Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - SECT 4

4. In this Act, unless the contrary intention appears:

"accident" includes contracting a disease;

"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 an employee employed on, or a contractor working
on, a prescribed ship or prescribed unit means:

   (a)  if the owner:

        (i)    has the management or control of the ship or unit; and

        (ii)   employs the employee on the ship or unit or is a party to the
               contract under which the contractor is working on the ship or
               unit; the owner; or

   (b)  if a person other than the owner:

        (i)    has the management or control of the ship or unit; and

        (ii)   employs the employee on the ship or unit or is a party to the
               contract under which the contractor is working on the ship or
               unit; the person;

"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)  a ship to which Part II of the Navigation Act 1912 applies; or

   (b)  an off-shore industry vessel covered by a declaration in force under
        subsection 8A(2) of that Act; or

   (c)  a trading ship covered by a declaration in force under subsection
        8AA(2) of that Act; but does not include:

   (d)  a ship or unit to which the Petroleum (Submerged Lands) Act 1967
        applies; or

   (e)  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 organisation of employees within the meaning of the Industrial
        Relations Act 1988; 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.