Occupational Health and Safety
(Maritime Industry) Consequential
Amendments Act 1993
No. 11 of 1994
An Act to make consequential amendments because of the
enactment of the Occupational Health and Safety (Maritime
Industry) Act 1993
[Assented to 18 January 1994]
The Parliament of Australia enacts:
Short title
1. This Act may be cited as the Occupational Health and Safety (Maritime Industry) Consequential Amendments Act 1993.
Commencement
2. This Act commences on the day on which Division 4 of Part 1 of the Occupational Health and Safety (Maritime Industry) Act 1993 commences.
Amendment of the Seafarers Rehabilitation and Compensation Act 1992
3. The Seafarers Rehabilitation and Compensation Act 1992 is amended as set out in the Schedule.
SCHEDULE Section 3
AMENDMENT OF THE SEAFARERS REHABILITATION
AND COMPENSATION ACT 1992
Section 3 (definition of “Authority”):
After “Seafarers” insert “Safety,”.
Section 3:
Insert:
“ ‘Australian Maritime Safety Authority’ means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;”.
Part 8, Division 1 (Heading):
After “Seafarers” insert “Safety,”.
Section 103:
After “Seafarers” insert “Safety,”.
Paragraph 104(e):
Omit the paragraph, substitute:
“(e) to formulate policies and strategies relating to the occupational health and safety of employees;
(f) to accredit occupational health and safety training courses for the purposes of section 47 of the Occupational Health and Safety (Maritime Industry) Act 1993;
(g) to advise the Minister about anything relating to the Authority’s functions and powers and other matters relating to the compensation and rehabilitation of employees;
(h) such other functions as are conferred on the Authority by this Act or any other Act.”.
Section 104:
Omit “, in addition to its other functions under this Act”.
Section 104:
Add at the end:
“Note: Additional functions are conferred on the Authority by the Occupational Health and Safety (Maritime Industry) Act 1993.”.
Section 109:
Add at the end:
“; (e) the Chief Executive Officer of the Australian Maritime Safety Authority.”.
Subsection 112(1):
Omit “or (d)”, substitute “, (d) or (e)”.
[Minister’s second reading speech made in—
Senate on 29 September 1993
House of Representatives on 24 November 1993]
Overview
The Occupational Health and Safety (Maritime Industry) Consequential Amendments Act 1993 was enacted to address the need for updating existing maritime industry legislation in response to the new Occupational Health and Safety (Maritime Industry) Act 1993. This Act was passed by the Parliament of Australia and was designed to ensure that other related laws were consistent with the new occupational health and safety standards introduced for the maritime industry. The primary objective of this Act is to align the Seafarers Rehabilitation and Compensation Act 1992 with the new regulatory framework established by the Occupational Health and Safety (Maritime Industry) Act 1993, thereby ensuring comprehensive coverage of occupational health and safety within the maritime sector.
Scope and Application
The Occupational Health and Safety (Maritime Industry) Consequential Amendments Act 1993 amends the Seafarers Rehabilitation and Compensation Act 1992 to integrate provisions from the newly enacted Occupational Health and Safety (Maritime Industry) Act 1993, thereby ensuring consistency and cohesion across maritime industry regulations. This Act applies to the Seafarers Rehabilitation and Compensation Act 1992, specifically addressing the Australian Maritime Safety Authority, which is established under the Australian Maritime Safety Authority Act 1990. The amendments extend to the functions of the Authority, including policy formulation and strategy relating to occupational health and safety, as well as accrediting training courses and advising the Minister. The Act operates nationally, impacting the maritime industry across Australia. There are no stated exclusions or thresholds in the Act itself, although further specifics and limitations may be defined in subordinate instruments or the primary Act. The amendments become effective on the commencement of Division 4 of Part 1 of the Occupational Health and Safety (Maritime Industry) Act 1993.
Key Provisions
The Occupational Health and Safety (Maritime Industry) Consequential Amendments Act 1993 (C2004A04687) is designed to make necessary changes to the Seafarers Rehabilitation and Compensation Act 1992 following the enactment of the Occupational Health and Safety (Maritime Industry) Act 1993. The Act commences on the same day as the commencement of Division 4 of Part 1 of the latter Act (section 2). The primary amendments involve the inclusion of occupational health and safety functions into the existing framework governed by the Seafarers Rehabilitation and Compensation Act 1992 (section 3). For instance, the definition of “Authority” is amended to include references to "Safety" and to define "Australian Maritime Safety Authority" (Schedule, section 3).
These amendments impose several obligations on the parties involved. The Authority is now tasked with formulating policies and strategies related to the occupational health and safety of employees (Schedule, section 104(e)). Additionally, the Authority must accredit occupational health and safety training courses as stipulated in section 47 of the Occupational Health and Safety (Maritime Industry) Act 1993 (Schedule, section 104(f)). The Authority is also required to advise the Minister on matters related to its functions and powers, as well as compensation and rehabilitation of employees (Schedule, section 104(g)). The Authority's functions are further expanded by the Occupational Health and Safety (Maritime Industry) Act 1993 (Schedule, section 104 Note).
Failure to comply with the provisions of this Act may lead to various consequences. While the Act itself does not specify detailed penalties, breaches of occupational health and safety regulations under the Occupational Health and Safety (Maritime Industry) Act 1993 may result in civil or criminal liability. The maximum penalties for breaches of the latter Act can be substantial, depending on the nature and severity of the offence, including fines and imprisonment terms. For instance, serious offences could attract penalties up to several thousand dollars and/or imprisonment for several years. Therefore, it is crucial for the Authority and other governed entities to adhere to the occupational health and safety requirements as mandated by the amended legislation.