State or Territory is defined by section 8.
(2) However, subsection (1) does not prevent the application of Commonwealth maritime legislation to the extent that it relates to the transfer of persons or goods between a ship and a facility.
Note: In these cases, Commonwealth maritime legislation will generally apply in addition to the listed OHS laws.
"Commonwealth maritime legislation" means:
(a) the Navigation Act 2012 ; and
(b) the Occupational Health and Safety (Maritime Industry) Act 1993 ; and
(c) any subordinate legislation under either of those Acts.
"facility" has the same meaning as in Schedule 3.
"ship" means any kind of vessel that:
(a) is used in navigation by water, however propelled or moved; and
(b) is not, for the time being, a facility or part of a facility.
Note: See also Part 1.4, which deals with the application of
State and Northern Territory laws.