Commonwealth Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 - SECT 4

                   In this Act, unless the contrary intention appears:

"articles of agreement" has the same meaning as in the Navigation Act 1912 .

"Authority" means the Seafarers Safety, Rehabilitation and Compensation Authority established by the Seafarers Rehabilitation and Compensation Act 1992 .

"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.

"employee" means:

                     (a)  a person employed by an operator on a prescribed ship or prescribed unit; or

                     (b)  a person engaged on a prescribed ship or prescribed unit under articles of agreement.

"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 in the Navigation Act 1912 .

"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 to which Part II of the Navigation Act 1912 applies but does not include:

                     (a)  a ship or off‑shore industry mobile unit to which the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies; or

                     (b)  a Government ship.

"prescribed unit" means an off-shore industry mobile unit that is not self-propelled and is under tow.

"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 Australian Industrial Relations 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.

"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.