Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:5:p4
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 5 (pt 4/6)
Character Range: 44601–47322

ship was issued with at least 2 single voyage permits;
 (iv) within 15 months before commencing the voyage, the ship was issued with a continuous voyage permit.
transitional general licence means a licence issued under Division 1 of Part 4 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 following an application made under item 10 of Schedule 2 to the Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012.
transitional general licensed ship means a ship:
 (a) in relation to which a transitional general licence has been issued and is in force; and
 (b) which engages in coastal trading under the licence.
transit passage has the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
WA government employer means a public sector body (within the meaning of the Public Sector Management Act 1994 (WA) as in force at the commencement of Schedule 1 to the Fair Work Amendment (Christmas Island and Cocos (Keeling) Islands) Regulations 2018). However, to avoid doubt, the Shire of Christmas Island and the Shire of Cocos (Keeling) Islands are not WA government employers.

1.15C  Meanings of Australian employer and Australian‑based employee
  For paragraph 35(1)(g) of the Act, the employer of a person who is a member of the crew performing duties on a majority Australian‑crewed ship is prescribed as an Australian employer.

1.15D  Modification of application of Act—ships engaged in innocent passage
  For section 32 of the Act, the Act does not apply in relation to all the waters of the sea on the landward side of the outer limits of the territorial sea of Australia, including such waters within the limits of a State or Territory to the extent to which its application would be inconsistent with a right of innocent passage or transit passage being exercised by a ship other than:
 (a) an emergency licensed ship; or
 (b) a general licensed ship; or
 (c) a temporary licensed ship; or
 (d) a transitional general licensed ship; or
 (e) a majority Australian‑crewed ship.

1.15DA  Modification of application of Act—Christmas Island and Cocos (Keeling) Islands
  For the purposes of section 32 of the Act, the Act applies in relation to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if:
 (a) paragraph 14(1)(f) of the Act did not apply to the extent it would make a WA government employer a national system employer; and
 (b) Part 3‑1 of the Act did not apply to action taken in the Territory by or in relation to:
 (i) a WA government employer that would be a national system employer but for paragraph (a); or
 (ii) an individual so far