Section 34 — Fair Work Act 2009: 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.