Document ID: chunk:federal_register_of_legislation:C2004A04681:body:0:p17
Version: federal_register_of_legislation:C2004A04681
Segment Type: other
Provision Reference: 
Character Range: 42640–45706

ordinarily employed or engaged as a seafarer, is not so employed or engaged but is undergoing an approved industry training course; or

     (b) is undergoing an approved industry training course before becoming a seafarer;

'journey', in relation to a journey to which subsection 28(6), 49(6A) or 50(2A) applies, includes part of that journey;".

76. Subsection 4(1) (paragraph (b) of the definition of "employee"):

  Omit the paragraph, substitute:

  "(b) a company trainee; or

  (ba) an industry trainee; or".

77. Subsection 4(1) (paragraph (c) of the definition of "employee"):

After "person" insert "(other than a company trainee or an industry trainee)".

78. Subsection 4(2):

  Omit the subsection, substitute:

"(2) For the purposes of this Act, an industry trainee or a person mentioned in paragraph (c) of the definition of 'employee' is taken to be employed by the Fund until he or she next becomes a seafarer, and his or her employment is taken to be constituted by his or her attendance:

SCHEDULE—continued

    (a) in the case of an industry trainee—at an approved industry training course; and

    (b) in the case of a person mentioned in paragraph (c) of the definition of 'employee'—at a Seafarers Engagement Centre for the purpose of registering availability for employment or engagement on a prescribed ship.".

79. Subsection 4(3):

  (a) After "seafarer" (first occurring) insert "or of a company trainee".

  (b) After "seafarer" (second occurring) insert "or company trainee".

80. Paragraph 9(2)(c):

  Omit "prescribed", substitute "required".

81. Paragraph 9(2)(d):

Insert "if the employee is a person mentioned in paragraph (c) of the definition of 'employee' in subsection 4(1)—" before "while".

82. Subparagraph 9(2)(e)(v):

Omit "an approved industry training course", substitute "a required course of training".

83. Subsection 9(3):

  Omit "(1)(e)(i)", substitute "(2)(e)(i)".

84. Subsection 9(4):

  Omit "(1)", substitute "(2)".

85. Section 9:

  Add at the end:

  "(5) In this section:

'required course of training' means:

    (a) in relation to a company trainee—a training course that the trainee was required by the employer to undergo; or

    (b) in relation to an industry trainee—an approved industry training course.".

86. Subsection 13(5):

  Omit "industrial agreement", substitute "certified agreement".

87. Paragraph 13(6)(b):

  Omit "industrial agreement", substitute "certified agreement".

SCHEDULE—continued

88. After subsection 19(1):

  Insert:

"(1A) In addition, this Act applies to the employment of employees on any prescribed ship that is:

     (a) an off-shore industry vessel in relation to which a declaration under subsection 8A(2) of the Navigation Act is in force; or

     (b) a trading ship in relation to which a declaration under subsection 8AA(2) of that Act is in force.".

89. Subsection 19(5):

Omit "This Act does not apply", substitute "Subsection (3) does not have the effect of applying this Act".

90. Section 20:

Omit "CERC Act", substitute "Safety Rehabilitation