Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 No. 10, 1994 - SECT 8

8. (1) Despite anything in this Act, if a prescribed ship or prescribed unit
is controlled by a contractor for construction or repair purposes:

   (a)  this Act (other than sections 22, 23, 24, 25 and 26) does not apply to
        that ship or unit while it is so controlled; and

   (b)  this Act (other than sections 22, 23, 24, 25 and 26) does not apply to
        work performed by contractors on that ship or unit while it is so
        controlled; and

   (c)  this Act, other than Parts 1 and 2 and section 120, applies to work
        performed by employees on that ship or unit while it is so controlled:

        (i)    only if the regulations so provide; and

        (ii)   subject to such modifications and adaptations (if any) as are
               set out in the regulations.

(2) A prescribed ship or prescribed unit is taken to be controlled by a
contractor if, and only if, the operator has given control of the ship or unit
to the contractor.

(3) Despite anything in this Act, a contractor does not become an operator
because the contractor is given control of a prescribed ship or prescribed
unit for construction or repair purposes.