Note: This Act would, in the absence of any such regulations, apply in relation to these areas in the same way as it applies in relation to the rest of Australia.
33 Extension of this Act to the exclusive economic zone and the continental shelf
Extension to Australian ships etc.
(1) Without limiting subsection (3), this Act extends to or in relation to:
(a) any Australian ship in the exclusive economic zone or in the waters above the continental shelf; and
(b) any fixed platform in the exclusive economic zone or in the waters above the continental shelf; and
(c) any ship, in the exclusive economic zone or in the waters above the continental shelf, that:
(i) supplies, services or otherwise operates in connection with a fixed platform in the exclusive economic zone or in the waters above the continental shelf; and
(ii) operates to and from an Australian port; and
(d) any ship, in the exclusive economic zone or in the waters above the continental shelf, that:
(i) is operated or chartered by an Australian employer; and
(ii) uses Australia as a base.
(2) For the purposes of extending this Act in accordance with paragraph (1)(d):
(a) any reference in a provision of this Act to an employer is taken to include a reference to an Australian employer; and
(b) any reference in a provision of this Act to an employee is taken to include a reference to an employee of an Australian employer.
Extensions prescribed by regulations
(3) Without limiting subsection (1), if the regulations prescribe further extensions of this Act, or specified provisions of this Act, to or in relation to the exclusive economic zone or to the waters above the continental shelf, then this Act extends accordingly.
Modifications relating to extended application
(4) Despite subsections (1) and (3), if the regulations prescribe modifications of this Act, or specified provisions of this Act, for its operation under subsection (1) or (3) in relation to one or both of the following:
(a) all or part of the exclusive economic zone;
(b) all or part of the continental shelf;
then, so far as this Act would, apart from this subsection, extend to the zone or part, or to the continental shelf or part, it has effect as so modified.
(5) For the purposes of subsection (4), the regulations may prescribe different modifications in relation to different parts of the exclusive economic zone or continental shelf.
34 Extension of this Act beyond the exclusive economic zone and the continental shelf
Extension to Australian ships etc.
(1) Without limiting subsection (3), this Act extends to or in relation to:
(a) any Australian ship outside the outer limits of the exclusive economic zone and the continental shelf; and
(b) any ship, outside the outer limits of the exclusive economic zone and the continental shelf, that:
(i) is operated or chartered by an Australian employer; and
(ii) uses Australia as a base.
(2) For the purposes of extending this Act in accordance with paragraph (1)(b):
(a) any reference in a provision of this Act to an employer is taken to include a reference to an Australian employer; and
(b) any reference in a provision of this Act to an employee is taken to include a reference to an employee of an Australian employer.
Extensions prescribed by regulations
(3) Without limiting subsection (1), if the regulations prescribe further extensions of this Act, or specified provisions of this Act, in relation to all or part of the area outside the outer limits of the exclusive economic zone and the continental shelf, then this Act, or the specified provisions, extend accordingly to:
(a) any Australian employer; and
(b) any Australian-based employee.
(3A) For the purposes of extending this Act in accordance with subsection (3):
(a) any reference in a provision of this Act to an employer is taken to include a reference to:
(i) an Australian employer; and
(ii) an employer of an Australian-based employee; and
(b) any reference in a provision of this Act to an employee is taken to include a reference to:
(i) an employee of an Australian employer; and
(ii) an Australian-based employee.
Modified application in the area outside the outer limits of the exclusive economic zone and the continental shelf
(4) Despite subsections (1) and (3), if the regulations prescribe modifications of this Act, or specified provisions of this Act, for their operation under subsection (1) or (3) in relation to all or part of the area outside the outer limits of the exclusive economic zone and the continental shelf, then this Act, or the specified provisions, have effect as so modified in relation to the area or part.
(5) For the purposes of subsection (4), the regulations may prescribe different modifications in relation to different parts of the area outside the outer limits of the exclusive economic zone and the continental shelf.
35 Meanings of Australian employer and Australian-based employee
(1) An Australian employer is an employer that:
(a) is a trading corporation formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution); or
(b) is a financial corporation formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution); or
(c) is the Commonwealth; or
(d) is a Commonwealth authority; or
(e) is a body corporate incorporated in a Territory; or
(f) carries on in Australia, in the exclusive economic zone or in the waters above the continental shelf an activity (whether of a commercial, governmental or other nature), and whose central management and control is in Australia; or
(g) is prescribed by the regulations.
(2) An Australian-based employee is an employee:
(a) whose primary place of work is in Australia; or
(b) who is employed by an Australian employer (whether the employee is located in Australia or elsewhere); or
(c) who is prescribed by the regulations.
(3) However, paragraph (2)(b) does not apply to an employee who is engaged outside Australia and the external Territories to perform duties outside Australia and the external Territories.
35A Regulations excluding application of Act
(1) Regulations made for the purposes of section 32 or subsection 33(4) or 34(4) may exclude the application of the whole of this Act in relation to all or a part of an area referred to in section 32 or subsection 33(4) or 34(4) (as the case may be).
(2) If subsection (1) applies, this Act has effect as if it did not apply in relation to that area or that part of that area.
36 Geographical application of offences
Division 14 (Standard geographical jurisdiction) of the Criminal Code does not apply in relation to an offence against this Act.
Note: