Navigation Act 1912 (Cth)
Text
Volume 1
Part I—Introductory
1 Short title [see Note 1] 2 Application of Act 2A Act to bind the Crown 3 Act does not apply to naval ships etc. 4 Application of provisions relating to steam-ships 5 Application of the Criminal Code 6 Interpretation 6A Answering questions 6B Desertion 6C Incompetency and misconduct of officers 6D Taking of ships to sea 6E Proper return port 6F Authority may approve form 7 Definition of coasting trade 7A Ships registered in Australia 8 Off-shore industry fixed structures, mobile units and vessels 8A Off-shore industry vessels to which Act applies 8AA Declaration that Act applies in relation to trading ships engaging in intra-state trade 8AB Declarations that Act applies in relation to fishing fleet support vessels on inter-state or intra-state voyages 8AC Expiration or revocation of declarations 8B Ships imported into Australia deemed to be registered in Australia 9 Delegation
Part II—Masters and seamen
Division 1—General
9A Definitions 10 Application of Part
Division 2—Superintendents
13 Superintendents
Division 2A—The manning of ships
14 Minimum complement of ships
Division 3—Qualifications of masters, officers and seamen
15 Regulations respecting qualifications and watchkeeping obligations of masters, officers and seamen 16 Unqualified person performing duties of master, officer or seaman 17 Certificates to be produced
Division 4—Supplying seamen
32 Penalty for receiving fees for supply of seamen
Division 7—Crew work in port
45 Employment of crew in loading and unloading
Division 8—Engagement of seamen
46 Engagement of seamen 47 Persons unsuitable for engagement 48 Report of circumstances rendering person unsuitable for engagement 48A Minimum age for employment at sea 50 Period of agreements 52 Owner or master to furnish details of crew of ship 53 Copy of agreement to be posted up 54 Agreements to be delivered to proper authority 55 Erasures and alterations 56 Offences 57 Evidence as to agreement 59 Obligation as to seaworthiness 59A Abolition of defence of common employment 59B Shipowner not entitled to limit liability in respect of certain claims
Division 9—Discharge of seamen
61 Provision of discharges to seamen 62A Discharge of seamen outside Australia 63 False discharges 68 Offences in relation to certificates of discharge
Division 10—Seamen’s wages
70 Allotment of seaman’s wages 71 Right to sue upon allotment notes 72 Commencement of payment 73 Allotment to banks 75 Payment of wages on discharge 75A Computation of wages 76 Account of wages on discharge 77 Time for payment of wages 78 Wages to run on in certain cases 81 Reference of differences to superintendent 82 Commencement of right to wages 83 Recovery of wages 84 Wages not to be dependent on the earning of freight 85 Right to conveyance and wages in case of termination of services by wreck or loss 88 Compensation for premature discharge 91 Jurisdiction as to wages 93 Wages not recoverable abroad in certain cases 94 Master’s remedies for wages
Division 12—Discipline
101 Smuggling by crew 104 Stowaways and distressed seamen 110 Return of foreign-going seaman to ship 113 Questions as to deductions
Division 13—Provisions
116 Bad provisions or water 117 Provisions adequate for voyage 117A Adequate food catering facilities to be provided 119 Weights and measures 120 Inspection of provisions and water 122 Disposal of bad provisions
Division 14—Health
123 Medical Inspectors of Seamen 124 Medical examination of masters and seamen 125 Medicines etc. to be carried on ships 126 Inspection of medicines 127 Owner liable for medical attendance etc. 128 Recovery of expenses from owner 132 Wages of seaman left on shore sick or injured 132A Security for expenses and wages of seaman left behind 132B Seaman left on shore to furnish address and to report for medical examination 133 Medical practitioners and first aid attendants 134 Regulations to give effect to the Medical Examination (Seafarers) Convention 1946
Division 15—Accommodation
135 Application of Division 136 Regulations relating to accommodation 137 Provision of ventilation and wheel-houses 138 Crew accommodation 138A Ships not to go to sea without required accommodation 138B Interpretation
Division 16—Protection of seamen
139 Facilities for making complaints etc. 140 Assignment of salvage 145 Persons unlawfully boarding, or remaining on board, ships 147 Exemptions from serving on jury 148 Rescission of contract 148A Seaman not to be wrongfully left behind 148C Wages and effects of seaman left behind 148D Wages and effects to be held in trust
Division 17—Property of deceased seamen
149 Interpretation 150 Master to take charge of money and effects 151 Death of seamen abroad 152 Penalty for not accounting for effects 153 Effects of deceased seaman not left on board 154 Recovery of wages of seaman lost with ship 155 Property of deceased seaman to be delivered to superintendent 155A Transmission of money and effects to Authority 156 Right of Authority to dispose of effects of deceased seaman 157 Wills of deceased seamen 158 Creditors’ claims 158A Sale of effects etc. by auction 159 Disposal of effects when no claim 160 Giving false evidence in connection with deceased seamen’s property
Division 18—Relief to seamen’s families
161 Relief of families by public institutions 162 Reimbursement of institutions
Division 19—Relief and maintenance of distressed seamen
163 Interpretation 163A Regulations may make provision for relief and maintenance of distressed seamen
Division 20—The master
164 All ships may be searched 167 Agreement to be produced 168 Documents to be handed over to master’s successor
Division 21—The log
171 Official log-book 172 Offences in relation to official log-book 172A Report of matters recorded in official log-book 173 Delivery of official log-book 174 Transmission of log-book to superintendent
Part III—Foreign seamen
177 Definition of seaman 178 Apprehension of seaman 180 Return to ship 183 Proceedings at instance of consul only 184 Proof of agreement 185 Expenses to be paid by consul 186 Expenses of returning foreign seamen left behind
Part IIIA—Pilotage
Division 1—General provisions applicable to pilotage
186A Application of Part 186B Definitions 186C Qualifications of pilots etc. 186D Regulations may make other provisions relating to pilotage etc. 186E Unqualified person performing duties of licensed pilot 186F Abuse of alcohol and other drugs
Division 2—Compulsory pilotage
186G Definitions 186H Regulations may provide for compulsory pilotage in certain circumstances 186I Offence to navigate without a licensed pilot 186J Licensed pilots to issue certificates 186K Exemption from requirement to navigate with a licensed pilot 186L Defence in proceedings for offences
Part IV—Ships and shipping
Division 1—General
187 Application of Part 187AA Issue of certificates in respect of ships to which this Act does not apply 187A Interpretation 187B Declaration of countries to which the Safety Convention applies 187BA Approval of classification certificates 187C When ships deemed to be overloaded 187D Certificate by Minister as to amendments of the Load Line Convention 187E Certificate by Minister as to amendments of the Safety Convention etc. 188 Exemptions 189 All ships liable to survey and inspection 190 Appointment of surveyors 190AA Powers of inspection of surveyors 190AB Publication of information about ships 190A Alterations etc. of ships and cancellation of certificates 190B Regulations relating to construction, surveys etc. 191 Regulations to give effect to Safety Convention 191A Discretions relating to regulations giving effect to Conventions 191B Offences with respect to subdivision load line marks 192A Detention of ships not registered in Australia 192B Stability information 192C Nuclear ships
Division 2—Surveys of steamships and survey certificates
193 Steamships to be surveyed periodically 194 Surveyors’ reports and declarations, and issue of certificates 195 Duration and extension of certificates 195A Cancellation of certificates if ship ceases to be registered in Australia 196 Certificates to be made available for examination 202 Overcrowding steamships 203 Alteration of certificates with respect to number of passengers 204 Inspection of ships exempt from survey 204A Non-application to certain ships 206 Operation of watertight doors etc.
Division 2A—Sailing ships
206B Application of Division 2 to sailing ships
Division 2B—Issue of safety certificates
206C Interpretation 206D Passenger steamships—safety certificates 206E Cargo steamships—safety construction certificates 206F Cargo steamships—safety equipment certificates 206G Cargo steamships—safety radio certificates 206GA Cargo steamships—safety certificates 206H Exemptions 206J Nuclear passenger ships—safety certificates 206K Nuclear cargo ships—safety certificates 206L Authority may request Safety Convention countries to issue certificates 206M Safety Convention countries may request Authority to issue certificates 206N Duration of certificates 206P Extension of certificates 206PA Cancellation of certificates if ship ceases to be registered in Australia 206Q Certificates to be made available for examination
Division 2C—Survey and safety certificates required for ships
206R Interpretation 206S Certificates required for Australian passenger steamships 206T Certificates required for Australian cargo steamships 206U Certificates required for Australian nuclear ships 206V Documentary evidence of seaworthiness required for non-Safety Convention ships not registered in Australia 206W Production of certificates or other documentary evidence 206X Modification of certificates
Division 3—Unseaworthy and substandard ships
207 Definition of seaworthy 207A Substandard ships 208 Sending unseaworthy ship to sea 209 Seaman may claim discharge from unseaworthy or substandard ship 210 Detention of unseaworthy and substandard ships 211 Costs of detention 212 Taking detained ship to sea 213 Security for costs 214 Circumstances where complainant liable for costs of detention
Division 4—Life-saving appliances and fire protection
215 Regulations may make provision in relation to life-saving and fire prevention 216A Modification of certificates in respect of life-saving appliances 217 Offences as to appliances
Division 5—Load lines
218 Interpretation 219 Declaration of Load Line Convention countries 220 Load line regulations 221 Exemptions 222 Issue of load line certificates 223 Issue of exemption certificates 224 Duration, extension and cancellation of certificates 225 Particulars in certificate to be entered in log-book 226 Authority may issue certificate at request of Load Line Convention country 227 Authority may request Load Line Convention country to issue certificates 227A Ships not to proceed to sea without load line certificates 227B Ships not to be overloaded 227C Detention of ships incorrectly marked 227D Offences with respect to marks 227E Inspection of non-Australian Load Line Convention ships
Division 6—Signals of distress
228 Ships to be furnished with distress signals 229 Signals of distress and urgency 230 Compensation for loss occasioned by improper use of signals
Division 6A—Radio equipment
231 Application of Division 231A Ships to be equipped with radio installations and radio navigational aids 231B Radio operators 231C Maintenance and use of radio equipment and radio services 231D Deficiency in number of operators on Safety Convention ships 231E Log-books 231F Regulations providing for radio installations etc.
Division 7—Compasses
232 Regulations 233 Ships not to be taken to sea without proper compasses 234 Ship unseaworthy if not equipped with proper compasses
Division 8—Musters, drills and checks and tests of machinery and equipment
235 Musters and drills 236 Machinery and equipment checks and tests
Division 9—Containers
237 Interpretation 238 Declaration of countries to which the Container Convention applies 239 Certificate by Minister as to amendments of the Container Convention 240 Regulations to give effect to the Container Convention 241 Safety requirements and tests not required or permitted by the Container Convention not to be imposed
Division 10—Dangerous goods, livestock, grain, deck and other cargoes
248 Definition of dangerous goods 249 Shipping of dangerous goods 250 Powers of owner or master as to dangerous goods 251 Right to decline to sail in ships carrying dangerous goods 252 Forfeiture of dangerous goods 253 False descriptions 253A Carriage of dangerous goods 254 Prohibition on carriage of cargo 255 Notice of intention to ship 257 Loading, stowing, carriage and unloading of cargo
Division 11—Collisions, loss and damage
258 Collisions, lights and signals 258AA Certificate by Minister as to amendments of the Prevention of Collisions Convention 258A Careful navigation near ice 259 Rule as to division of loss 260 Damages for personal injuries 261 Right of contribution 261A Application of sections 259, 260 and 261 to Defence ships 263 Abolition of statutory presumption of fault 264 Master to render assistance and abolition of statutory presumption of fault 265 Obligation to render assistance 265A Liability of charterers etc.
Division 12—Ships carrying or using oil
266 Interpretation 267 Application of Division 267A Regulations to give effect to certain Regulations of Annex I 267B Ship construction certificates 267C International Oil Pollution Prevention Certificates 267D Alteration etc. of construction of ships and cancellation of certificates 267E Ships to be surveyed periodically 267F Cancellation of certificate if ship ceases to be registered etc. 267G Certificates required for Australian ships 267H Certificates to be carried on board Australian ships 267J Production of certificates 267K Directions in relation to foreign ships
Division 12A—Ships carrying noxious liquid substances in bulk
267M Interpretation 267N Application of Division 267P Regulations to give effect to regulation 11 of Annex II 267Q Chemical tanker construction certificates 267R International Pollution Prevention Certificates for the Carriage of Noxious Liquid Substances in Bulk 267S Alteration etc. of construction of ships and cancellation of certificates 267T Ships to be surveyed periodically 267U Cancellation of certificate if ship ceases to be an Australian ship 267V Certificates required for Australian ships 267W Certificates to be carried on board Australian ships 267X Production of certificates 267Y Directions in relation to foreign ships
Division 12B—Ships carrying packaged harmful substances
267ZA Interpretation 267ZB Application of Division 267ZC Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III
Division 12C—Sewage
267ZD Interpretation 267ZE Application of Division 267ZF Regulations to give effect to Regulations 4, 9 and 10 of Annex IV 267ZG International Sewage Pollution Prevention Certificates for Australian ships 267ZH International Sewage Pollution Prevention Certificates for foreign ships 267ZJ Alteration etc. of construction of ships and cancellation of certificates 267ZK Ships to be surveyed periodically 267ZL Cancellation of sewage certificate if ship ceases to be an Australian ship 267ZM Certificates required for Australian ships 267ZN Certificates to be carried on board Australian ships 267ZP Production of certificates 267ZQ Directions in relation to foreign ships 267ZS Operation of Division
Division 12D—Air pollution
267ZT Definitions 267ZU Application of Division 267ZV Regulations to give effect to Regulations 5, 6, 8, 9, 13 and 16 of Annex VI 267ZW Air pollution prevention certificates for Australian ships 267ZX International Air Pollution Prevention Certificates for foreign ships 267ZY Obligation to report damage etc. to ship 267ZZ Authority may cancel certificates 267ZZA Ships to be surveyed periodically 267ZZB Certificate lapses if ship ceases to be Australian ship 267ZZC Certificates required for Australian ships 267ZZD Certificates to be carried on board Australian ships 267ZZE Production of certificate 267ZZF Directions in relation to foreign ships
Division 13—Report of accidents and of dangers to navigation
268 Accidents etc. to be reported 269 Notification of loss of ships 269A Report of dangers to navigation
Division 14—Report of movement of ships
269B Definitions 269C Objects of Division 269D Regulations relating to reporting requirements
Part V—Passengers
270 Regulations as to passenger trade 272 Provision for passengers wrecked 273 Assurances in connection with passages 274 Responsibility of owner to other persons 275 Passenger landed elsewhere than at destination 276 Right of action by passenger 278 Obstructing ship or machinery 279 Power to exclude certain persons 280 Taking passage for lunatic, or sending lunatic on board 281 Offences on ships by disorderly persons 282 Offences by passengers
Part VA—Special purpose ships and special personnel
283 Interpretation 283A Power to make regulations 283B Special personnel not passengers
Part VB—Off-shore industry vessels and off-shore industry mobile units
283C Extension to prescribed Territories 283D Regulations with respect to off-shore industry vessels 283E Regulations with respect to off-shore industry mobile units 283F Directions with respect to off-shore industry mobile units 283G Off-shore industry vessels and mobile units not registered in Australia deemed to be registered in Australia 283H Personnel of off-shore industry vessels and mobile units not passengers 283J Notices by Minister as to International Maritime Organization resolutions 283K Regulations, orders and directions inconsistent with Offshore Petroleum and Greenhouse Gas Storage Act 2006 etc.
Part VI—The coasting trade
284 Application of Part 286 Permits to unlicensed ships 287 Ships in receipt of subsidies 288 Licensing of ships to engage in coasting trade 289 Payment of Australian rates of wages 290 Indorsement of rate of wages on agreement 291 Seamen’s rights not affected by agreement 292 Evidence of rates of wages 293 Responsibility of master, owner and agent for compliance with Act 293A Power to suspend provisions as to coasting trade
Part VII—Wrecks and salvage
Division 1—Interpretation
294 Interpretation 295 Powers of Customs reserved 295A Certain provisions of Part not applicable to historic wrecks 295B Certain provisions of Part not applicable to certain wrecks
Division 2—Wreck
296 Receiver where ship in distress 297 Powers of receiver to require assistance 298 Power to pass over private land to assist at wreck 299 Power of receiver to suppress plunder and disorder by force 300 Exercise of powers when receiver absent 301 Examination on oath as to wrecks 302 Finding or taking possession of wreck 303 Penalty for retaining possession of wreck 304 Notice to be posted in Customs-house 305 Claim of owner to wreck 306 Sale of wreck by receiver 307 Expenses connected with wreck 308 Right of Commonwealth 309 Sale of unclaimed wreck by receiver 310 Discharge of receiver from liability 311 Disputes as to title to wreck 312 Taking wreck out of Australia 313 Boarding ship in distress without authority 314 Offences as to wreck 314A Removal of wrecks on or near coast
Division 3—Salvage
315 Certain provisions of Salvage Convention to have force of law 316 Application of this Division 317 Application of section 2 to this Division 317A Assistance to persons in danger at sea 329B Salvage claims against the Crown 329C Salvage claims by the Crown
Part VIII—Exclusion of shipowners’ liability
Division 2—Exclusion of liability
338 Ship owner not to be liable in certain cases of loss of, or damage to, goods
Part IXA—Review of decisions
377B Decisions under Part I 377C Decisions under Part II 377CA Decisions under Part IIIA 377D Principal decisions under Part IV in relation to certificates and exemptions 377E Other decisions under Division 1 of Part IV 377F Other decisions under Division 3 of Part IV 377G Other decisions under Divisions 4, 5, 6A and 10 of Part IV 377H Other decisions under Divisions 12, 12A, 12C and 12D of Part IV 377J Decisions under Part VB 377JA Decisions under Part VI 377K Decisions under Part XA 377L Decisions under Part XI 377M Statements to accompany notices
Part X—Legal proceedings
Division 1—Jurisdiction
378 Place where deemed to have been committed 379 Presumption of jurisdiction 380 Jurisdiction over ships lying off coast 384 Action against official
Division 2—Offences
385 Definitions 386 General offences 386A Impairment of person’s capacity to carry out duties as master or seaman 386B Unacceptable blood alcohol content 386C Master or seaman may be required to undergo examination or to provide samples 386D Refusal to provide sample of breath for analysis 386E Refusal to submit to physical examination or to provide samples 386F Consumption of alcohol before undergoing examination etc. 386G Medical drugs 386H Permitting or requiring performance of duties by impaired person 386J Regulations 387 Hindering or interfering with masters or officers 387A Persuading or inciting breach of agreement 388 Being on board a ship unlawfully 389 False declarations etc. 389A Offences in connection with certificates 391 Beneficial owners subject to pecuniary penalties
Division 3—Prosecution and penalties
395A Proceedings against Corporations 396 Limitation of actions 397 Offences against certain provisions of Act and regulations 399 Distress and sale of ships
Division 4—Evidence and service
400 Production of depositions 401 Proof of certificates and other documents 402 Evidence as to execution 403 Admissibility of documents in evidence 403A Evidence in proceedings 404 Service of summons 405 Service of notice where there is no master
Division 5—Proceedings against the Crown
405A Proceedings against the Crown
Part XA—Tonnage measurement of ships
405B Interpretation 405C Declaration of countries to which the Tonnage Measurement Convention applies 405D Certificate by Minister as to amendments of Convention 405E Tonnage measurement regulations 405F Issue of tonnage measurement certificates 405G Extension and cancellation of certificates 405H Tonnage Measurement Convention country may request Authority to issue certificate 405J Authority may request Tonnage Measurement Convention country to issue certificate 405K Power of inspection of surveyors 405M Register tonnage of non-Convention ships 405N Tonnage of non-Convention ships to be measured in certain cases 405P Assignment of other tonnages to non-Convention ships
Part XI—Miscellaneous
407 Application of penalties and moneys 410 Copy of Act to be kept on certain ships 410A Charts 410B Civil liability in relation to ship under pilotage 411 Liability of master or owner under vessel traffic management arrangements 412 Search of vessels 413 Powers of Minister 414 Detention of ships 415 Taking official to sea 416 Refusal of clearance 417 Births, deaths etc. 418A Security 419 Seal 421 Power of exemption 424 Marine Council 425 Regulations 426A Power to provide in orders for review of decisions 427 Ministerial orders concerning Uniform Shipping Laws Code and the NSCV
Volume 2
ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ANNEX CHAPTER I GENERAL PROVISIONS PART A—APPLICATION, DEFINITIONS, ETC. Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 PART B—SURVEYS AND CERTIFICATES Regulation 6 Regulation 7 Regulation 8 Regulation 9 Regulation 10 Regulation 11 Regulation 12 Regulation 13 Regulation 14 Regulation 15 Regulation 16 Regulation 17 Regulation 18 Regulation 19 Regulation 20 PART C—CASUALTIES Regulation 21 CHAPTER II–1 CONSTRUCTION—SUBDIVISION AND STABILITY, MACHINERY AND ELECTRICAL INSTALLATIONS PART A—GENERAL Regulation 1 Regulation 2 PART B—SUBDIVISION AND STABILITY Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 Regulation 8 Regulation 9 Regulation 10 Regulation 11 Regulation 12 Regulation 13 Regulation 14 Regulation 15 Regulation 16 Regulation 17 Regulation 18 Regulation 19 Regulation 20 Regulation 21 Regulation 22 PART C—MACHINERY AND ELECTRICAL INSTALLATIONS Regulation 23 Regulation 24 Regulation 25 Regulation 26 Regulation 27 Regulation 28 Regulation 29 Regulation 30 Regulation 31 Regulation 32 CHAPTER II–2 CONSTRUCTION—FIRE PROTECTION, FIRE DETECTION AND FIRE EXTINCTION PART A—GENERAL Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 Regulation 8 Regulation 9 Regulation 10 Regulation 11 Regulation 12 Regulation 13 Regulation 14 Regulation 15 Regulation 16 PART B—FIRE SAFETY MEASURES FOR PASSENGER SHIPS CARRYING MORE THAN 36 PASSENGERS Regulation 17 Regulation 18 Regulation 19 Regulation 20 Regulation 21 Regulation 22 Regulation 23 Regulation 24 Regulation 25 Regulation 26 Regulation 27 Regulation 28 Regulation 29 Regulation 30 Regulation 31 Regulation 32 Regulation 33 Regulation 34 PART C—FIRE SAFETY MEASURES FOR PASSENGER SHIPS CARRYING NOT MORE THAN 36 PASSENGERS Regulation 35 Regulation 36 Regulation 37 Regulation 38 Regulation 39 Regulation 40 Regulation 41 Regulation 42 Regulation 43 Regulation 44 Regulation 45 Regulation 46 Regulation 47 Regulation 48 Regulation 49 Regulation 50 PART D—FIRE SAFETY MEASURES FOR CARGO SHIPS Regulation 51 Regulation 52 Regulation 53 Regulation 54 PART E—FIRE SAFETY MEASURES FOR TANKERS Regulation 55 Regulation 56 Regulation 57 Regulation 58 Regulation 59 Regulation 60 Regulation 61 Regulation 62 Regulation 63 Regulation 64 PART F—SPECIAL FIRE SAFETY MEASURES FOR EXISTING PASSENGER SHIPS Regulation 65 Regulation 66 Regulation 67 Regulation 68 Regulation 69 Regulation 70 Regulation 71 Regulation 72 Regulation 73 Regulation 74 Regulation 75 Regulations 76 Regulation 77 Regulation 78 Regulation 79 Regulation 80 Regulation 81 Regulation 82 Regulation 83 Regulation 84 Regulation 85 CHAPTER III LIFE-SAVING APPLIANCES, ETC. Regulation 1 PART A—GENERAL Regulation 2 Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 Regulation 8 Regulation 9 Regulation 10 Regulation 11 Regulation 12 Regulation 13 Regulation 14 Regulation 15 Regulation 16 Regulation 17 Regulation 18 Regulation 19 Regulation 20 Regulation 21 Regulation 22 Regulation 23 Regulation 24 Regulation 25 Regulation 26 PART B—PASSENGER SHIPS ONLY Regulation 27 Regulation 28 Regulation 29 Regulation 30 Regulation 31 Regulation 32 Regulation 33 Regulation 34 PART C—CARGO SHIPS ONLY Regulation 35 Regulation 36 Regulation 37 Regulation 38 CHAPTER IV RADIOTELEGRAPHY AND RADIOTELEPHONY PART A—APPLICATION AND DEFINITIONS Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 PART B—WATCHES Regulation 6 Regulation 7 Regulation 8 PART C—TECHNICAL REQUIREMENTS Regulation 9 Regulation 10 Regulation 11 Regulation 12 Regulation 13 Regulation 14 Regulation 15 Regulation 16 Regulation 17 Regulation 18 PART D—RADIO LOGS Regulation 19 CHAPTER V SAFETY OF NAVIGATION Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 Regulation 8 Regulation 9 Regulation 10 Regulation 11 Regulation 12 Regulation 13 Regulation 14 Regulation 15 Regulation 16 Regulation 17 Regulation 18 Regulation 19 Regulation 20 Regulation 21 CHAPTER VI CARRIAGE OF GRAIN PART A—GENERAL PROVISIONS Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 Regulation 8 Regulation 9 Regulation 10 Regulation 11 Regulation 12 Regulation 13 PART B—CALCULATION OF ASSUMED HEELING MOMENTS SECTION I—DESCRIPTION OF THE ASSUMED VOIDS AND METHOD OF CALCULATING INTACT STABILITY SECTION II—ASSUMED VOLUMETRIC HEELING MOMENT OF A FILLED COMPARTMENT SECTION III—ASSUMED VOLUMETRIC HEELING MOMENT OF FEEDERS AND TRUNKS SECTION IV—ASSUMED VOLUMETRIC HEELING MOMENT OF PARTLY FILLED COMPARTMENTS SECTION V—ALTERNATIVE LOADING ARRANGEMENTS FOR EXISTING SHIPS PART C—GRAIN FITTINGS AND SECURING SECTION I—STRENGTH OF GRAIN FITTINGS SECTION II—SECURING OF PARTLY FILLED COMPARTMENTS CHAPTER VII CARRIAGE OF DANGEROUS GOODS Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 CHAPTER VIII NUCLEAR SHIPS Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 Regulation 8 Regulation 9 Regulation 10 Regulation 11 Regulation 12 APPENDIX
Volume 3
ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ANNEX MODIFICATIONS AND ADDITIONS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974 CHAPTER I GENERAL PROVISIONS PART A—APPLICATION, DEFINITIONS, ETC. Regulation 2 PART B—SURVEYS AND CERTIFICATES Regulation 6 Regulation 7 Regulation 8 Regulation 10 Regulation 11 Regulation 14 Regulation 19 CHAPTER II–1 CONSTRUCTION—SUBDIVISION AND STABILITY, MACHINERY AND ELECTRICAL INSTALLATIONS PART A—GENERAL Regulation 1 Regulation 2 PART C—MACHINERY AND ELECTRICAL INSTALLATIONS Regulation 29 CHAPTER II–2 CONSTRUCTION—FIRE PROTECTION, FIRE DETECTION AND FIRE EXTINCTION PART A—GENERAL Regulation 1 Regulation 3 PART E—FIRE SAFETY MEASURES FOR TANKERS Regulation 55 Regulation 60 CHAPTER V SAFETY OF NAVIGATION Regulation 12 Regulation 19 Regulation 19-1 Regulation 19-2 APPENDIX
Schedule 3—Convention on the International Regulations for Preventing Collisions at Sea, 1972
ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 PART A—GENERAL RULE 1 RULE 2 RULE 3 PART B—STEERING AND SAILING RULES SECTION I—CONDUCT OF VESSELS IN ANY CONDITION OF VISIBILITY RULE 4 RULE 5 RULE 6 RULE 7 RULE 8 RULE 9 RULE 10
RULE 11 RULE 12 RULE 13 RULE 14 RULE 15 RULE 16 RULE 17 RULE 18 SECTION III—CONDUCT OF VESSELS IN RESTRICTED VISIBILITY RULE 19 PART C—LIGHTS AND SHAPES RULE 20 RULE 21 RULE 22 RULE 23 RULE 24 RULE 25 RULE 26 RULE 27 RULE 28 RULE 29 RULE 30 RULE 31 PART D—SOUND AND LIGHT SIGNALS RULE 33 RULE 34 RULE 35 RULE 36 RULE 37 PART E—EXEMPTIONS RULE 38 ANNEX I POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES ANNEX II ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING IN CLOSE PROXIMITY ANNEX III TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES ANNEX IV DISTRESS SIGNALS
Schedule 4—Articles of, and Annexes to, the Load Line Convention
ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ANNEX I REGULATIONS FOR DETERMINING LOAD LINES CHAPTER I.—GENERAL Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 Regulation 8 Regulation 9 CHAPTER II.—CONDITIONS OF ASSIGNMENT OF FREEBOARD Regulation 10 Regulation 11 Regulation 12 Regulation 13 Regulation 14 Regulation 15 Regulation 16 Regulation 17 Regulation 18 Regulation 19 Regulation 20 Regulation 21 Regulation 22 Regulation 23 Regulation 24 Regulation 25 Regulation 26 CHAPTER III.—FREEBOARDS Regulation 27 Regulation 28 Regulation 29 Regulation 30 Regulation 31 Regulation 32 Regulation 33 Regulation 34 Regulation 35 Regulation 36 Regulation 37 Regulation 38 Regulation 39 Regulation 40 CHAPTER IV.—SPECIAL REQUIREMENTS FOR SHIPS ASSIGNED TIMBER FREEBOARDS Regulation 41 Regulation 42 Regulation 43 Regulation 44 Regulation 45 ANNEX II ZONES, AREAS AND SEASONAL PERIODS Regulation 46 Regulation 47 Regulation 48 Regulation 49 Regulation 50 Regulation 51 Regulation 52 ANNEX III CERTIFICATES
Schedule 5—International Convention for Safe Containers
ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ANNEX I REGULATIONS FOR THE TESTING, INSPECTION, APPROVAL AND MAINTENANCE OF CONTAINERS CHAPTER I—REGULATIONS COMMON TO ALL SYSTEMS OF APPROVAL
Regulation 1 Regulation 2
CHAPTER II—REGULATIONS FOR APPROVAL OF NEW CONTAINERS BY DESIGN TYPE
Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 CHAPTER III—REGULATIONS FOR APPROVAL OF NEW CONTAINERS BY INDIVIDUAL APPROVAL Regulation 8 CHAPTER IV—REGULATIONS FOR APPROVAL OF EXISTING CONTAINERS Regulation 9 APPENDIX ANNEX II STRUCTURAL SAFETY REQUIREMENTS AND TESTS
Schedule 5A—1981 Amendments to Annex I of the International Convention for Safe Containers (CSC)
CHAPTER I
Regulation 2
CHAPTER IV
Regulation 9
Schedule 8—International Convention on Tonnage Measurement of Ships, 1969
ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ANNEX I REGULATIONS FOR DETERMINING GROSS AND NET TONNAGES OF SHIPS
Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7
ANNEX II CERTIFICATE APPENDIX 1 APPENDIX 2
Schedule 9
PART A INTERNATIONAL CONVENTION ON SALVAGE, 1989
Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34
PART B COMMON UNDERSTANDING CONCERNING ARTICLES 13 AND 14 OF THE INTERNATIONAL CONVENTION ON SALVAGE, 1989
Volume 4 Navigation Act 1912
Act No. 4 of 1913 as amended
This compilation was prepared on 17 October 2011
taking into account amendments up to Act No. 46 of 2011Volume 1 includes: Table of Contents
Sections 1–427The text of any of those amendments not in force
on that date is appended in the Notes sectionThe operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes sectionVolume 2 includes: Table of Contents
Schedule 1Volume 3 includes: Table of Contents
Schedules 2–9Volume 4 includes: Note 1
Table of Acts
Act Notes
Table of Amendments
Notes 2–4
Table APrepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part I—Introductory 1
1............ Short title [see Note 1]........................................................................ 1
2............ Application of Act............................................................................... 1
2A......... Act to bind the Crown......................................................................... 2
3............ Act does not apply to naval ships etc.................................................. 2
4............ Application of provisions relating to steam‑ships............................... 2
5............ Application of the Criminal Code....................................................... 2
6............ Interpretation....................................................................................... 2
6A......... Answering questions........................................................................ 12
6B......... Desertion........................................................................................... 12
6C......... Incompetency and misconduct of officers......................................... 12
6D......... Taking of ships to sea....................................................................... 13
6E.......... Proper return port.............................................................................. 13
6F.......... Authority may approve form............................................................. 14
7............ Definition of coasting trade............................................................... 14
7A......... Ships registered in Australia............................................................. 15
8............ Off‑shore industry fixed structures, mobile units and vessels........... 15
8A......... Off‑shore industry vessels to which Act applies............................... 17
8AA...... Declaration that Act applies in relation to trading ships engaging in intra‑state trade 17
8AB...... Declarations that Act applies in relation to fishing fleet support vessels on inter‑state or intra‑state voyages 18
8AC...... Expiration or revocation of declarations............................................ 18
8B......... Ships imported into Australia deemed to be registered in Australia.. 19
9............ Delegation......................................................................................... 19
Part II—Masters and seamen 21
Division 1—General 21
9A......... Definitions........................................................................................ 21
10.......... Application of Part............................................................................ 21
Division 2—Superintendents 23
13.......... Superintendents................................................................................. 23
Division 2A—The manning of ships 24
14.......... Minimum complement of ships......................................................... 24
Division 3—Qualifications of masters, officers and seamen 26
15.......... Regulations respecting qualifications and watchkeeping obligations of masters, officers and seamen 26
16.......... Unqualified person performing duties of master, officer or seaman.. 27
17.......... Certificates to be produced................................................................ 27
Division 4—Supplying seamen 29
32.......... Penalty for receiving fees for supply of seamen................................ 29
Division 7—Crew work in port 30
45.......... Employment of crew in loading and unloading................................. 30
Division 8—Engagement of seamen 31
46.......... Engagement of seamen...................................................................... 31
47.......... Persons unsuitable for engagement................................................... 32
48.......... Report of circumstances rendering person unsuitable for engagement 33
48A....... Minimum age for employment at sea................................................ 33
50.......... Period of agreements......................................................................... 33
52.......... Owner or master to furnish details of crew of ship........................... 35
53.......... Copy of agreement to be posted up................................................... 35
54.......... Agreements to be delivered to proper authority................................. 35
55.......... Erasures and alterations..................................................................... 36
56.......... Offences............................................................................................ 36
57.......... Evidence as to agreement.................................................................. 36
59.......... Obligation as to seaworthiness.......................................................... 36
59A....... Abolition of defence of common employment.................................. 37
59B....... Shipowner not entitled to limit liability in respect of certain claims... 37
Division 9—Discharge of seamen 38
61.......... Provision of discharges to seamen.................................................... 38
62A....... Discharge of seamen outside Australia............................................. 38
63.......... False discharges................................................................................ 39
68.......... Offences in relation to certificates of discharge................................. 39
Division 10—Seamen’s wages 40
70.......... Allotment of seaman’s wages........................................................... 40
71.......... Right to sue upon allotment notes..................................................... 41
72.......... Commencement of payment.............................................................. 41
73.......... Allotment to banks............................................................................ 41
75.......... Payment of wages on discharge........................................................ 42
75A....... Computation of wages...................................................................... 42
76.......... Account of wages on discharge........................................................ 42
77.......... Time for payment of wages............................................................... 43
78.......... Wages to run on in certain cases....................................................... 44
81.......... Reference of differences to superintendent........................................ 45
82.......... Commencement of right to wages..................................................... 45
83.......... Recovery of wages............................................................................ 45
84.......... Wages not to be dependent on the earning of freight......................... 46
85.......... Right to conveyance and wages in case of termination of services by wreck or loss 46
88.......... Compensation for premature discharge............................................. 48
91.......... Jurisdiction as to wages.................................................................... 48
93.......... Wages not recoverable abroad in certain cases.................................. 48
94.......... Master’s remedies for wages............................................................ 49
Division 12—Discipline 50
101........ Smuggling by crew........................................................................... 50
104........ Stowaways and distressed seamen.................................................... 50
110........ Return of foreign‑going seaman to ship............................................ 50
113........ Questions as to deductions................................................................ 51
Division 13—Provisions 52
116........ Bad provisions or water.................................................................... 52
117........ Provisions adequate for voyage........................................................ 52
117A..... Adequate food catering facilities to be provided................................ 53
119........ Weights and measures....................................................................... 53
120........ Inspection of provisions and water................................................... 53
122........ Disposal of bad provisions............................................................... 54
Division 14—Health 55
123........ Medical Inspectors of Seamen.......................................................... 55
124........ Medical examination of masters and seamen..................................... 55
125........ Medicines etc. to be carried on ships................................................. 55
126........ Inspection of medicines..................................................................... 56
127........ Owner liable for medical attendance etc............................................ 56
128........ Recovery of expenses from owner.................................................... 57
132........ Wages of seaman left on shore sick or injured.................................. 58
132A..... Security for expenses and wages of seaman left behind.................... 61
132B..... Seaman left on shore to furnish address and to report for medical examination 62
133........ Medical practitioners and first aid attendants..................................... 63
134........ Regulations to give effect to the Medical Examination (Seafarers) Convention 1946 63
Division 15—Accommodation 65
135........ Application of Division..................................................................... 65
136........ Regulations relating to accommodation............................................. 65
137........ Provision of ventilation and wheel‑houses........................................ 66
138........ Crew accommodation........................................................................ 66
138A..... Ships not to go to sea without required accommodation................... 67
138B..... Interpretation..................................................................................... 67
Division 16—Protection of seamen 69
139........ Facilities for making complaints etc.................................................. 69
140........ Assignment of salvage...................................................................... 69
145........ Persons unlawfully boarding, or remaining on board, ships............. 69
147........ Exemptions from serving on jury...................................................... 70
148........ Rescission of contract....................................................................... 70
148A..... Seaman not to be wrongfully left behind........................................... 70
148C..... Wages and effects of seaman left behind........................................... 71
148D..... Wages and effects to be held in trust................................................. 72
Division 17—Property of deceased seamen 73
149........ Interpretation..................................................................................... 73
150........ Master to take charge of money and effects...................................... 73
151........ Death of seamen abroad.................................................................... 73
152........ Penalty for not accounting for effects................................................ 74
153........ Effects of deceased seaman not left on board.................................... 75
154........ Recovery of wages of seaman lost with ship.................................... 75
155........ Property of deceased seaman to be delivered to superintendent........ 76
155A..... Transmission of money and effects to Authority.............................. 76
156........ Right of Authority to dispose of effects of deceased seaman............ 76
157........ Wills of deceased seamen.................................................................. 77
158........ Creditors’ claims............................................................................... 78
158A..... Sale of effects etc. by auction............................................................ 79
159........ Disposal of effects when no claim.................................................... 79
160........ Giving false evidence in connection with deceased seamen’s property 80
Division 18—Relief to seamen’s families 81
161........ Relief of families by public institutions............................................. 81
162........ Reimbursement of institutions........................................................... 81
Division 19—Relief and maintenance of distressed seamen 83
163........ Interpretation..................................................................................... 83
163A..... Regulations may make provision for relief and maintenance of distressed seamen 83
Division 20—The master 85
164........ All ships may be searched................................................................. 85
167........ Agreement to be produced................................................................ 85
168........ Documents to be handed over to master’s successor........................ 86
Division 21—The log 87
171........ Official log‑book............................................................................... 87
172........ Offences in relation to official log‑book............................................ 87
172A..... Report of matters recorded in official log‑book................................. 88
173........ Delivery of official log‑book............................................................. 88
174........ Transmission of log‑book to superintendent..................................... 88
Part III—Foreign seamen 90
177........ Definition of seaman......................................................................... 90
178........ Apprehension of seaman................................................................... 90
180........ Return to ship.................................................................................... 90
183........ Proceedings at instance of consul only.............................................. 91
184........ Proof of agreement............................................................................ 91
185........ Expenses to be paid by consul.......................................................... 91
186........ Expenses of returning foreign seamen left behind............................. 91
Part IIIA—Pilotage 92
Division 1—General provisions applicable to pilotage 92
186A..... Application of Part............................................................................ 92
186B..... Definitions........................................................................................ 92
186C..... Qualifications of pilots etc................................................................. 92
186D..... Regulations may make other provisions relating to pilotage etc........ 94
186E...... Unqualified person performing duties of licensed pilot..................... 94
186F...... Abuse of alcohol and other drugs..................................................... 95
Division 2—Compulsory pilotage 97
186G..... Definitions........................................................................................ 97
186H..... Regulations may provide for compulsory pilotage in certain circumstances 98
186I....... Offence to navigate without a licensed pilot...................................... 98
186J...... Licensed pilots to issue certificates.................................................... 99
186K..... Exemption from requirement to navigate with a licensed pilot.......... 99
186L...... Defence in proceedings for offences............................................... 100
Part IV—Ships and shipping 101
Division 1—General 101
187........ Application of Part.......................................................................... 101
187AA.. Issue of certificates in respect of ships to which this Act does not apply 101
187A..... Interpretation................................................................................... 102
187B..... Declaration of countries to which the Safety Convention applies.... 107
187BA.. Approval of classification certificates.............................................. 107
187C..... When ships deemed to be overloaded............................................. 107
187D..... Certificate by Minister as to amendments of the Load Line Convention.. 109
187E...... Certificate by Minister as to amendments of the Safety Convention etc. 109
188........ Exemptions..................................................................................... 109
189........ All ships liable to survey and inspection......................................... 110
190........ Appointment of surveyors.............................................................. 110
190AA.. Powers of inspection of surveyors.................................................. 110
190AB.. Publication of information about ships............................................ 111
190A..... Alterations etc. of ships and cancellation of certificates................... 112
190B..... Regulations relating to construction, surveys etc............................. 113
191........ Regulations to give effect to Safety Convention.............................. 114
191A..... Discretions relating to regulations giving effect to Conventions..... 114
191B..... Offences with respect to subdivision load line marks..................... 115
192A..... Detention of ships not registered in Australia................................. 116
192B..... Stability information........................................................................ 116
192C..... Nuclear ships.................................................................................. 116
Division 2—Surveys of steamships and survey certificates 118
193........ Steamships to be surveyed periodically........................................... 118
194........ Surveyors’ reports and declarations, and issue of certificates......... 118
195........ Duration and extension of certificates............................................. 119
195A..... Cancellation of certificates if ship ceases to be registered in Australia 120
196........ Certificates to be made available for examination............................ 120
202........ Overcrowding steamships............................................................... 120
203........ Alteration of certificates with respect to number of passengers....... 121
204........ Inspection of ships exempt from survey......................................... 121
204A..... Non‑application to certain ships...................................................... 122
206........ Operation of watertight doors etc.................................................... 122
Division 2A—Sailing ships 123
206B..... Application of Division 2 to sailing ships....................................... 123
Division 2B—Issue of safety certificates 124
206C..... Interpretation................................................................................... 124
206D..... Passenger steamships—safety certificates....................................... 124
206E...... Cargo steamships—safety construction certificates......................... 125
206F...... Cargo steamships—safety equipment certificates............................ 126
206G..... Cargo steamships—safety radio certificates.................................... 126
206GA.. Cargo steamships—safety certificates............................................. 127
206H..... Exemptions..................................................................................... 127
206J...... Nuclear passenger ships—safety certificates................................... 128
206K..... Nuclear cargo ships—safety certificates.......................................... 128
206L...... Authority may request Safety Convention countries to issue certificates 129
206M.... Safety Convention countries may request Authority to issue certificates 129
206N..... Duration of certificates.................................................................... 130
206P...... Extension of certificates.................................................................. 130
206PA... Cancellation of certificates if ship ceases to be registered in Australia 130
206Q..... Certificates to be made available for examination............................ 130
Division 2C—Survey and safety certificates required for ships 131
206R..... Interpretation................................................................................... 131
206S...... Certificates required for Australian passenger steamships.............. 131
206T...... Certificates required for Australian cargo steamships..................... 131
206U..... Certificates required for Australian nuclear ships............................ 133
206V..... Documentary evidence of seaworthiness required for non‑Safety Convention ships not registered in Australia 133
206W.... Production of certificates or other documentary evidence............... 133
206X..... Modification of certificates.............................................................. 135
Division 3—Unseaworthy and substandard ships 136
207........ Definition of seaworthy.................................................................. 136
207A..... Substandard ships........................................................................... 136
208........ Sending unseaworthy ship to sea.................................................... 137
209........ Seaman may claim discharge from unseaworthy or substandard ship 137
210........ Detention of unseaworthy and substandard ships........................... 137
211........ Costs of detention........................................................................... 138
212........ Taking detained ship to sea............................................................. 139
213........ Security for costs............................................................................ 139
214........ Circumstances where complainant liable for costs of detention....... 139
Division 4—Life‑saving appliances and fire protection 140
215........ Regulations may make provision in relation to life‑saving and fire prevention 140
216A..... Modification of certificates in respect of life‑saving appliances...... 140
217........ Offences as to appliances................................................................ 141
Division 5—Load lines 142
218........ Interpretation................................................................................... 142
219........ Declaration of Load Line Convention countries.............................. 143
220........ Load line regulations....................................................................... 143
221........ Exemptions..................................................................................... 143
222........ Issue of load line certificates........................................................... 145
223........ Issue of exemption certificates........................................................ 146
224........ Duration, extension and cancellation of certificates......................... 146
225........ Particulars in certificate to be entered in log‑book........................... 147
226........ Authority may issue certificate at request of Load Line Convention country 147
227........ Authority may request Load Line Convention country to issue certificates 148
227A..... Ships not to proceed to sea without load line certificates................. 148
227B..... Ships not to be overloaded.............................................................. 150
227C..... Detention of ships incorrectly marked............................................. 151
227D..... Offences with respect to marks....................................................... 151
227E...... Inspection of non‑Australian Load Line Convention ships............. 152
Division 6—Signals of distress 154
228........ Ships to be furnished with distress signals..................................... 154
229........ Signals of distress and urgency....................................................... 154
230........ Compensation for loss occasioned by improper use of signals....... 154
Division 6A—Radio equipment 155
231........ Application of Division................................................................... 155
231A..... Ships to be equipped with radio installations and radio navigational aids 155
231B..... Radio operators............................................................................... 155
231C..... Maintenance and use of radio equipment and radio services........... 155
231D..... Deficiency in number of operators on Safety Convention ships..... 156
231E...... Log‑books....................................................................................... 156
231F...... Regulations providing for radio installations etc............................. 157
Division 7—Compasses 158
232........ Regulations..................................................................................... 158
233........ Ships not to be taken to sea without proper compasses................... 158
234........ Ship unseaworthy if not equipped with proper compasses............. 158
Division 8—Musters, drills and checks and tests of machinery and equipment 159
235........ Musters and drills........................................................................... 159
236........ Machinery and equipment checks and tests..................................... 159
Division 9—Containers 160
237........ Interpretation................................................................................... 160
238........ Declaration of countries to which the Container Convention applies 160
239........ Certificate by Minister as to amendments of the Container Convention 160
240........ Regulations to give effect to the Container Convention................... 161
241........ Safety requirements and tests not required or permitted by the Container Convention not to be imposed 161
Division 10—Dangerous goods, livestock, grain, deck and other cargoes 162
248........ Definition of dangerous goods........................................................ 162
249........ Shipping of dangerous goods......................................................... 162
250........ Powers of owner or master as to dangerous goods......................... 162
251........ Right to decline to sail in ships carrying dangerous goods.............. 162
252........ Forfeiture of dangerous goods........................................................ 163
253........ False descriptions............................................................................ 163
253A..... Carriage of dangerous goods.......................................................... 163
254........ Prohibition on carriage of cargo...................................................... 164
255........ Notice of intention to ship............................................................... 164
257........ Loading, stowing, carriage and unloading of cargo......................... 165
Division 11—Collisions, loss and damage 166
258........ Collisions, lights and signals........................................................... 166
258AA.. Certificate by Minister as to amendments of the Prevention of Collisions Convention 167
258A..... Careful navigation near ice.............................................................. 168
259........ Rule as to division of loss............................................................... 168
260........ Damages for personal injuries......................................................... 168
261........ Right of contribution....................................................................... 169
261A..... Application of sections 259, 260 and 261 to Defence ships............ 169
263........ Abolition of statutory presumption of fault..................................... 169
264........ Master to render assistance and abolition of statutory presumption of fault 170
265........ Obligation to render assistance........................................................ 170
265A..... Liability of charterers etc................................................................. 172
Division 12—Ships carrying or using oil 173
266........ Interpretation................................................................................... 173
267........ Application of Division................................................................... 173
267A..... Regulations to give effect to certain Regulations of Annex I........... 174
267B..... Ship construction certificates........................................................... 174
267C..... International Oil Pollution Prevention Certificates.......................... 174
267D..... Alteration etc. of construction of ships and cancellation of certificates 175
267E...... Ships to be surveyed periodically.................................................... 176
267F...... Cancellation of certificate if ship ceases to be registered etc............ 176
267G..... Certificates required for Australian ships........................................ 177
267H..... Certificates to be carried on board Australian ships........................ 177
267J...... Production of certificates................................................................. 177
267K..... Directions in relation to foreign ships............................................. 178
Division 12A—Ships carrying noxious liquid substances in bulk 180
267M.... Interpretation................................................................................... 180
267N..... Application of Division................................................................... 180
267P...... Regulations to give effect to regulation 11 of Annex II................... 181
267Q..... Chemical tanker construction certificates......................................... 181
267R..... International Pollution Prevention Certificates for the Carriage of Noxious Liquid Substances in Bulk 181
267S...... Alteration etc. of construction of ships and cancellation of certificates 182
267T...... Ships to be surveyed periodically.................................................... 183
267U..... Cancellation of certificate if ship ceases to be an Australian ship.... 184
267V..... Certificates required for Australian ships........................................ 184
267W.... Certificates to be carried on board Australian ships........................ 184
267X..... Production of certificates................................................................. 184
267Y..... Directions in relation to foreign ships............................................. 185
Division 12B—Ships carrying packaged harmful substances 187
267ZA... Interpretation................................................................................... 187
267ZB... Application of Division................................................................... 187
267ZC... Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III 188
Division 12C—Sewage 189
267ZD... Interpretation................................................................................... 189
267ZE... Application of Division................................................................... 189
267ZF... Regulations to give effect to Regulations 4, 9 and 10 of Annex IV 190
267ZG... International Sewage Pollution Prevention Certificates for Australian ships 190
267ZH... International Sewage Pollution Prevention Certificates for foreign ships 190
267ZJ.... Alteration etc. of construction of ships and cancellation of certificates 191
267ZK... Ships to be surveyed periodically.................................................... 192
267ZL... Cancellation of sewage certificate if ship ceases to be an Australian ship 193
267ZM.. Certificates required for Australian ships........................................ 193
267ZN... Certificates to be carried on board Australian ships........................ 193
267ZP... Production of certificates................................................................. 193
267ZQ... Directions in relation to foreign ships............................................. 194
267ZS... Operation of Division..................................................................... 195
Division 12D—Air pollution 196
267ZT... Definitions...................................................................................... 196
267ZU... Application of Division................................................................... 196
267ZV... Regulations to give effect to Regulations 5, 6, 8, 9, 13 and 16 of Annex VI 197
267ZW.. Air pollution prevention certificates for Australian ships................ 197
267ZX... International Air Pollution Prevention Certificates for foreign ships 197
267ZY... Obligation to report damage etc. to ship.......................................... 198
267ZZ... Authority may cancel certificates..................................................... 198
267ZZA Ships to be surveyed periodically.................................................... 199
267ZZB. Certificate lapses if ship ceases to be Australian ship...................... 200
267ZZC. Certificates required for Australian ships........................................ 200
267ZZD Certificates to be carried on board Australian ships........................ 200
267ZZE. Production of certificate.................................................................. 201
267ZZF. Directions in relation to foreign ships............................................. 201
Division 13—Report of accidents and of dangers to navigation 204
268........ Accidents etc. to be reported........................................................... 204
269........ Notification of loss of ships............................................................ 206
269A..... Report of dangers to navigation...................................................... 206
Division 14—Report of movement of ships 208
269B..... Definitions...................................................................................... 208
269C..... Objects of Division......................................................................... 208
269D..... Regulations relating to reporting requirements................................ 209
Part V—Passengers 211
270........ Regulations as to passenger trade.................................................... 211
272........ Provision for passengers wrecked.................................................. 211
273........ Assurances in connection with passages......................................... 212
274........ Responsibility of owner to other persons........................................ 212
275........ Passenger landed elsewhere than at destination............................... 212
276........ Right of action by passenger........................................................... 213
278........ Obstructing ship or machinery........................................................ 213
279........ Power to exclude certain persons.................................................... 213
280........ Taking passage for lunatic, or sending lunatic on board.................. 214
281........ Offences on ships by disorderly persons........................................ 214
282........ Offences by passengers.................................................................. 215
Part VA—Special purpose ships and special personnel 216
283........ Interpretation................................................................................... 216
283A..... Power to make regulations.............................................................. 216
283B..... Special personnel not passengers.................................................... 216
Part VB—Off‑shore industry vessels and off‑shore industry mobile units 217
283C..... Extension to prescribed Territories.................................................. 217
283D..... Regulations with respect to off‑shore industry vessels................... 217
283E...... Regulations with respect to off‑shore industry mobile units........... 217
283F...... Directions with respect to off‑shore industry mobile units.............. 219
283G..... Off‑shore industry vessels and mobile units not registered in Australia deemed to be registered in Australia 219
283H..... Personnel of off‑shore industry vessels and mobile units not passengers 220
283J...... Notices by Minister as to International Maritime Organization resolutions 221
283K..... Regulations, orders and directions inconsistent with Offshore Petroleum and Greenhouse Gas Storage Act 2006 etc......................................................................................................... 221
Part VI—The coasting trade 223
284........ Application of Part.......................................................................... 223
286........ Permits to unlicensed ships............................................................. 223
287........ Ships in receipt of subsidies............................................................ 225
288........ Licensing of ships to engage in coasting trade................................ 225
289........ Payment of Australian rates of wages............................................. 226
290........ Indorsement of rate of wages on agreement.................................... 227
291........ Seamen’s rights not affected by agreement..................................... 227
292........ Evidence of rates of wages.............................................................. 228
293........ Responsibility of master, owner and agent for compliance with Act 228
293A..... Power to suspend provisions as to coasting trade........................... 228
Part VII—Wrecks and salvage 229
Division 1—Interpretation 229
294........ Interpretation................................................................................... 229
295........ Powers of Customs reserved.......................................................... 230
295A..... Certain provisions of Part not applicable to historic wrecks............ 230
295B..... Certain provisions of Part not applicable to certain wrecks............. 231
Division 2—Wreck 232
296........ Receiver where ship in distress....................................................... 232
297........ Powers of receiver to require assistance.......................................... 232
298........ Power to pass over private land to assist at wreck.......................... 233
299........ Power of receiver to suppress plunder and disorder by force......... 233
300........ Exercise of powers when receiver absent........................................ 234
301........ Examination on oath as to wrecks................................................... 234
302........ Finding or taking possession of wreck........................................... 235
303........ Penalty for retaining possession of wreck....................................... 235
304........ Notice to be posted in Customs‑house............................................ 235
305........ Claim of owner to wreck................................................................. 235
306........ Sale of wreck by receiver................................................................ 236
307........ Expenses connected with wreck...................................................... 236
308........ Right of Commonwealth................................................................. 236
309........ Sale of unclaimed wreck by receiver............................................... 236
310........ Discharge of receiver from liability................................................. 237
311........ Disputes as to title to wreck............................................................ 237
312........ Taking wreck out of Australia......................................................... 237
313........ Boarding ship in distress without authority..................................... 237
314........ Offences as to wreck....................................................................... 238
314A..... Removal of wrecks on or near coast............................................... 238
Division 3—Salvage 240
315........ Certain provisions of Salvage Convention to have force of law...... 240
316........ Application of this Division............................................................ 240
317........ Application of section 2 to this Division......................................... 240
317A..... Assistance to persons in danger at sea............................................ 240
329B..... Salvage claims against the Crown................................................... 241
329C..... Salvage claims by the Crown.......................................................... 241
Part VIII—Exclusion of shipowners’ liability 243
Division 2—Exclusion of liability 243
338........ Ship owner not to be liable in certain cases of loss of, or damage to, goods 243
Part IXA—Review of decisions 244
377B..... Decisions under Part I..................................................................... 244
377C..... Decisions under Part II................................................................... 244
377CA.. Decisions under Part IIIA............................................................... 245
377D..... Principal decisions under Part IV in relation to certificates and exemptions 245
377E...... Other decisions under Division 1 of Part IV................................... 246
377F...... Other decisions under Division 3 of Part IV................................... 246
377G..... Other decisions under Divisions 4, 5, 6A and 10 of Part IV.......... 246
377H..... Other decisions under Divisions 12, 12A, 12C and 12D of Part IV 247
377J...... Decisions under Part VB................................................................ 247
377JA... Decisions under Part VI.................................................................. 247
377K..... Decisions under Part XA................................................................ 247
377L...... Decisions under Part XI.................................................................. 247
377M.... Statements to accompany notices.................................................... 248
Part X—Legal proceedings 249
Division 1—Jurisdiction 249
378........ Place where deemed to have been committed.................................. 249
379........ Presumption of jurisdiction............................................................. 249
380........ Jurisdiction over ships lying off coast............................................. 249
384........ Action against official..................................................................... 249
Division 2—Offences 251
385........ Definitions...................................................................................... 251
386........ General offences............................................................................. 251
386A..... Impairment of person’s capacity to carry out duties as master or seaman 252
386B..... Unacceptable blood alcohol content................................................ 253
386C..... Master or seaman may be required to undergo examination or to provide samples 254
386D..... Refusal to provide sample of breath for analysis............................. 255
386E...... Refusal to submit to physical examination or to provide samples... 255
386F...... Consumption of alcohol before undergoing examination etc........... 256
386G..... Medical drugs................................................................................. 256
386H..... Permitting or requiring performance of duties by impaired person. 257
386J...... Regulations..................................................................................... 258
387........ Hindering or interfering with masters or officers............................ 258
387A..... Persuading or inciting breach of agreement..................................... 259
388........ Being on board a ship unlawfully................................................... 259
389........ False declarations etc....................................................................... 259
389A..... Offences in connection with certificates.......................................... 260
391........ Beneficial owners subject to pecuniary penalties............................. 260
Division 3—Prosecution and penalties 262
395A..... Proceedings against Corporations................................................... 262
396........ Limitation of actions........................................................................ 262
397........ Offences against certain provisions of Act and regulations............. 263
399........ Distress and sale of ships................................................................ 263
Division 4—Evidence and service 265
400........ Production of depositions............................................................... 265
401........ Proof of certificates and other documents....................................... 265
402........ Evidence as to execution................................................................. 266
403........ Admissibility of documents in evidence.......................................... 266
403A..... Evidence in proceedings.................................................................. 267
404........ Service of summons........................................................................ 267
405........ Service of notice where there is no master...................................... 267
Division 5—Proceedings against the Crown 269
405A..... Proceedings against the Crown....................................................... 269
Part XA—Tonnage measurement of ships 270
405B..... Interpretation................................................................................... 270
405C..... Declaration of countries to which the Tonnage Measurement Convention applies 271
405D..... Certificate by Minister as to amendments of Convention................ 271
405E...... Tonnage measurement regulations.................................................. 272
405F...... Issue of tonnage measurement certificates....................................... 272
405G..... Extension and cancellation of certificates........................................ 273
405H..... Tonnage Measurement Convention country may request Authority to issue certificate 273
405J...... Authority may request Tonnage Measurement Convention country to issue certificate 274
405K..... Power of inspection of surveyors................................................... 274
405M.... Register tonnage of non‑Convention ships..................................... 275
405N..... Tonnage of non‑Convention ships to be measured in certain cases. 275
405P...... Assignment of other tonnages to non‑Convention ships................. 275
Part XI—Miscellaneous 277
407........ Application of penalties and moneys............................................... 277
410........ Copy of Act to be kept on certain ships.......................................... 277
410A..... Charts.............................................................................................. 277
410B..... Civil liability in relation to ship under pilotage................................ 278
411........ Liability of master or owner under vessel traffic management arrangements 278
412........ Search of vessels............................................................................. 279
413........ Powers of Minister......................................................................... 279
414........ Detention of ships........................................................................... 280
415........ Taking official to sea....................................................................... 280
416........ Refusal of clearance........................................................................ 281
417........ Births, deaths etc............................................................................. 281
418A..... Security........................................................................................... 282
419........ Seal................................................................................................. 282
421........ Power of exemption........................................................................ 282
424........ Marine Council............................................................................... 283
425........ Regulations..................................................................................... 285
426A..... Power to provide in orders for review of decisions........................ 287
427........ Ministerial orders concerning Uniform Shipping Laws Code and the NSCV 288
An Act relating to Navigation and Shipping
Part I—Introductory
1 Short title [see Note 1]
This Act may be cited as the Navigation Act 1912.
2 Application of Act
(1) Except in so far as the application of this section is expressly excluded by a provision of this Act, this Act does not apply in relation to:
(a) a trading ship proceeding on a voyage other than an overseas voyage or an inter‑State voyage;
(b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage;
(ba) a fishing fleet support vessel proceeding on a voyage other than an overseas voyage;
(c) an inland waterways vessel; or
(d) a pleasure craft;
or in relation to its owner, master or crew.
(2) A ship shall, for the purposes of this section, be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.
(3) A voyage of an Australian fishing vessel, being a ship that is regularly engaged in making voyages from a port or ports in Queensland, commencing at a port in that State and ending at the same port or another port in that State shall not be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea.
(4) A ship’s voyage is to be taken not to be an overseas voyage for the purposes of this Act if the voyage:
(a) commences in a port in an external Territory; and
(b) ends at a port in that Territory.
2A Act to bind the Crown
This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.
3 Act does not apply to naval ships etc.
Except where the contrary intention appears, this Act does not apply to or in relation to a ship belonging to, or operated by:
(a) the Australian Defence Force; or
(b) the naval, military or air forces of a country other than Australia.
4 Application of provisions relating to steam‑ships
The provisions of this Act relating to steam‑ships shall apply, with such modifications as are prescribed, to ships propelled by electricity or other mechanical power.
5 Application of the Criminal Code
Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
6 Interpretation
(1) In this Act, unless the contrary intention appears:
agreement, in relation to a ship, means the agreement between the master of the ship and the crew of the ship and, in relation to a seaman belonging to a ship, means the agreement between the master of the ship and the seaman.
approved form means a form approved by the Authority under section 6F.
articles of agreement has the same meaning as agreement.
Australian coastal sea means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory.
Australian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under subsection 4(2) of the Fisheries Management Act 1991 is in force.
Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
Collector means a Collector of Customs or other principal officer of Customs doing duty at a port under the Customs Act.
Commonwealth authority means an authority or body, whether a body corporate or not, established or incorporated for a public purpose by a law of the Commonwealth or of a Territory (other than the Northern Territory), and includes a body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a body corporate in which the Commonwealth has a controlling interest.
Commonwealth ship means a ship:
(a) that belongs to the Commonwealth or to a Commonwealth authority;
(b) the beneficial interest in which is vested in the Commonwealth or in a Commonwealth authority; or
(c) that is for the time being demised or sub‑demised to, or in the exclusive possession of, the Commonwealth or a Commonwealth authority;
but does not include a ship:
(d) that belongs to ANL Limited;
(e) the beneficial interest in which is vested in ANL Limited; or
(f) that is for the time being demised or sub‑demised to, or in the exclusive possession of, ANL Limited.
consul includes:
(a) ambassador, high commissioner, commissioner or other head of mission;
(b) minister;
(c) chargé d’affaires; and
(d) counsellor, secretary or attaché of an embassy or other mission.
Co‑ordinated Universal Time means Co‑ordinated Universal Time as determined by the International Bureau of Weights and Measures.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
diplomatic or consular representative of Australia means a person appointed to hold, or to act in, any of the following offices (being an office of the Commonwealth) in a country or place outside Australia:
(a) ambassador;
(b) minister;
(c) head of mission;
(d) chargé d’affaires;
(e) counsellor, secretary or attaché of an embassy, legation or other post; and
(f) consul.
discharge means the certificate of discharge given to a seaman upon his or her discharge from a ship.
effects includes documents.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
equipment, in relation to a ship, includes every thing or article belonging to or to be used in connexion with, or necessary for the navigation and safety of, the ship and, in particular, includes boats, tackle, pumps, apparel, furniture, life‑saving appliances, spars, masts, rigging, sails, fog signals, lights, signals of distress, signalling lamps, pilot ladders, radio equipment, medicines, medical and surgical stores and appliances, fire prevention, detecting and extinguishing appliances, inert gas systems, echo‑sounding devices, mechanical pilot hoists, buckets, compasses, charts, axes, lanterns and gear and apparatus for loading or unloading, or otherwise handling, cargo.
exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973.
fish includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.
fishing fleet support vessel means:
(a) a ship that is used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels; or
(b) a ship that:
(i) is not a ship to which paragraph (a) applies; and
(ii) is being used in support of the fishing operations of an Australian fishing vessel or vessels; and
(iii) is not covered by a declaration under subsection (1C); or
(c) a ship that:
(i) is in the course of construction; and
(ii) is intended to be used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels;
but does not include:
(d) a Commonwealth ship; or
(e) an inland waterways vessel.
Note: for in support of fishing operations see subsection (1B).
fishing operations means:
(a) the taking, catching or capturing of fish for trading or manufacturing purposes; and
(b) the processing or carrying of the fish that are taken, caught or captured.
fishing vessel means:
(a) a ship that is used wholly or principally for fishing operations; or
(b) a ship that:
(i) is in the course of construction; and
(ii) is intended to be used wholly or principally for fishing operations;
but does not include:
(c) a Commonwealth ship; or
(d) an inland waterways vessel.
Government ship means a ship:
(a) that belongs to the Commonwealth or a State or Territory;
(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or
(c) that is for the time being demised or sub‑demised to, or in the exclusive possession of, the Commonwealth or a State or Territory;
and includes a ship that belongs to, or that is operated by, the Australian Defence Force, but does not include a ship:
(d) that belongs to a trading corporation that is an authority or agency of the Commonwealth or of a State or of a Territory;
(e) the beneficial interest in which is vested in such a trading corporation; or
(f) that is for the time being demised or sub‑demised to, or in the exclusive possession of, such a trading corporation.
Great Barrier Reef Region has the same meaning as in the Great Barrier Reef Marine Park Act 1975.
harbour means a harbour properly so called, whether natural or artificial, and includes an estuary, navigable river, creek, channel, haven, roadstead, dock, pier, jetty or other work in or at which ships can obtain shelter or ship and unship goods or passengers.
inland waterways vessel means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly in waters other than waters of the sea, but does not include a Commonwealth ship.
inter‑State voyage, in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:
(a) a port in a State and a port in another State;
(b) a port in a State and a port in a Territory; or
(c) a port in a Territory and a port in another Territory;
whether or not the ship travels between 2 or more ports in any one State or Territory in the course of the voyage.
justice means Justice of the Peace.
master means a person having command or charge of a ship.
Medical Inspector of Seamen means a person appointed under section 123 to be a Medical Inspector of Seamen.
nuclear ship means a ship provided with a nuclear power plant.
officer means the master, a mate or an engineer of a ship.
officer of Customs means a person who is an officer for the purposes of the Customs Act.
officer of police means a member or special member of the Australian Federal Police or a member of the police force of a State or of a Territory.
official means a superintendent, a surveyor, a Medical Inspector of Seamen or any other person, including a Collector or other officer of Customs, required to perform functions or discharge duties for the purposes of this Act.
official log‑book, in relation to a ship, means the official log‑book kept by the master of the ship in pursuance of section 171 or in pursuance of the law of a country other than Australia.
order means an order made under this Act.
overseas voyage, in relation to a ship, means a voyage in the course of which the ship travels between:
(a) a port in Australia and a port outside Australia;
(b) a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;
(c) a port outside Australia and a place in the waters of the sea above the continental shelf of Australia;
(d) a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;
(e) ports outside Australia; or
(f) places beyond the continental shelf of Australia;
whether or not the ship travels between 2 or more ports in Australia in the course of the voyage.
parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
passenger means a person carried on board a ship with the knowledge or consent of the owner, charterer, agent or master of the ship, not being:
(a) a person employed or engaged in any capacity on board the ship on the business of the ship;
(b) a person on board the ship in pursuance of an obligation imposed on the master by any law (including a law of a country other than Australia) to assist shipwrecked, distressed or other persons or by reason of circumstances that could not have been prevented or forestalled by the owner, charterer, agent or master of the ship; or
(c) a child under the age of one year.
pilot means a person who does not belong to, but has the conduct of, a ship.
pleasure craft means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly for recreational or sporting activities (whether or not let, or intended to be let, for hire or reward or consideration of any kind), but does not include a Commonwealth ship or an inland waterways vessel.
port includes place and harbour.
proper authority means:
(a) a superintendent;
(b) in relation to a prescribed country:
(i) a person who, under the law of that country, has powers, duties and functions similar to the powers, duties and functions of a superintendent under this Act; or
(ii) a diplomatic or consular representative of Australia or a consul of a prescribed country; or
(c) in relation to a foreign country other than a prescribed country—a diplomatic or consular representative of Australia or a consul of a prescribed country.
radio equipment includes radio navigational aid equipment.
regulated ship has the meaning given by section 186G.
sea includes any waters within the ebb and flow of the tide.
seaman means a person employed or engaged in any capacity on board a ship on the business of the ship, other than:
(a) the master of the ship;
(b) a pilot; or
(c) a person temporarily employed on the ship in port.
ship means any kind of vessel used in navigation by water, however propelled or moved, and includes:
(a) a barge, lighter or other floating vessel;
(b) an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
(c) an off‑shore industry mobile unit;
but (except in Part IIIA, in section 192B, in Division 1, 3, 4, 5, 6, 10, 11 or 13 of Part IV, in Part VII or IX, in Division 1, 3 or 4 of Part X or in Part XI) does not include an off‑shore industry mobile unit that is not self‑propelled.
stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.
superintendent means a superintendent appointed under section 13.
survey authority means a corporation or association for the survey of shipping, approved by the Authority, in writing, for the purposes of this definition.
surveyor means a person appointed to be a surveyor under section 190.
the Court, in relation to proceedings under this Act, means the court exercising jurisdiction in respect of those proceedings.
the Customs Act means the Customs Act 1901.
the Marine Council means the Marine Council established under section 424.
the regulations, except in section 425 or to the extent that the regulations provide otherwise, includes orders made under this Act or pursuant to the regulations.
this Act includes the regulations and, except to the extent that the regulations provide otherwise, includes orders made under this Act.
trading ship means a ship that is used, or, being a ship in the course of construction, is intended to be used, for, or in connection with, any business or commercial activity and, without limiting the generality of the foregoing, includes a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly or principally for:
(a) the carriage of passengers or cargo for hire or reward; or
(b) the provision of services to ships or shipping, whether for reward or otherwise;
but does not include a Commonwealth ship, a fishing vessel, a fishing fleet support vessel, an off‑shore industry mobile unit, an off‑shore industry vessel to which this Act applies, an inland waterways vessel or a pleasure craft.
wages includes emoluments.
(1A) For the purposes of this section, a ship that has been launched, but has not been completed and delivered under the relevant building contract, shall be deemed to be a ship in the course of construction.
(1B) For the purposes of this Act, activities in support of the fishing operations of a fishing vessel include:
(a) the storage and transport of fish taken, caught or captured by the fishing vessel; and
(b) the provision of food, fuel and other supplies to the fishing vessel while it is engaged in fishing operations; and
(c) the transport of crew members to and from the fishing vessel while it is engaged in fishing operations.
(1C) The Authority may declare, in writing, that a class of ships specified in the declaration are not to be taken to be fishing fleet support vessels under paragraph (b) of the definition of fishing fleet support vessel in subsection (1).
(2) A reference in this Act to failure to do an act or thing shall be read as including a reference to refusal or neglect to do that act or thing.
(4) Unless the contrary intention appears, a reference in this Act (except in Division 3 or 4 of Part VII) to the owner of a ship shall, in the case of a ship that is operated by a person other than the owner, be read as including a reference to the operator.
(4A) Where, in pursuance of articles of agreement, a person becomes a member of the crew of a ship, he or she is to, until he or she ceases to be a member of the crew of the ship, be deemed, for the purposes of this Act, to belong to the ship.
(4B) A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall be deemed, for the purposes of this Act, to cease to belong to the ship and does not again belong to the ship until he or she again becomes a member of the crew of the ship.
(4C) A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall not be taken to have been discharged from the ship.
(5) Unless the contrary intention appears, a reference in a provision of this Act to a prescribed country shall be read as a reference to a country prescribed for the purposes of that provision, and includes:
(a) a colony, overseas territory or protectorate of a country so prescribed; and
(b) a territory for the international relations of which a country so prescribed is responsible.
(6) Unless the contrary intention appears, a reference in this Act to the certificates of a master, officer or seaman shall be read as a reference to the certificates or other documents issued under, or having effect for the purposes of, this Act that are evidence that the master, officer or seaman, as the case may be, is a qualified master, officer or seaman, as the case may be, of any designation.
(7) For the purposes of this Act, a port in the Great Barrier Reef Region shall be taken to be a port in Australia.
(8) For the purposes of this Act, members of a person’s family are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;
(c) anyone else who would be a member of the person’s family because someone mentioned in paragraph (a) or (b) is taken to be a member of the person’s family.
6A Answering questions
A person who, by this Act, is required to answer a question asked under or for the purposes of this Act shall be deemed not to have complied with that requirement unless he or she answers the question truly to the best of his or her knowledge, information and belief.
6B Desertion
For the purposes of this Act, a seaman has deserted from his or her ship:
(a) if the seaman is absent from his or her ship with the intention of not returning to the ship; or
(b) if the seaman is absent from his or her ship for a continuous period exceeding 48 hours without leave, lawful cause or reasonable excuse.
6C Incompetency and misconduct of officers
For the purposes of this Act:
(a) an officer is incompetent if he or she is inefficient in the performance of any of his or her duties as an officer; and
(b) an officer is guilty of misconduct if he or she is guilty of careless navigation, drunkenness, tyranny, improper conduct or, without reasonable cause or excuse, failure of duty.
6D Taking of ships to sea
(1) For the purposes of this Act but subject to subsection (2), a ship shall be deemed to have been taken or sent to sea, or to have gone or proceeded to sea, if the ship has been got under way for the purpose of:
(a) going to sea;
(b) plying or running; or
(c) proceeding on a voyage.
(2) A ship shall not be deemed, for the purposes of this Act, to have been taken or sent to sea, or to have gone or proceeded to sea, by reason only that the ship has been got under way for the purpose of moving the ship from one berth or place in a port to another berth or place in the port.
6E Proper return port
(1) For the purposes of this Act, but subject to subsection (2):
(a) the proper return port of a master who has been engaged for service on a ship is:
(i) such port as is agreed upon between the owner of the ship and the master; or
(ii) in the absence of agreement—the port at which the master shipped; and
(b) the proper return port of a seaman who has been engaged for service on a ship is:
(i) such port as is agreed upon between the master of the ship and the seaman, either in the seaman’s agreement or otherwise; or
(ii) in the absence of agreement—the port at which the seaman shipped.
(2) A master or seaman and the owner of a ship may agree to refer a question which has arisen between them as to the proper return port of the master or seaman to a proper authority for his or her decision.
(3) Section 81 applies to and in relation to such an agreement as if it were an agreement to which that section applies and the reference in that section to a superintendent were a reference to a proper authority.
6F Authority may approve form
The Authority may, in writing, approve a form for the purposes of a provision of this Act.
7 Definition of coasting trade
(1) A ship shall be deemed to be engaged in the coasting trade, within the meaning of this Act, if it takes on board passengers or cargo at any port in a State, or a Territory, to be carried to, and landed or delivered at, any other port in the same State or Territory or in any other State or other such Territory:
Provided that a ship shall not be deemed to be engaged in the coasting trade by reason of the fact that it carries:
(a) passengers who hold through tickets to or from a port beyond Australia and the Territories; or
(b) cargo consigned on a through bill of lading to or from a port beyond Australia and those Territories and which is not transhipped to or from any ship trading exclusively in Australian waters which is not licensed under this Act; or
(c) mails between any ports in Australia or in any of those Territories; or
(d) as a passenger:
(i) the owner of the ship or a person who is a servant, or a member of the family, of the owner of the ship; or
(ii) a pilot who is proceeding from his or her home station for the purpose of meeting a ship requiring the pilot’s services or is returning to his or her home station after piloting a ship:
Provided further that the Governor‑General may by order declare that the carrying of passengers or cargo between ports in any Territory, or between ports in any such Territory and any other Australian ports, or ports in any other such Territory shall not be deemed engaging in the coasting trade.
Note: In relation to subparagraph (1)(d)(i), see also subsection 6(8).
(2) In this section, owner, in relation to a ship, includes a person who is the manager or secretary of a body corporate which is the owner of the ship.
7A Ships registered in Australia
A reference in this Act to a ship registered in Australia shall be read as a reference to a ship registered under the Shipping Registration Act 1981 and as including a reference to a ship that is required to be registered under that Act but is not so registered.
8 Off‑shore industry fixed structures, mobile units and vessels
(1) In this section:
Australia includes such of the external Territories as are prescribed for the purposes of this section.
natural resources means the mineral and other non‑living resources of the seabed and its subsoil.
(2) A reference in this Act to an off‑shore industry fixed structure shall be read as a reference to a structure (including a pipeline) that:
(a) is fixed to the seabed and is not able to move or be moved as an entity from one place to another; and
(b) is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:
(i) the continental shelf of Australia;
(ii) the seabed of the Australian coastal sea; and
(iii) the subsoil of that seabed.
(3) A reference in this Act to an off‑shore industry mobile unit shall be read as a reference to:
(a) a vessel that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:
(i) the continental shelf of Australia;
(ii) the seabed of the Australian coastal sea; and
(iii) the subsoil of that seabed;
by drilling the seabed or its sub‑soil, or by obtaining substantial quantities of material from the seabed or its sub‑soil, with equipment that is on or forms part of the vessel;
(b) a structure (not being a vessel) that:
(i) is able to float or be floated;
(ii) is able to move or be moved as an entity from one place to another; and
(iii) is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:
(A) the continental shelf of Australia;
(B) the seabed of the Australian coastal sea; and
(C) the subsoil of that seabed;
by drilling the seabed or its sub‑soil, or by obtaining substantial quantities of material from the seabed or its sub‑soil, with equipment that is on or forms part of the structure; or
(c) a barge or like vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off‑shore industry fixed structures.
(4) A reference in this Act to an off‑shore industry vessel shall be read as a reference to:
(a) a ship (not being an off‑shore industry mobile unit) that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:
(i) the continental shelf of Australia;
(ii) the seabed of the Australian coastal sea; and
(iii) the subsoil of that seabed; or
(b) any other ship (not being an off‑shore industry mobile unit, or a ship, or a ship included in a class of ships, declared by the Minister, by instrument in writing, to be a ship or a class of ships, as the case requires, to which this paragraph does not apply) at any time when it is being so used.
(5) A vessel or other structure that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (3)(a) or subparagraph (3)(b)(iii) shall not be taken not to be an off‑shore industry mobile unit by reason only that the vessel or other structure is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources.
(6) A barge or like vessel that is used or intended for use in connection with the construction, maintenance or repair of off‑shore industry fixed structures shall not be taken not to be an off‑shore industry mobile unit by reason only that the vessel is also used or intended for use in connection with the construction, maintenance or repair of other structures.
(7) A ship that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (4)(a) shall not be taken not to be an off‑shore industry vessel by reason only that the ship is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources.
8A Off‑shore industry vessels to which Act applies
(1) The owner of an off‑shore industry vessel may apply to the Authority for a declaration under subsection (2) in relation to the off‑shore industry vessel.
(2) The Authority may, in writing, declare the off‑shore industry vessel to be an off‑shore industry vessel to which this Act applies.
(2A) A declaration under subsection (2) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(3) A reference in this Act to an off‑shore industry vessel to which this Act applies is a reference to an off‑shore industry vessel in relation to which a declaration under subsection (2) is in force.
8AA Declaration that Act applies in relation to trading ships engaging in intra‑state trade
(1) The owner of a trading ship may apply to the Authority for a declaration under subsection (2) in relation to the ship.
(2) The Authority may, in writing, declare that this Act applies in relation to the ship even when the ship is proceeding on a voyage other than an overseas voyage or an inter‑state voyage.
(3) The declaration has effect despite section 2.
(4) A declaration under subsection (2) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(5) If a declaration under subsection (2) is in force in relation to a trading ship, then, for the purposes of this Act, the ship is to be taken not to be a ship referred to in subsection 2(1).
8AB Declarations that Act applies in relation to fishing fleet support vessels on inter‑state or intra‑state voyages
(1) The owner of a fishing fleet support vessel may apply to the Authority for a declaration under subsection (1A) in relation to the vessel.
(1A) Despite subsection (2), the Authority may, in writing, declare that this Act applies to the fishing fleet support vessel even when the vessel is proceeding on a voyage that is not an overseas voyage.
(1B) A declaration under subsection (1A) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(2) If a declaration under subsection (1A) is in force in relation to a fishing fleet support vessel, the ship is taken not to be a ship referred to in paragraph 2(1)(ba).
8AC Expiration or revocation of declarations
(1) A declaration made under section 8A, 8AA or 8AB ceases to have effect, unless sooner revoked, at the end of the period, if any, specified in the declaration.
(2) The Authority must revoke a declaration made under section 8A, 8AA or 8AB if requested to do so by the owner of the vessel or ship to which the declaration relates.
(3) The Authority may revoke a declaration made under section 8A, 8AA or 8AB if the Authority is satisfied:
(a) that the vessel or ship to which the declaration relates no longer exists or has been lost; or
(b) that the name or any other details of the vessel or ship have been changed since the making of the declaration; or
(c) that the vessel or ship no longer operates in Australia.
8B Ships imported into Australia deemed to be registered in Australia
(1) Subject to subsection (2) and except where the contrary intention appears, the provisions of this Act apply in relation to a ship (other than an off‑shore industry vessel or an off‑shore industry mobile unit) not registered in Australia that has been imported into Australia within the meaning of the Customs Act 1901 as if it were registered in Australia and were not registered in any other country.
(2) The Minister or the Authority may, by instrument in writing, direct that, in relation to a ship, or ships included in a class of ships, specified in the direction, subsection (1) does not have effect or does not have effect in respect of a provision or provisions of this Act specified in the direction.
(3) A direction under subsection (2):
(a) is subject to such conditions (if any) as are specified in the direction; and
(b) may be confined to a particular period or to one or more particular voyages or operations.
(4) If a condition that is applicable to a ship by virtue of a direction under subsection (2) is contravened, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $2,000.
(5) An offence under subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
9 Delegation
(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers or functions under this Act, other than this power of delegation.
(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.
(3) A delegation under this section does not prevent the exercise of a power or performance of a function by the Minister.
Part II—Masters and seamen
Division 1—General
9A Definitions
In this Part, unless the contrary intention appears:
ship does not include a barge, lighter or other floating vessel that is not self‑propelled.
STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 adopted at London by the International Maritime Organization on 7 July 1978 as affected by any amendments made under Article XII of the Convention that have entered into force for Australia.
Note: The text of the Convention is set out in the Australian Treaties Series 1984, No. 7. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.
10 Application of Part
Except so far as the contrary intention appears, this Part applies only to:
(a) a ship registered in Australia;
(b) a ship (other than a ship registered in Australia) engaged in the coasting trade; or
(c) a ship (other than a ship registered in Australia or engaged in the coasting trade) of which the majority of the crew are residents of Australia and which is operated by any of the following (whether or not in association with any other person, firm or company, being a person, firm or company of any description), namely:
(i) a person who is a resident of, or has his or her principal place of business in, Australia;
(ii) a firm that has its principal place of business in Australia; or
(iii) a company that is incorporated, or has its principal place of business, in Australia;
and to the owner, master and crew of such a ship.
Division 2—Superintendents
13 Superintendents
The Authority may, in writing, appoint a person to be a superintendent.
Division 2A—The manning of ships
14 Minimum complement of ships
(1) Subject to this section, the Authority may, having regard to such principles as are prescribed for the purposes of this subsection, by order, require a ship, or each ship included in a class of ships, to carry a qualified master of a specified designation and to carry not less than:
(a) a specified number of qualified officers of specified designations; and
(b) a specified number of qualified seamen of specified designations.
(3) The Authority is not to exercise its powers under subsection (1) except to the extent that it appears to it necessary or expedient in the interests of safety or the protection of the marine environment.
(4) An order under subsection (1) may require a ship, or each ship included in a class of ships, to carry a master of a different designation and to carry different crews:
(a) for different voyages;
(b) for the carriage of different cargoes;
(c) for the performance (whether in port or at sea) of different operations done by, or in relation to, the ship; and
(d) according to whether the ship is in port or at sea.
(5) Nothing in this section shall be construed as preventing more than one order under subsection (1) from applying in relation to a ship.
(6) The Authority may, by instrument in writing, exempt a ship, or ships included in a class of ships, from the application of an order under subsection (1).
(7) An exemption under subsection (6):
(a) is subject to such conditions (if any) as are specified in the exemption; and
(b) may be confined to a particular period or to one or more particular voyages or operations.
(8) If an order under subsection (1) is contravened in relation to a ship, or a condition that is applicable to a ship by virtue of an exemption under subsection (6) is contravened, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding 60 penalty units.
(8A) An offence under subsection (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(9) Where a ship does not carry a master of such designation, and such officers and seamen, as it is required to carry by virtue of an order under subsection (1) or the conditions of an exemption under subsection (6):
(a) the Authority may cause the ship to be detained for the purpose of preventing it from going to sea; or
(b) the Authority may, by notice in writing addressed to the master or owner of the ship and served in accordance with the regulations, require that a specified operation by, or in relation to, the ship shall not commence or shall cease within a time specified in the notice, as the case may be.
(10) Nothing in this section shall be construed as preventing the service under paragraph (9)(b) of more than one notice in respect of a ship.
(11) If a notice under paragraph (9)(b) is contravened in relation to a ship, the master and owner of the ship are each guilty of a further offence punishable on conviction by a fine not exceeding $5,000.
(11A) An offence under subsection (11) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(13) In the preceding provisions of this section, a reference to a ship shall be read as including a reference to a ship that is intended to be constructed or is in the course of construction and, in either case, is intended to become a ship of a kind referred to in paragraph 10(a), (b) or (c).
Division 3—Qualifications of masters, officers and seamen
15 Regulations respecting qualifications and watchkeeping obligations of masters, officers and seamen
(1) The regulations may specify standards of competence to be attained and other conditions to be satisfied, or specify conditions to be satisfied, by a person in order to be a qualified master, officer or seaman of any designation for the purposes of this Act.
(1A) Without limiting the generality of subsection (1), regulations may give effect to the STCW Convention.
(1B) Regulations giving effect to the STCW Convention are not intended to exclude the operation of a law of a State or of the Northern Territory that gives effect to that Convention.
(2) Without limiting the generality of subsection (1), the conditions specified in regulations made for the purposes of that subsection may include conditions as to age, character, health, nationality, citizenship or residence, and regulations made for the purposes of that subsection may make provision for and in relation to:
(a) the manner in which:
(i) the attainment of a standard; or
(ii) the satisfaction of a condition;
is to be evidenced, including, in particular, the obtaining of certificates and other documents to be held by masters, officers and seamen as evidence that they are qualified masters, officers or seamen of particular designations for the purposes of this Act;
(b) the issue, recall, surrender, replacement, form and recording of such certificates and other documents;
(c) the duration, variation, renewal, suspension and cancellation of such certificates and other documents;
(d) the instruction, training and examination of masters, officers and seamen, including the gaining of sea service and other experience, and the conduct of examinations, the conditions for admission to examinations and the appointment and remuneration of examiners;
(e) the recognition, for the purposes of this Act, in whole or in part and whether conditionally or unconditionally, of certificates and other documents granted or issued to or in respect of masters, officers and seamen under the laws of a State or Territory or of a country other than Australia;
(f) the reconsideration of decisions made under regulations made for the purposes of subsection (1);
(g) the exemption of persons, in whole or in part and whether conditionally or unconditionally, from any requirement in relation to which provision is made by the regulations made for the purposes of subsection (1).
(3) In subsection (2), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
16 Unqualified person performing duties of master, officer or seaman
A person shall not:
(a) falsely represent himself or herself to be a qualified master, officer or seaman of any designation;
(b) perform duties that, under the regulations and orders, are the duties of a master, officer or seaman of a particular designation if the person is not a qualified master, officer or seaman of that designation; or
(c) take another person into employment to perform duties that, under the regulations and orders, are the duties of a master, officer or seaman of a particular designation if the other person is not a qualified master, officer or seaman of that designation.
Penalty: 50 penalty units.
17 Certificates to be produced
(1) A person who is serving on a ship, or is entering or has entered into an agreement to serve on a ship, as a qualified master, officer or seaman of any designation shall not fail to produce on demand his or her certificates to a proper authority.
Penalty: $500.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Division 4—Supplying seamen
32 Penalty for receiving fees for supply of seamen
(1) A person shall not demand or receive, directly or indirectly, remuneration for providing, or promising to provide, a seaman with employment on a ship (whether or not it is a ship to which this Part applies).
Penalty: $1,000.
(2) In this section:
seaman includes a person who is seeking employment as a seaman.
Division 7—Crew work in port
45 Employment of crew in loading and unloading
(1) Except as prescribed, a member of the crew of a ship (whether or not it is a ship to which this Part applies) that is engaged in making overseas voyages shall not be employed at a port in Australia in handling cargo or ballast in connexion with the loading or unloading of a ship:
Provided that the regulations shall not allow the employment of the crew of such ship in handling cargo or ballast where a sufficiency of shore labour is available.
(1A) The rates of wages to be paid in any port in Australia to shore labourers employed in handling cargo or ballast in connexion with the loading or unloading of any such ship shall be not less than the rates in any scale prescribed, under an award or agreement (if any) made or agreed to under any law of the Commonwealth or of a State or the Northern Territory, for the payment of such labour at that port.
Penalty (on master, owner, agent or charterer) for any offence against subsection (1) or (1A): $2,000.
(1B) If a sufficiency of shore labour cannot be obtained at such rates of wages it shall, for the purposes of this section, be deemed to be not available, and, in that case, the crew may be employed to the extent of the insufficiency.
(2) The regulations may forbid the employment, except as prescribed, of members of the crew of a ship that is engaged in making inter‑State voyages in handling cargo or ballast in connexion with the loading or unloading of ships.
Division 8—Engagement of seamen
46 Engagement of seamen
(1) Where a seaman is engaged to serve on a ship the master of the ship shall not take the ship to sea with that seaman as a member of the crew of the ship, and the owner of the ship shall not suffer or permit the ship to be so taken to sea, unless the master has entered into an agreement with the seaman in accordance with this section.
Penalty: $2,000.
(2) The agreement:
(a) shall, subject to subsection (2A), be in the prescribed form or, if an agreement in another form is already in force between the master and other members of the crew, in the other form;
(b) shall be prepared in duplicate and signed first by the master and then by the seaman; and
(c) shall be dated:
(i) if the agreement is entered into when the crew is first engaged—as at the time the master signs; or
(ii) in any other case—as at the time the seaman signs.
(2A) The Authority may, if it is satisfied that there are special reasons for so doing, approve an agreement under this section between the master of a ship and a seaman, being in a form other than that required by paragraph (2)(a).
(4) An agreement under this section may, with the approval of a proper authority, include any lawful provisions agreed upon between the master and seaman in addition to the provisions specified in the prescribed form.
(4A) An agreement under this section between the master of a ship and a seaman may include provision for or in relation to the observance by the parties to the agreement of a code of conduct.
47 Persons unsuitable for engagement
(1) The Marine Council may determine that the character of a person is such, or the conduct of a person has been such, that the person is unsuitable for engagement as a seaman.
(2) The Marine Council shall revoke the determination if it is satisfied that the person is no longer unsuitable for engagement as a seaman.
(3) The Marine Council shall exercise its powers under subsections (1) and (2) in accordance with such rules and principles as are prescribed.
(4) Regulations made for the purposes of subsection (3) may prescribe that, if it is established that the character of a person is such, or the conduct of a person has been such, as is specified in the regulations, the Marine Council must determine that the person is unsuitable for engagement as a seaman.
(5) The Marine Council shall:
(a) immediately give written notice of:
(i) the making of a determination under subsection (1); or
(iii) the revocation of the determination;
to the person to whom the determination relates; and
(b) take such steps as the Marine Council considers appropriate to bring the event referred to in subparagraph (a)(i) or (iii) to the attention of persons concerned with the engagement of seamen.
(6) Where the Marine Council makes a decision refusing to revoke a determination, the Marine Council shall give notice in writing of the decision to the person to whom the determination relates.
(7) A person who knows that a determination under subsection (1) is in force in relation to him or her shall not engage as a master or seaman or join or re‑join the crew of a ship.
Penalty: $2,000.
(8) A master, owner or agent who knows that a determination under subsection (1) is in force in relation to a person shall not take the person into employment as a master or seaman or permit the person to join or re‑join the crew of a ship.
Penalty: $2,000.
48 Report of circumstances rendering person unsuitable for engagement
Where the character of a seaman is such, or the conduct of a seaman has been such, that the seaman is, in the opinion of a master, unsuitable for engagement as a seaman, the master shall report the circumstances to a superintendent and, if practicable, immediately inform the seaman of the report.
48A Minimum age for employment at sea
(1) Except as provided by the regulations, a person shall not engage another person for service at sea in any capacity unless that other person has attained the age prescribed in respect of that capacity.
Penalty: $1,000.
50 Period of agreements
(1) An agreement under section 46 may be made for a voyage, or, if the voyages of the ship average less than 6 months in duration, may be made to extend over 2 or more voyages, and agreements so made to extend over 2 or more voyages are in this Act referred to as running agreements.
(2) A running agreement shall not extend beyond 6 months from the date thereof:
Provided that every such agreement shall, subject to subsections (3), (4) and (5), remain in force until the ship’s arrival at its port of destination, and the crew shall be considered engaged when the agreement is first signed, and discharged when the employment ends.
(3) When a ship, the crew of which have been engaged under a running agreement which has been in force more than 6 months, reaches a port in Australia other than its port of destination, and the ship is not then proceeding, either directly or by intermediate ports, to the port of discharge mentioned in the agreement, the master may discharge any seaman, and any seaman may obtain his or her discharge.
(4) No seaman shall be discharged, nor be entitled to be discharged, under subsection (3), unless he or she has received from, or given to, the master, on any day other than Saturday and at least 24 hours before the ship leaves the port, 24 hours’ notice of the proposed or required discharge.
(5) Any seaman discharged, or who claims his or her discharge, under subsection (3), shall be entitled to receive from the master or owner:
(a) a free passage to the proper return port of the seaman;
(b) wages, at the rate provided for in his or her agreement, until he or she arrives at the proper return port;
(c) where a passage to the proper return port is not made available to the seaman at the time he or she is discharged and it is necessary for the seaman to obtain accommodation ashore, an allowance for victualling and accommodation at the rate of $2 per day or at such other rate as is provided for in the seaman’s agreement, whichever is the higher, for the period during which it is necessary for the seaman to reside ashore and until the passage to the proper return port is made available; and
(d) where the passage provided to the proper return port is otherwise than by sea, an allowance for victualling at the rate of $1.50 per day or at such other rate as is provided for in the seaman’s agreement, whichever is the higher, for the period occupied by the journey:
Provided that if his or her return to the proper return port is delayed by any act or default of the seaman, he or she shall not be entitled to wages or allowance for victualling and accommodation during the period of the delay.
(6) Victualling and accommodation allowances provided for in this section may be sued for and recovered by the seaman in the same manner as wages.
52 Owner or master to furnish details of crew of ship
(1) The owner or master of a ship to which this Part applies shall, at such times as are required by the Authority, furnish to a prescribed person such details of, and such details of changes in, the crew of the ship as are prescribed.
Penalty (on owner and master): $1,000.
(2) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
53 Copy of agreement to be posted up
(1) The master of a ship shall cause a legible copy of the agreement (being a copy which does not contain the names or signatures of, or particulars relating to, the master and members of the crew of the ship) to be posted up in a part of the ship to which all members of the crew have access and shall use all reasonable precautions to keep the copy so posted up until the termination of the agreement.
Penalty: $1,000.
(2) A person commits an offence if:
(a) a copy of an agreement has been posted under subsection (1); and
(b) the person does an act; and
(c) the act results in the defacing or destruction of the agreement.
Penalty: $500.
(3) Strict liability applies to paragraph (2)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.
54 Agreements to be delivered to proper authority
The master of a ship shall, within 7 days after the discharge of the ship’s crew, deliver the agreement, or a copy of it, to a proper authority.
Penalty: $1,000.
55 Erasures and alterations
(1) Every erasure, interlineation or alteration in the agreement, shall be wholly inoperative unless proved to have been made with the consent of all the persons interested in the erasure, interlineation, or alteration.
(2) A certificate signed by a proper authority that an erasure, interlineation or alteration in an agreement was made with the consent of all the persons interested is, in all courts, evidence of the matter certified to.
56 Offences
Any person who:
(a) fraudulently alters an agreement, or
(b) makes a false entry in an agreement, or
(c) delivers a false copy of an agreement;
shall be guilty of an offence punishable on conviction by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both.
57 Evidence as to agreement
A seaman may, in any proceeding, bring forward evidence to prove the contents of the agreement, or otherwise to support his or her case, without producing or giving notice to produce the agreement or a copy thereof.
59 Obligation as to seaworthiness
In every contract of service, express or implied, between:
(a) the owner of a ship and the master; or
(b) the owner or master and a seaman;
there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship that the owner and the master, and every agent charged with loading the ship or preparing the ship for sea or sending the ship to sea, shall use all reasonable means to insure the seaworthiness of the ship for the voyage at the time when the voyage begins, and to keep the ship in seaworthy condition for the voyage during the voyage.
59A Abolition of defence of common employment
(1) Where injury or damage is suffered by a seaman by reason of the wrongful act, neglect or default of another person engaged in common employment with the seaman, the employer is liable in damages in respect of that injury or damage in the same manner and in the same cases as if they had not been engaged in common employment.
(2) This section applies to injury or damage arising from a wrongful act, neglect or default committed after the date of commencement of this section, whether the contract of service was made before or is made after that date.
(2A) Notwithstanding sections 2 and 10, this section applies in relation to all ships.
(3) In this section, seaman includes master.
59B Shipowner not entitled to limit liability in respect of certain claims
(1) In this section:
Convention has the same meaning as in the Limitation of Liability for Maritime Claims Act 1989.
(2) The owner of a ship is not entitled to limit his, her or its liability in respect of any claim of a kind specified in paragraph (1)(a) of Article 2 of the Convention made by:
(a) a servant of the owner whose duties are connected with the ship; or
(b) any heir or dependant of the servant or any other person who is, within the meaning of paragraph (e) of Article 3 of the Convention, a person entitled to make such a claim.
Division 9—Discharge of seamen
61 Provision of discharges to seamen
When a seaman is discharged from a ship, the master of the ship shall:
(a) sign and give to the seaman a discharge in accordance with the prescribed form; and
(b) return to the seaman any previous discharge of the seaman in the possession of the master.
Penalty: $1,000.
62A Discharge of seamen outside Australia
(1) The master of a ship shall not, at a port outside Australia, discharge a seaman from the ship unless:
(a) the master has given the seaman such notice as is reasonable in the circumstances of the master’s intention to discharge the seaman; and
(b) in a case where the seaman has requested the master to obtain the approval of a proper authority to the discharge—a proper authority has approved the discharge.
Penalty: $1,000.
(2) A proper authority may withhold his or her approval to the discharge of a seaman under subsection (1) if he or she is of the opinion:
(a) that the discharge cannot be effected except in contravention of the agreement with the seaman, of a provision of this Act or of a law of the country in which the discharge is to be made; or
(b) that the discharge of the seaman would be unjust.
(3) If a ship is sold, transferred or otherwise disposed of while the ship is at a port in a country other than a prescribed country, the master shall, notwithstanding anything contained in the ship’s agreement, discharge each seaman entered on board the ship other than a seaman who consents in writing to continue to serve on the ship.
(4) Subsection 50(5) applies to and in relation to a seaman discharged in pursuance of subsection (3) of this section as if that seaman had been discharged in pursuance of subsection 50(3).
63 False discharges
No person shall give to any seaman a discharge which falsely indicates the capacity in which the seaman actually served or the time during which the seaman served in that capacity.
Penalty: $2,000.
68 Offences in relation to certificates of discharge
(1) A person shall not:
(a) sign or give a false certificate of discharge;
(b) forge or fraudulently alter a certificate of discharge;
(c) fraudulently use, or fraudulently produce to a proper authority, a certificate of discharge that is forged, is altered or does not relate to the person; or
(d) allow a person to use fraudulently a certificate of discharge that does not relate to the last‑mentioned person.
Penalty: $5,000 or imprisonment for 2 years, or both.
(2) In this section:
certificate of discharge includes a copy of such a certificate.
Division 10—Seamen’s wages
70 Allotment of seaman’s wages
(1) Subject to this section, a seaman who is engaged in Australia for service in a ship may make stipulations for the allotment and payment of portion of his or her wages as a seaman:
(a) a person who is or is stated by the seaman to be:
(i) the grandparent, parent, wife, husband, de facto partner, brother, sister, child or grandchild of the seaman; or
(ii) a person towards the maintenance of whom the seaman contributes; or
(b) a bank.
(2) Except by agreement with the master of the ship on which he or she engages to serve, a seaman is not entitled to make stipulations under this section for the allotment of a portion of his or her wages which, or of portions of his or her wages the total of which, is greater than three‑fourths of the wages.
(3) A stipulation under this section is of no force unless:
(a) an allotment note in the prescribed form, or in a form approved by the Authority by instrument in writing, is signed by the master and the seaman; and
(b) the sum allotted is specified in the agreement with the seaman.
(4) A seaman engaged in Australia for service in a ship shall not make stipulations for the allotment and payment of his or her wages, or any portion of his or her wages, otherwise than in accordance with this section.
(5) For the purposes of subparagraph (1)(a)(i), if one person is the child of another person because of the definition of child in this Act, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
71 Right to sue upon allotment notes
(1) When an allotment note is made in favour of any person, he or she may sue for and recover the wages allotted by it, when and as they are made payable, with costs, from any person who has authorized the drawing of the note, in a County Court, District Court, or Local Court of any State, or in a court of summary jurisdiction.
(2) In any such proceeding, it shall be sufficient for the claimant to prove that he or she is the person mentioned in the note, and that the note was given by the owner or master, or some authorized agent; and the seaman shall be presumed to be duly earning his or her wages unless the contrary is shown to the satisfaction of the Court by:
(b) a certified copy of some entry in the official log‑book to the effect that he or she has left the ship; or
(c) such other evidence as the Court, in its absolute discretion, considers sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid.
(3) No recovery shall be made on an allotment note if the seaman is shown, in manner aforesaid, to have forfeited or ceased to be entitled to the wages out of which the allotment is to be paid.
72 Commencement of payment
(1) Payment under an allotment note shall, except as provided by subsection (2), begin at the expiration of one month from the date of the agreement and shall be made at the expiration of every subsequent month after the first month, and shall be made only in respect of wages earned before the date of payment.
(2) By agreement with the master an allotment note may be granted to a seaman providing for payment at a period earlier than one month from the date of the agreement and at intervals more frequent than one month.
73 Allotment to banks
An allotment to a bank shall be in favour of such persons, and carried into effect in such manner, as is prescribed.
75 Payment of wages on discharge
(1) Where a seaman is discharged, the seaman shall, before or at the time of discharge, be paid the amount of wages due up to that time, less any deductions specified in the account required to be delivered under subsection 76(1).
Penalty (on the owner and master): $1,000.
(3) It is a defence to a prosecution for an offence against subsection (1) if the person charged proves that the failure to pay to the seaman the amount of his or her wages in accordance with that subsection was due to the seaman’s act or default, to a reasonable dispute as to liability for those wages or to any other cause not attributable to the wrongful act or default of the person charged or of any person acting on his or her behalf.
75A Computation of wages
(1) Where the wages of a seaman are payable at a rate per month, a month shall, for the purposes of this Act, be deemed to be:
(a) the period from and including a day in one calendar month to and including the day before the numerically corresponding day in the next succeeding month; or
(b) where there is not in the next succeeding month a day numerically corresponding to the day in the first‑mentioned month, the period from and including the first‑mentioned day to and including the last day of that next succeeding month.
(2) In the calculation of the wages of a seaman for a period of less than a month, being wages payable at a rate per month, each day in that period shall, for the purposes of this Act, be deemed to be one‑thirtieth part of a month.
76 Account of wages on discharge
(1) The master of a ship who discharges a seaman at any port shall deliver to the seaman at the prescribed time and in the prescribed form or in a form approved by the Authority by instrument in writing, a full and true account of the wages of the seaman and of the deductions made or to be made for any reason from those wages.
Penalty: $1,000.
(3) Subject to subsection (5), the master shall during the voyage enter in a book to be kept for that purpose, as they occur, the various matters in respect of which any deductions from wages are made and the amounts of the respective deductions which shall be initialed or signed by the seaman and no deduction shall be allowed unless so entered.
(4) The Authority may disallow any such deduction.
(5) The Authority may, by instrument in writing, direct that, subject to such conditions (if any) as are specified in the direction, subsection (3) does not apply in relation to the master of a specified ship or the master of a ship included in a specified class of ships.
77 Time for payment of wages
(1) Subject to any provision to the contrary in his or her agreement and to subsection (2), a seaman entered on board a ship shall, after all lawful deductions have been made:
(a) be paid, on the first day of each month, the wages earned by the seaman during the period that commenced on the sixteenth day, and ended on the last day, of the month last preceding that month; and
(b) be paid, on the sixteenth day of each month, the wages earned by the seaman during the period that commenced on the first day, and ended on the fifteenth day, of that month.
(2) Where, on a day on which a seaman is required to be paid wages under subsection (1), the ship on which he or she is entered is not in port, or is in a port at which there is no bank, the seaman shall be paid the wages within a period of 24 hours after the arrival of the ship at a port at which there is a bank.
(3) Subject to subsection (5), if a payment of wages is not made to a seaman at or before the time when the payment is required to be made to the seaman under the preceding provisions of this section, he or she is entitled to recover from the owner or master of the ship, in addition to the wages due to the seaman, a sum equal to 2 days’ pay for each of the days, not including days in excess of 14, during which payment of the wages is delayed beyond that time or such lesser sum as the Court thinks just in the circumstances.
(4) An amount which a seaman is entitled to recover under subsection (3) may be recovered in the same Court and in the same manner as wages due to the seaman.
(5) It is a defence to an action for the recovery of an amount under subsection (3) if the person against whom the action is brought satisfies the Court:
(a) that:
(i) the seaman became entitled to the payment of wages on a day on which it was impracticable for moneys with which to pay the wages to be obtained by the master from a bank in the port in which the ship lay; and
(ii) the wages were paid as soon as practicable after that day; or
(b) that the delay in payment of the wages was due to the seaman’s act or default, to a reasonable dispute as to liability for the wages or to any other cause not attributable to the wrongful act or default of the owner or master of the ship.
(6) In this section:
wages, in relation to a seaman, does not include a payment or allowance for the working of overtime or any other payment or allowance not included in the ordinary wages of the seaman.
78 Wages to run on in certain cases
If a seaman’s wages are not paid in accordance with section 75 before or at the time the seaman is given his or her discharge from a ship, the seaman’s wages shall continue to run until the time of the final settlement of his or her wages (and shall be payable at double rates for any period after the time the seaman is given his or her discharge from the ship) unless the delay is due to the seaman’s act or default, to a reasonable dispute as to liability for the wages or to any other cause not attributable to the wrongful act or default of the owner or master of the ship.
81 Reference of differences to superintendent
(1) A master or owner may agree with a seaman to refer a question which has arisen between them to a superintendent for his or her decision.
(2) A superintendent may hear and decide a question referred to him or her under subsection (1).
(3) An agreement referred to in subsection (1) shall, unless the contrary intention appears from the agreement, be deemed to contain a provision that the decision of the superintendent shall be final and binding on each party to the agreement and a person claiming under such a party.
(4) A superintendent who gives a decision on a question referred to him or her under this section shall record that decision in a document under his or her hand and that document is admissible in evidence.
82 Commencement of right to wages
(1) Subject to this Act, a seaman’s right to wages begins:
(a) at the time at which he or she commences work; or
(b) at the time specified in his or her agreement for his or her commencement of work or presence on board;
whichever is the earlier.
(2) If the engagement of a seaman for service on a ship terminates and, on the same day, the seaman is engaged again for service on the same ship, he or she is not entitled to wages in respect of that day under both engagements, but, if the seaman works under the new engagement on that day and the rate of his or her wages under the new engagement is higher than the rate of his or her wages under the old engagement, he or she is entitled to wages in respect of that day at the higher rate.
83 Recovery of wages
(1) No seaman shall, by any agreement:
(a) be deprived of any remedy for the recovery of his or her wages; or
(b) forfeit his or her lien upon the ship for his or her wages; or
(c) abandon his or her right to wages in case of the loss of the ship; or
(d) abandon any right that he or she may have or obtain in the nature of salvage.
(2) The lien for seamen’s wages shall have priority over all other liens.
(3) Every stipulation in any agreement, inconsistent with any provision of this Act, shall be void.
(4) Nothing in this section shall apply to a stipulation made by any seaman, belonging to a ship which according to the terms of the agreement is to be employed exclusively on salvage service, with respect to the remuneration to be paid to the seaman for salvage service to be rendered by that ship to any other ship.
84 Wages not to be dependent on the earning of freight
The right to wages shall not depend on the earning of freight; and every seaman who would be entitled to demand and recover any wages, if the ship in which the seaman has served had earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover his or her wages, notwithstanding that freight has not been earned.
But in all cases of wreck or loss of the ship, proof that any seaman has not exerted himself or herself to the utmost to save the ship, human life, cargo, stores, and equipment, shall bar his or her claim to wages.
85 Right to conveyance and wages in case of termination of services by wreck or loss
(1) Where the service of a seaman belonging to a ship is terminated, before the time contemplated in the seaman’s agreement, by reason of the wreck or loss of the ship, the seaman is, subject to this section, entitled to:
(a) conveyance, by or at the cost of the owner of the ship, to the proper return port of the seaman; and
(b) wages, at the rate payable on the day of the termination of the seaman’s services, in respect of each day during the period commencing on the day after the day of the termination of the seaman’s service to the day on which he or she reaches the port to which the seaman is so conveyed and for a period of one month after he or she reaches that port.
(2) A seaman is not entitled to wages in respect of a day on which the seaman’s conveyance is delayed by his or her own act, default or neglect.
(3) Where:
(a) the period for which a seaman is entitled to wages under subsection (1) is less than 2 months; and
(b) the seaman is unemployed after he or she reaches the port to which he or she is conveyed under that subsection;
the seaman is entitled to wages, at the rate payable on the day of the termination of his or her service, for each day on which the seaman is so unemployed, not being a day which is more than 2 months after the day on which the seaman’s services were terminated.
(4) A seaman is not entitled to wages under subsection (3):
(a) where the owner shows that the unemployment was not due to the wreck or loss of the ship; or
(b) for a day in respect of which the owner shows that the seaman was able to obtain suitable employment.
(5) Where a seaman whose service is terminated by the wreck or loss of the ship was engaged by the run, the seaman is entitled to the wages to which he or she would have been entitled if the agreement had not been terminated until the end of the run, subject to all just deductions.
(6) In this section:
seaman includes a person employed or engaged in any capacity on board the ship, but, in the case of a ship which is a fishing vessel, does not include a person who is entitled to be remunerated only by a share in the profits or the gross earnings of the working of the ship.
wages includes such allowances as are prescribed.
88 Compensation for premature discharge
(1) If a seaman is discharged, otherwise than in accordance with the terms of his or her agreement or the provisions of this Act, without fault on the part of the seaman justifying that discharge, and without the seaman’s consent, the seaman shall be entitled to receive from the master or owner, in addition to any wages the seaman has earned, compensation not being less than one month’s wages, and may recover that compensation as if it were wages duly earned.
(2) If the seaman is so discharged elsewhere than at the proper return port of the seaman, the provisions of subsections 50(5) and (6) shall also apply as if the seaman had been discharged in pursuance of subsection 50(3).
91 Jurisdiction as to wages
(1) The Supreme Court of any State, and, to the extent that the Constitution permits, the Supreme Court of the Australian Capital Territory or the Supreme Court of the Northern Territory and any Court having civil jurisdiction in respect of the amount of the claim, shall have jurisdiction to try and determine the following causes:
(a) Any claim by or on behalf of a seaman of a ship for wages earned by the seaman on board the ship, whether under a special contract or otherwise;
(b) Any claim by or on behalf of the master of a ship for wages earned by the master on board the ship, and for disbursements made by the master on account of the ship.
93 Wages not recoverable abroad in certain cases
(1) Where a seaman is engaged in Australia for a voyage or engagement which is to terminate in Australia the seaman shall not be entitled to sue in any Court abroad for wages, unless the seaman is discharged with such sanction as is required by law and with the written consent of the master or proves such ill‑usage on the part or by the authority of the master as to warrant reasonable apprehension of danger to his or her life or health if the seaman were to remain on board.
(2) If a seaman, on his or her return to Australia, proves that the master or owner has been guilty of any conduct or default which, but for this section, would have entitled the seaman to sue for wages before the termination of the voyage or engagement, the seaman shall be entitled to recover, in addition to his or her wages, such compensation as the Court hearing the case thinks reasonable.
94 Master’s remedies for wages
(1) The master of a ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of his or her wages as a seaman has by law or custom.
(2) The master of a ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of disbursements or liabilities properly made or incurred by the master on account of the ship as a master has for the recovery of his or her wages.
(3) If in any proceeding in any Court touching the claim of a master in respect of wages, or of such disbursements or liabilities as aforesaid, any right of set‑off or counter‑claim is set up, the Courts may enter into and adjudicate upon all questions and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding, and may direct payment of any balance found to be due.
Division 12—Discipline
101 Smuggling by crew
(1) If a seaman commits any act of smuggling by which loss or damage is occasioned to the master or owner of the ship, the seaman may be ordered by any court of summary jurisdiction to pay to the master or owner a sum sufficient to recoup the loss or damage, and that sum may, without prejudice to any other remedy, be deducted from any wages due to the seaman.
(2) Nothing in this section shall relieve any seaman from any penalty incurred on account of any act of smuggling.
104 Stowaways and distressed seamen
(1) No person shall secrete himself or herself and go to sea in a ship (whether or not it is a ship to which this Part applies) without the consent of some person entitled to give that consent.
Penalty: $1,000.
(2) Every person whom the master of a ship is legally compelled to convey, and every person who goes to sea in a ship without such consent as aforesaid, shall, so long as he or she remains in the ship, be subject to the same laws and regulations for preserving discipline as if he or she were a member of the crew, and had signed the agreement.
110 Return of foreign‑going seaman to ship
(1) When a seaman belonging to a ship that is about to proceed on an overseas voyage from an Australian port is imprisoned on summary conviction for any term, and his or her ship will leave Australia before the expiration of the seaman’s sentence, the Authority may, with the consent of the seaman, cause the seaman to be delivered to the master of the ship at any time within 24 hours before sailing, and the master shall keep the seaman on board under custody till the ship has left port.
(2) All expenses incurred in connexion with such delivery and custody shall be paid by the master.
113 Questions as to deductions
Any question concerning deductions from the wages of a seaman may be determined in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect of which the question arises has not been made the subject of any criminal proceeding.
Division 13—Provisions
116 Bad provisions or water
(1) If 3 or more of the crew of a ship consider that their provisions or water are of bad quality, or deficient in quantity, they may complain thereof to a superintendent, who shall examine the provisions and water or cause them to be examined.
(2) If the Authority is satisfied, from the report of the superintendent or other official making the examination, that the provisions or water are of bad quality or deficient in quantity, it shall, by writing, require the master to provide provisions and water of good quality, or sufficient in quantity, as the case may be, and to cease to use or supply to the crew any provisions or water found to be of bad quality, and the master shall comply with the requisition.
Penalty (on master): $2,000.
(3) The superintendent or person making the examination shall enter the result thereof in the official log‑book.
(4) If the Authority certifies that there was no reasonable ground for the complaint, each of the complainants shall be liable to forfeit out of his or her wages a sum not exceeding one week’s wages.
(5) For the purposes of subsection (2), any requirement made by the Authority may be made by telegram signed by the Authority and addressed to the master of the ship in question.
117 Provisions adequate for voyage
The master of a ship must not undertake a voyage unless the ship is carrying:
(a) water of suitable quality and quantity; and
(b) food of suitable quality, quantity, nutritive value and variety;
having regard to the nature and duration of the voyage and the size of the crew.
117A Adequate food catering facilities to be provided
The owner of a ship must not allow the ship to undertake a voyage unless the ship has catering facilities that are so arranged and equipped as to enable proper meals to be served to the crew.
119 Weights and measures
In the event of any dispute as to the quantities of articles served out to the crew of a ship, the master shall cause the quantities to be weighed or measured in the presence of a witness by just and correct weights and measures.
Penalty: $500.
120 Inspection of provisions and water
(1) The Authority may, in any case where it thinks it necessary or desirable so to do, authorize an official to inspect the provisions and water which are on a ship at a port in Australia and are intended for the use of the crew of the ship.
(2) If the person so inspecting finds that the provisions or water are not of good quality, the ship shall be detained until provisions or water are supplied to the satisfaction of that person.
(3) If any provisions or water are found deficient in quality under this section, the master of the ship shall be guilty of an offence, unless it is proved to the satisfaction of the Court:
(a) that the finding of the inspecting official was not justified; or
(b) that the responsibility for the defects in the provisions or water rests upon some other person.
Penalty: $1,000.
(4) The owner of any ship, or the agent of the owner, or any other person, supplying or causing to be supplied provisions or water which are afterwards found deficient under this section shall be guilty of an offence unless it is proved to the satisfaction of the Court:
(a) that the provisions or water were not deficient when supplied; or
(b) that when the provisions or water were supplied he or she did not know and had no reasonable cause to believe that they were deficient in quality, and had taken reasonable precautions to ascertain that they were not so deficient.
Penalty: $1,000.
122 Disposal of bad provisions
All provisions examined or inspected under this Division and found to be of bad quality shall be disposed of as the Authority directs.
Division 14—Health
123 Medical Inspectors of Seamen
(1) The Authority may appoint a person who is a duly qualified medical practitioner to be a Medical Inspector of Seamen.
(2) Before the examination of a person by a Medical Inspector of Seamen for the purposes of this Act, the person at whose request the examination is to be made shall pay the prescribed fee.
124 Medical examination of masters and seamen
(1) The regulations may make provision for or in relation to the medical examination of, and the issue of certificates of fitness to, masters, seamen and persons proposing to engage in employment as masters or seamen.
(2) The regulations made by virtue of subsection (1) may include provisions prohibiting the engagement of a person as a master or seaman unless that person is the holder of a certificate issued under those regulations.
125 Medicines etc. to be carried on ships
(1) The master of a ship shall not take the ship to sea, and the owner or agent of the ship shall not permit the ship to be taken to sea, unless the ship is provided, in accordance with the regulations, with:
(a) medicines, medical and surgical stores and appliances and anti‑scorbutics; and
(b) instructions for dispensing and using medicines, medical and surgical stores and appliances.
Penalty: $2,000.
(2) It is a defence to a prosecution for an offence against subsection (1) if the person charged with the offence satisfies the court in which the prosecution is brought that the failure to comply with the subsection was not due to any act or default on his or her part.
126 Inspection of medicines
(1) The Authority may nominate any duly qualified person to inspect the medicines, medical and surgical stores, and anti‑scorbutics, required by this Part to be carried.
(2) The master, on being required by that person, shall make good any deficiency in quantity or quality of such articles.
Penalty: $2,000 or imprisonment for 12 months, or both.
127 Owner liable for medical attendance etc.
(1) If a seaman belonging to a ship:
(a) receives a hurt or injury, or contracts a disease; or
(b) suffers from any illness, not being an illness due to a wilful act or default, or to misbehaviour, on the part of the seaman;
and the seaman is not at his or her proper return port, the expense of:
(c) providing the necessary surgical and medical advice and attendance, and medicine, until the seaman is cured, dies or arrives at that port;
(d) the maintenance of the seaman until he or she is cured, dies or arrives at that port;
(e) the conveyance of the seaman to that port; and
(f) if the seaman dies before arriving at that port—his or her burial or, if the seaman’s body is conveyed to that port at the request of a member of his or her family, the conveyance of the seaman’s body to that port;
shall be defrayed by the owner of the ship without deduction from the wages of the seaman.
Note: In relation to paragraph (1)(f), see also subsection 6(8).
(2) For the purposes of subsection (1), where a seaman suffers from a venereal disease, that disease shall not be deemed to be due to a wilful act or default, or to misbehaviour, on the part of the seaman.
(3) If:
(a) a seaman belonging to a ship is suffering from a disease or illness; and
(b) the seaman is, for the purpose of preventing infection or otherwise for the convenience of the ship, temporarily removed from his or her ship;
the expense of:
(c) the removal of the seaman from, and the seaman’s return to, the ship;
(d) providing the necessary surgical and medical advice and attendance, and medicine, while the seaman is away from the ship; and
(e) the maintenance of the seaman while he or she is away from the ship;
shall be defrayed by the owner of the ship without deduction from the wages of the seaman.
(5) The expense of all surgical and medical advice and attendance, and medicine, given to a seaman belonging to a ship while the seaman is on board the ship shall be defrayed by the owner of the ship without deduction from the wages of the seaman.
(6) Any reasonable expenses incurred by the owner of a ship in respect of:
(a) an illness of a seaman belonging to the ship; or
(b) the burial of such a seaman who dies while on service;
not being expenses which are required to be defrayed by the owner of the ship under the preceding provisions of this section, may be deducted from the wages of the seaman.
(7) In this section, seaman includes master.
128 Recovery of expenses from owner
(1) If:
(a) any of the expenses attendant on the illness, hurt, or injury of a seaman, which are to be paid under this Act by the master or owner, are paid by any authority on behalf of the Commonwealth; or
(b) any other expenses in respect of the illness, hurt, or injury of any seaman whose wages are not accounted for under this Act to that authority are so paid;
those expenses shall be repaid to the authority by the master of the ship.
(2) If the expenses are not so repaid, the amount thereof shall with costs be a charge upon the ship, and be recoverable:
(a) from the master or owner of the ship for the time being; or
(b) where the ship has been lost—from the person who was the owner of the ship immediately prior to the time of its loss or abandonment; or
(c) where the ship has been transferred to some person not being a British subject or a citizen of a prescribed country—either from the owner for the time being or from the person who was the owner at the time of transfer;
as a debt to the Commonwealth, either by ordinary process of law or in the same court and manner as wages due to seamen.
(3) In any proceeding for such recovery, a certificate of the facts, signed by the said authority, together with such vouchers (if any) as the case requires, shall be sufficient proof that the expenses were duly paid by that authority.
132 Wages of seaman left on shore sick or injured
(1) Where a seaman belonging to a ship is left on shore at his or her proper return port by reason of illness, hurt or injury, the seaman is, subject to this section and section 132B, entitled to receive wages, at the rate fixed by the seaman’s agreement, in respect of each day during the period commencing on the day on which the seaman was left on shore and ending:
(a) on the day of his or her recovery; or
(b) at the expiration of a period of 3 months after the day on which he or she was left on shore;
whichever first occurs.
(2) Where a seaman belonging to a ship is left on shore at a port other than his or her proper return port by reason of illness, hurt or injury, the seaman is, subject to this section and section 132B, entitled to receive wages, at the rate fixed by the seaman’s agreement, in respect of each day during the period commencing on the day on which the seaman was left on shore and ending:
(a) in a case in which the seaman arrives at that port before his or her recovery:
(i) on the day of his or her recovery; or
(ii) at the expiration of a period of 3 months after the date of that arrival;
whichever first occurs; and
(b) in a case in which the seaman does not arrive at that port before his or her recovery:
(i) when the seaman arrives at that port;
(ii) when the seaman rejoins the ship; or
(iii) when the seaman engages in other employment;
whichever first occurs.
(3) If, after the recovery of a seaman entitled to receive wages under subsection (2) and before the seaman arrives at that port:
(a) he or she refuses or fails, without the approval of a proper authority to accept an offer of employment on a ship which is proceeding to that port, being employment under the terms of which:
(i) he or she would have been paid wages at a rate not less than the rate fixed by the agreement under which he or she served on the ship from which he or she was left on shore; and
(ii) he or she would have had the right to be discharged on arrival at that port; or
(b) the seaman refuses or fails, without reasonable excuse, to rejoin the ship from which he or she was left on shore or to accept conveyance back to that port by or at the cost of the owner of that ship;
the seaman is not entitled to receive wages in respect of any period after that refusal or failure.
(4) A seaman who, before his or her recovery, is fit to travel is not entitled to wages under subsection (2) in respect of a day on which the seaman’s conveyance to the seaman’s proper return port by or at the cost of the owner of the ship from which he or she was left on shore is delayed by an act, default or neglect on the part of the seaman.
(4A) Where a seaman becomes entitled to receive wages under this section but dies before he or she ceases to be so entitled, the period in respect of which the seaman is entitled so to receive wages is the period commencing on the day on which he or she was left on shore and ending on the day of his or her death.
(5) If:
(a) a seaman who is left on shore from a ship is not paid wages to which the seaman is entitled under subsection (1) or (2); or
(b) a seaman who is left on shore at a port other than that port, being a seaman who is entitled to be paid wages under subsection (2), is brought or taken back to that port at the direction of the owner or agent of the ship at a time before his or her recovery when the seaman is not fit to travel;
the owner and agent of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $2,000.
(5A) An offence under subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) A seaman is entitled to wages under this section by reason of an illness, hurt or injury only if the illness, hurt or injury:
(a) is not due to a wilful act or default, or to misbehaviour, on the part of the seaman;
(b) is such as to incapacitate the seaman wholly from the performance of his or her duty;
(c) is, or appears to be, of such a nature as to require, or to be likely to require, medical treatment for a period exceeding 7 days from and including the day on which the seaman became so incapacitated; and
(d) was not knowingly concealed by the seaman from the person who employed or engaged the seaman at the time the seaman was employed or engaged.
(6A) A seaman is not entitled to wages under this section by reason of an illness, hurt or injury, occurring after the day on which this subsection commences, if the seaman is entitled to compensation under Division 3 of Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 in respect of that illness, hurt or injury.
(6B) A seaman can be taken, for the purposes of subsection (6A), to be entitled to compensation under Division 3 of Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 even though the seaman:
(a) has failed to give written notice of the illness, hurt or injury under section 62 of that Act; or
(b) has failed to make a claim for compensation under section 63 of that Act.
(6C) If:
(a) a seaman is left on shore by reason of illness, hurt or injury; and
(b) the owner:
(i) considers the seaman is entitled to compensation under the Seafarers Rehabilitation and Compensation Act 1992; and
(ii) because of the operation of subsection (6A), intends not to pay wages in respect of any period during which the seaman is left on shore;
the owner must advise the seaman, by notice in writing given to the seaman, of that intention.
(6D) A notice given under subsection (6C) is not to be taken as a determination of liability under section 73 of the Seafarers Rehabilitation and Compensation Act 1992.
(7) For the purposes of paragraph (6)(a), where a seaman suffers from a venereal disease, that disease shall not be deemed to be due to a wilful act or default, or to misbehaviour, on the part of the seaman.
(8) In this section:
agreement, in relation to the master of a ship, means the agreement made by the master to serve on the ship.
recovery, in relation to a seaman, means the recovery of the seaman as certified by a Medical Inspector of Seamen or any other duly qualified medical practitioner.
seaman includes master.
132A Security for expenses and wages of seaman left behind
(1) A proper authority may require the owner, agent or master of a ship from which a seaman is left on shore:
(a) to deposit with the proper authority such sum as the proper authority considers necessary to cover the liability, or expected liability, of the owner in respect of the seaman under section 127 or section 132; or
(b) to give security for the payment by the owner of amounts for which the owner is, or may become, liable in respect of the seaman under either of those sections.
(2) A person shall comply with a requirement made by a proper authority under subsection (1).
Penalty: $1,000.
(2A) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) An amount deposited with a proper authority under subsection (1) may be expended by the proper authority in discharging the liabilities in respect of which it was deposited and the balance, if any, shall be paid to the person by whom it was deposited.
(4) In this section, seaman includes master.
132B Seaman left on shore to furnish address and to report for medical examination
(1) A seaman who is left on shore and is entitled to receive wages under section 132 shall inform a proper authority of his or her address and, if the seaman changes his or her address, shall inform the proper authority of his or her new address.
(2) If, at the expiration of a period of 48 hours after being left on shore or after the change of address, as the case may be, the seaman, without reasonable excuse, fails to inform the proper authority of his or her address or new address, as the case may be, the seaman is not entitled to receive wages under section 132 in respect of any period after the expiration of the period of 48 hours and before he or she so informs the proper authority.
(3) The owner, agent or master of a ship may, by notice in writing given to a seaman who:
(a) has been left on shore from the ship;
(b) is entitled to receive wages under section 132; and
(c) is not an in‑patient in a hospital;
direct the seaman to submit himself or herself for medical examination to a duly qualified medical practitioner specified in the notice at or before such time as is so specified and, if the seaman, without reasonable excuse, fails to submit himself or herself for medical examination to the medical practitioner at or before that time, the seaman is not entitled to receive wages under that section in respect of any period after that time and before he or she submits himself or herself for medical examination to that medical practitioner or to such other duly qualified medical practitioner as the owner, agent or master directs.
(4) Nothing in this section affects the entitlement of a seaman to wages under section 132 in respect of a period during which the seaman is an in‑patient in a hospital.
(5) In this section, seaman includes master.
133 Medical practitioners and first aid attendants
(1) The owner or master of every:
(a) ship proceeding on an overseas voyage; or
(b) other ship on a passage between 2 consecutive ports which exceeds such distance as is prescribed;
having 100 persons or upwards on board shall cause to be carried as part of its complement, a duly qualified medical practitioner.
(2) The owner or master of every:
(a) ship proceeding on an overseas voyage; or
(b) other ship on a passage between 2 consecutive ports which exceeds such distance as is prescribed;
having more than 10 and less than 100 persons on board, and not carrying a duly qualified medical practitioner as part of its complement, shall cause to be carried as part of its complement a person certified to by a Medical Inspector of Seamen or a prescribed authority as qualified to render “first aid”.
Penalty: $2,000 or imprisonment for 12 months, or both.
134 Regulations to give effect to the Medical Examination (Seafarers) Convention 1946
(1) The regulations may make provision for, or in relation to, giving effect to the Medical Examination (Seafarers) Convention 1946 adopted by the General Conference of the International Labour Organisation on 29 June 1946.
(2) If a provision of the Convention applies only to a particular class of ships or to ships engaged on a particular class of voyages, a regulation that gives effect to that provision may be applied to ships of any other class or to ships engaged in any other class of voyages.
(3) Section 2 does not apply to a regulation made for the purposes of this section.
(4) Regulations and orders giving effect to the Convention do not apply to a ship referred to in paragraph 2(1)(a), (b), (c) or (d) to the extent that a law of a State or of the Northern Territory gives effect to the Convention in relation to that ship.
Division 15—Accommodation
135 Application of Division
This Division applies subject to any award in force under the Workplace Relations Act 1996 that was made:
(a) in relation to an industrial issue referred to in paragraph 5(3)(b) of that Act as in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005; or
(b) under Division 2 of Part III of the Conciliation and Arbitration Act 1904.
136 Regulations relating to accommodation
(1) The Governor‑General may make regulations prescribing the accommodation to be provided for the master, officers and crew of a ship and, without limiting the generality of the foregoing, prescribing matters for or in relation to:
(a) the minimum amount of space to be provided for each person;
(b) the maximum number of persons to be accommodated in a specified part of a ship;
(c) the part of a ship in which the whole or a part of the accommodation is to be provided;
(d) the requirements to be observed in the construction, furnishing and equipment of the accommodation, including heating, lighting and ventilation;
(e) the maintenance and repair of the accommodation;
(f) the prohibition or restriction of the use of accommodation for a purpose other than that specified;
(g) the provision of hot and cold fresh water;
(h) the provision of bedding, mess utensils, towels and toilet requisites;
(i) the inspection of the accommodation;
(j) the submission of plans and specifications relating to the provision or alteration of accommodation; and
(k) the modification of a provision of the regulations in its application to a ship, or the exemption of a ship from the application of a provision of the regulations, where the keel of the ship was laid before the date of commencement of the provision or the ship had reached, before that date, a stage of construction specified in the regulations for the purposes of this paragraph.
(2) The regulations may make provision in relation to giving effect to:
(a) the Accommodation of Crews Convention (Revised) 1949 adopted by the General Conference of the International Labour Organisation on 18 June 1949; and
(b) the Accommodation of Crews (Supplementary Provisions) Convention 1970 adopted by the General Conference of the International Labour Organisation on 30 October 1970.
(3) If a provision of either Convention applies only in relation to a particular class of ships or in relation to ships engaged on a particular class of voyages, a regulation that gives effect to that provision may be applied to ships of any other class or to ships engaged in any other class of voyages.
(4) Section 2 does not have effect in relation to a regulation made for the purposes of this section.
(5) Regulations and orders giving effect to the Conventions do not apply in relation to a ship referred to in paragraph 2(1)(a), (b), (c) or (d) to the extent that a law of a State or of the Northern Territory gives effect to the Conventions in relation to that ship.
137 Provision of ventilation and wheel‑houses
The Authority may require the owner of a ship to provide:
(a) such ventilation of the machinery and boiler spaces of the ship as the Authority considers necessary; and
(b) a wheel‑house, or such other shelter, as the Authority considers adequate for the protection of the helmsman.
138 Crew accommodation
(1) The Marine Council may:
(a) consider plans for accommodation, or alterations in accommodation, in ships; and
(b) make recommendations to the Minister in relation to the requirements to be prescribed in relation to accommodation in ships.
(2) Where:
(a) a question arises as to the accommodation that ought to be provided in a ship by the owner of the ship, either generally or for particular persons in, or in particular parts of, the ship; and
(b) the owner, or an association of seamen that is:
(i) a registered organisation within the meaning of Schedule 1 to the Workplace Relations Act 1996; or
(ii) a transitionally registered association within the meaning of Schedule 10 to the Workplace Relations Act 1996;
requests the Marine Council to hear and determine the question;
the Marine Council is to inquire into the question and make such order as it considers proper in the circumstances.
(3) An order under subsection (2):
(a) must be in writing; and
(c) has effect from the date of effect specified in the order; and
(d) has effect despite anything to the contrary in the regulations in force at the date of effect of the order.
138A Ships not to go to sea without required accommodation
The owner of a ship shall not suffer the ship to go to sea unless the ship is provided with the accommodation, wheel‑house or other shelter, and ventilation, with which the ship is required, under or by virtue of this Division, to be provided.
Penalty: $1,000.
138B Interpretation
In this Division:
accommodation includes sleeping rooms, mess rooms, duty rooms, recreation rooms, store rooms, change rooms, oilskin lockers, galleys, refrigerating chambers, sanitary and lavatory accommodation, hospital accommodation, office accommodation and catering accommodation.
Division 16—Protection of seamen
139 Facilities for making complaints etc.
(1) If a seaman who is a member of the crew of a ship informs the master of the ship that he or she wishes to go ashore:
(a) for the purpose of consulting a proper authority in connexion with a matter related to his or her employment on the ship; or
(b) for a purpose connected with legal proceedings, or proposed legal proceedings, against the master or a member of the crew of the ship;
the master of the ship shall not refuse the seaman leave to go ashore for that purpose at any reasonable time or otherwise prevent him or her from going ashore for that purpose.
(2) A seaman shall not obtain leave to go ashore under subsection (1) by means of a false or misleading statement or pretence or for a reason which is frivolous or vexatious.
Penalty: 10 penalty units.
140 Assignment of salvage
An assignment or sale of salvage prior to the accruing thereof shall not bind a seaman, and a power of attorney or authority to receive any such salvage shall not be irrevocable.
145 Persons unlawfully boarding, or remaining on board, ships
(1) A person, not being in the service of the Commonwealth or a State or Territory, shall not, unless authorized by law:
(a) go on board any ship (whether or not it is a ship to which this Part applies) which is about to arrive, is arriving or has arrived at the end of its voyage, without the permission of the master, before the seamen lawfully leave the ship at the end of their engagement, or are discharged (whichever last happens); or
(b) remain on board a ship (whether or not it is a ship to which this Part applies) after being warned to leave by the master, by an officer of Customs or by an officer of police.
Penalty: $1,000.
(2) Any officer of the ship, officer of Customs or officer of police may take any offender under this section into custody, and cause him or her forthwith to be taken before a proper Court to be dealt with.
147 Exemptions from serving on jury
Masters and seamen of all ships (whether or not they are ships to which this Part applies) shall be exempt from serving as jurors, whether under the law of the Commonwealth or of a State or Territory.
148 Rescission of contract
(1) In any proceeding before any Court affecting the relation between a seaman and the master or owner of any ship, the Court may rescind any contract in existence between the parties on such terms as the Court deems just.
(2) This power shall be in addition to any other jurisdiction which the Court can exercise independently of this section.
(3) Any of the parties to any such contract may institute proceedings under this section for the rescission of the contract.
148A Seaman not to be wrongfully left behind
(1) A person shall not wrongfully force on shore and leave behind at a place in Australia a seaman belonging to a ship (whether or not it is a ship to which this Part applies) or otherwise cause such a seaman to be wrongfully left behind at such a place, either on shore or at sea.
(2) A person shall not wrongfully force on shore and leave behind at a place outside Australia a seaman belonging to a ship, or otherwise cause such a seaman to be wrongfully left behind at such a place, either on shore or at sea.
Penalty: $5,000 or imprisonment for 2 years, or both.
148C Wages and effects of seaman left behind
(1) Subject to subsection (1A), if a seaman (other than a seaman discharged in accordance with this Act) is left on shore at any port, including a port outside Australia, from a ship, the master of the ship shall:
(a) prepare, in the prescribed form, a full and true account of the wages of the seaman, and enter in the official log‑book of the ship a statement of the wages due to the seaman;
(b) take into his or her charge any effects of the seaman left on the ship and enter in the official log‑book of the ship particulars of those effects;
(c) deliver the account prepared under paragraph (a) and any effects of the seaman which the master has taken into his or her charge under paragraph (b):
(i) to the seaman; or
(ii) if it is not practicable so to deliver the account and effects to the seaman—to a proper authority; and
(d) pay the amount of the wages due to the seaman:
(i) to the seaman; or
(ii) if it is not practicable so to pay the wages to the seaman or if a proper authority certifies in writing that he or she is of the opinion that the seaman deserted from the ship—to a proper authority.
(1A) Subsection (1) does not apply in relation to a seaman serving under articles of agreement where the seaman is left on shore at a port in accordance with the terms of the articles of agreement.
(2) Where the master of a ship delivers an account or effects, or pays the amount of any wages, to a proper authority under subsection (1), the master shall make an entry to that effect in the official log‑book of the ship stating the reason why the account or effects were not delivered, or the amount of wages were not paid, to the seaman.
(3) A proper authority to whom an account or effects are delivered, or an amount is paid, under subsection (1) shall transmit that account, those effects or that amount, as the case may be, to the Authority.
(4) Upon:
(a) the delivery by the master of a ship to a proper authority under this section of the effects of a seaman; or
(b) the payment by the master of a ship to a proper authority under this section of an amount of wages of a seaman;
the owner, agent and master of the ship are each discharged from further liability in respect of the effects so delivered or the amount so paid, as the case may be.
(5) If the master of a ship contravenes or fails to comply with a provision of this section, the owner of the ship and the master are each guilty of an offence punishable on conviction by a fine not exceeding $1,000.
(6) An offence under subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
148D Wages and effects to be held in trust
(1) Where an amount of wages of a seaman is transmitted to the Authority under section 148C, the Authority shall, subject to this section, hold that amount in trust for the seaman.
(3) Where a court has, under or in connection with this Act, imposed a pecuniary penalty on a seaman and the liability in respect of the penalty has not been otherwise discharged, the Authority may apply the whole or any part of an amount of wages of the seaman held by the Authority under this section in paying to the Commonwealth an amount not exceeding the amount of the penalty.
(4) Where the effects of a seaman are transmitted to the Authority under section 148C, the Authority shall, subject to subsection (5) of this section, hold those effects in trust for the seaman.
(5) The Authority may, after the expiration of one year from the time when the effects were transmitted to the Authority, and shall, not later than the expiration of 6 years from that time, cause those effects, or so much of those effects as are still held in trust by the Authority, to be sold by auction, and the Authority shall hold the proceeds of the sale in trust for the seaman.
Division 17—Property of deceased seamen
149 Interpretation
(1) In this Division, unless the contrary intention appears:
property, in relation to a deceased seaman, means money and effects of the seaman referred to in section 150 and the wages due to the seaman at the date of his or her death, after all lawful deductions have been made from those wages, and includes money and effects of the seaman which a proper authority takes into his or her charge under section 153.
seaman includes master.
(2) In the application of this Division in relation to the deceased master of a ship, a reference in this Division to the master of the ship shall be read as a reference to the officer having command or charge of the ship in succession to the deceased master.
150 Master to take charge of money and effects
If a seaman belonging to a ship dies, the master of the ship shall take into his or her charge any money or effects of the seaman which are on, or come on to, the ship and enter in the official log‑book of the ship such particulars with respect to that money and those effects as are prescribed.
151 Death of seamen abroad
(1) If a seaman belonging to a ship dies outside Australia or during a voyage to a port outside Australia and, after his or her death and before the ship arrives at a port in Australia, the ship is, for a period of at least 24 hours, at a port, the master of the ship shall:
(a) inform a proper authority that the seaman has died; and
(b) if the proper authority so requires, furnish to the proper authority information with respect to the destination of the ship and the probable duration of the voyage of the ship.
(2) The proper authority may, and, if the ship’s agreement will terminate at a time when the ship is outside Australia, shall, require the master to pay and deliver to the proper authority any property of the seaman in the possession of the master and, upon the master complying with that request, shall give to the master a receipt for the property.
(3) The receipt shall be produced by the master to a superintendent within 48 hours after his or her arrival at the master’s port of destination in Australia.
(4) Where the ship proceeds at once to a port in Australia, without touching at a port elsewhere, or the proper authority does not require the payment and delivery of the property as aforesaid, the master shall, within 48 hours after his or her arrival at the master’s port of destination in Australia, pay and deliver the property to a superintendent.
(5) In all cases where a seaman dies during the progress of a voyage or engagement, the master shall give to the proper authority to whom payment and delivery is made as aforesaid such account in such form as he or she requires of the property of the deceased.
(6) A deduction claimed by the master in the account shall not be allowed unless verified by an entry in the official log‑book, and also by such other vouchers (if any) as are reasonably required by the proper authority to whom the account is given.
152 Penalty for not accounting for effects
(1) If the master fails to comply with the provisions of this Act with respect to:
(a) taking charge of the property of a deceased seaman, or
(b) making in the official log‑book the proper entries relating thereto, or
(c) procuring the proper attestation of those entries, or
(d) the payment or delivery of the property;
the master is guilty of an offence and shall be accountable for the property to the Authority, and shall pay and deliver it accordingly, and shall, in addition, for each offence be liable on conviction to a penalty not exceeding $1,000.
(1A) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) If any such property is not duly paid, delivered, or accounted for by the master, the owner of the ship shall pay, deliver, and account for it, and the property shall be recoverable from the owner accordingly; and if the owner fails to account for and pay or deliver it he or she is guilty of an offence and shall, in addition to his or her liability therefor, be liable on conviction, to a penalty not exceeding $1,000.
(2A) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) The property may be recovered in the Court and manner in which the wages of seamen may be recovered under this Act.
153 Effects of deceased seaman not left on board
If:
(a) a person dies at a place outside Australia;
(b) at the time of, or within a period of 6 months before, the person’s death, he or she was a seaman belonging to a ship; and
(c) the person left money or effects at the place at which he or she died elsewhere than on board the ship;
a proper authority may take into his or her charge that money and those effects.
154 Recovery of wages of seaman lost with ship
(1) Where a seaman is lost with his or her ship, the Authority may recover the wages due to the seaman from the owner of the ship in the same Court and the same manner as that in which seamen’s wages are recoverable, and shall deal with those wages in the same manner as with the wages of other deceased seamen.
(2) For the purposes of any proceedings in a court in relation to the wages of a seaman, a ship which was expected to arrive at a port at a time 6 months or more before the institution of the proceedings, but did not so arrive and has not been heard of since that time, shall be deemed to have been lost with all hands on board and the court may determine the date on which the ship shall be deemed to have been so lost.
(3) Any official list of the crew, made out in accordance with this Act, or the certificate of a proper authority stating that certain seamen were shipped in the ship from a port outside Australia, shall, in the absence of proof to the contrary, be deemed sufficient evidence that they were on board the ship at the time of its loss.
155 Property of deceased seaman to be delivered to superintendent
Where a seaman belonging to a ship dies, the master of the ship shall:
(a) if the ship is in a port in Australia at the time of death—within 48 hours after the death, pay and deliver to a superintendent any property of the seaman in the possession of the master; and
(b) in any other case—within 48 hours after the arrival of the ship at a port in Australia, pay and deliver to a superintendent any property of the seaman not paid or delivered to a proper authority under subsection 151(2).
Penalty: $1,000.
155A Transmission of money and effects to Authority
A superintendent or other proper authority to whom the property of a deceased seaman is paid or delivered under the preceding provisions of this Division, or a proper authority who, under section 153, takes into his or her charge the property of a deceased seaman, shall transmit that property to the Authority.
156 Right of Authority to dispose of effects of deceased seaman
(1) Where any property of a deceased seaman comes into the hands of the Authority, the Authority, after deducting such sum as it thinks proper for expenses incurred in respect of that seaman or of his or her property, shall, subject to the provisions of this Act, deal with the residue as follows:
(a) If the property exceeds in value $2,000, it shall pay and deliver the residue to the legal personal representative of the deceased;
(b) If the property does not exceed in value $2,000, it may either:
(i) pay or deliver the residue to any claimant who is proved to its satisfaction to to have been the deceased’s spouse or de facto partner immediately before the deceased’s death, to be a child of the deceased, or to be legally entitled to the personalty of the deceased, or to be a person entitled to take out representation, although no such representation has been taken out, and shall be thereby discharged from all further liability in respect of the residue so paid or delivered; or
(ii) require representation to be taken out, and pay and deliver the residue to the legal personal representative of the deceased;
(c) If the deceased was, at the time of his or her death, a subject of a country between which and Australia an international agreement exists relating to the disposal of the property of deceased seamen who are nationals of that country, and if the property does not exceed in value $2,000, the Authority may, in terms of that agreement, pay and deliver the residue to the consul of the country of which the deceased was a subject, and the Authority shall be thereby discharged from all further liability in respect of the residue so paid or delivered.
(2) Every person to whom any such residue is so paid or delivered shall apply it in due course of administration.
Penalty: $1,000.
(3) Moneys to which subsection (1) applies that, in the opinion of the Authority, cannot for the time being be dealt with as that subsection requires, may be invested by the Authority as prescribed.
157 Wills of deceased seamen
(1) Where a deceased seaman has left a will, the Authority may refuse to pay or deliver the residue referred to in section 156:
(a) if the will was made on board ship—to any person claiming under the will, unless the will is in writing, and is signed or acknowledged by the testator in the presence of, and is attested by, the master or first or only mate of the ship; and
(b) if the will was not made on board ship—to any person claiming under the will, and not being a relative of the testator, unless the will is in writing and is signed or acknowledged by the testator in the presence of and is attested by 2 witnesses, one of whom is a proper authority, a justice or a minister of religion.
(2) Where the Authority refuses under this section to pay or deliver the residue to a person claiming under a will, the residue shall be dealt with as if no will had been made.
(3) The reference in paragraph (1)(b) to a relative of the testator includes a reference to the following (without limitation):
(a) a de facto partner of the testator;
(b) someone who is the child of the testator, or of whom the testator is the child, because of the definition of child in section 6;
(c) anyone else who would be a relative of the testator because someone mentioned in paragraph (a) or (b) is taken to be a relative of the testator.
158 Creditors’ claims
(1) A creditor shall not be entitled to claim from the Authority any property of a deceased seaman by virtue of representation obtained as creditor.
(2) A creditor shall not be entitled to obtain payment of his or her debt out of the property, if the debt accrued more than 3 years before the death of the deceased, or if the demand is not made within 2 years after the death.
(3) The demand shall be made by the creditor delivering to the Authority an account in writing, in a form approved by the Authority by instrument in writing, and verified by a statutory declaration.
(4) If, before the demand is made, any claim to the property of the deceased made by any person has been allowed, the Authority shall give notice to the creditor of the allowance of the claim.
(5) If no claim has been allowed, the creditor shall satisfy the Authority as to the justice of his or her account, and the Authority may then pay over to the creditor such sum as it allows, and the Authority shall thereby be discharged from all further liability in respect of the money so paid; but otherwise the demand shall be disallowed.
(6) In any case the Authority may delay the investigation of any demand made by a creditor for the payment of his or her debt for one year from the time of the first delivery of the demand; and if in the course of that time a claim to the property of the deceased is made by any person who was the deceased’s spouse or de facto partner immediately before the deceased’s death, or who is the deceased’s next of kin, or legatee, and allowed by the Authority under this Act, the Authority may pay and deliver it to that person.
(7) Where the property has been paid and delivered by the Authority to any person who was the deceased’s spouse or de facto partner immediately before the deceased’s death, or who is the deceased’s next of kin, or legatee of the deceased or as consul of the country of which the deceased was a subject, whether before or after the demand made by the creditor, the creditor shall have the same rights and remedies against that person as if he or she had received the property as the legal personal representative of the deceased.
(8) In determining for the purposes of subsections (6) and (7) whether a person is next‑of‑kin of another person, the following persons are also to be taken into account:
(a) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this Act;
(b) anyone else who would be a relative of the person because someone mentioned in paragraph (a) is taken into account.
158A Sale of effects etc. by auction
The Authority may, after the expiration of one year from the time when property not consisting of money comes into its hands under this Division and shall, not later than the expiration of 6 years from that time, cause any part of that property that has not been delivered to a person by the Authority under this Division to be sold by auction.
159 Disposal of effects when no claim
Where no claim to the property of a deceased seaman is substantiated within 6 years after the receipt of the property by the Authority, the Authority may in its absolute discretion, if any subsequent claim is made, either allow or refuse the claim, and, subject to the allowance of any such claim, the property or the proceeds thereof shall be paid to the Commonwealth.
160 Giving false evidence in connection with deceased seamen’s property
A person is guilty of an offence if:
(a) the person gives false evidence; and
(b) the person knows that the evidence is false; and
(c) the person does so for the purpose of obtaining, either for himself, herself or for another person, any property of a deceased seaman.
Penalty: 20 penalty units or imprisonment for 12 months, or both.
Division 18—Relief to seamen’s families
161 Relief of families by public institutions
(1) Where, during the absence of any seaman on a voyage, the wife or husband, de facto partner, or any of the children or step‑children, of the seaman becomes chargeable to or obtains relief from any public body or institution for the relief of destitute persons in Australia, that institution shall be entitled to be reimbursed, out of the wages of the seaman earned during the voyage, any sums properly expended during the seaman’s absence in the maintenance of those members of the seaman’s family or any of them, so that the sums do not exceed the following proportions of the seaman’s wages, that is to say:
(a) If only one of those members is chargeable or obtains relief, one‑half of the wages;
(b) If 2 or more of those members are chargeable or obtain relief, two‑thirds of the wages.
(2) If, during the absence of any seaman, any sums have been paid by the owner of his or her ship to or on behalf of any such member as aforesaid, under an allotment note made by the seaman in favour of the member, any claim for reimbursement shall be limited to the excess (if any) of the proportion of the wages hereinbefore mentioned over the sums so paid.
162 Reimbursement of institutions
(1) For the purpose of obtaining reimbursement as aforesaid, the Authority may give to the owner or agent of the ship in which the seaman is serving a notice in writing stating the proportion of the seaman’s wages upon which it is intended to make a claim, and requiring the owner or agent to retain that proportion in his or her hands for a period not exceeding 21 days from the time of the seaman’s return to his or her port of discharge, and also requiring the owner or agent, immediately on the seaman’s return, to give notice in writing thereof to the official.
(2) The owner or agent, after receiving any such notice, shall retain the said proportion of wages, and give notice of the seaman’s return accordingly, and shall likewise give to the seaman notice of the intended claim.
(3) The institution may, upon the seaman’s return, apply to a court of summary jurisdiction for an order for reimbursement; and the Court may make a summary order for the reimbursement to the whole extent claimed, or to such lesser amount as, under the circumstances, it thinks fit; and the owner or agent shall pay to the institution out of the seaman’s wages the amount so ordered to be paid by way of reimbursement, and shall pay the residue of the wages to the seaman.
(4) If no order for reimbursement is obtained within the period mentioned in the notice given to the owner or agent as aforesaid, the proportion of wages to be retained by the owner or agent shall immediately on the expiration of that period, and without deduction, be payable to the seaman.
Division 19—Relief and maintenance of distressed seamen
163 Interpretation
(1) In this Division:
distressed seaman means a person who, being or having been a seaman, is in distress at a place outside Australia by reason of having been discharged or left behind from, or having been shipwrecked in, a ship.
seaman includes master.
(2) A reference in this Division to the relief and maintenance of distressed seamen shall be read as including a reference to:
(a) the conveyance of distressed seamen to their proper return ports;
(b) the conveyance of distressed seamen to port after shipwreck and their maintenance while being so conveyed; and
(c) the burial of distressed seamen who die outside Australia.
163A Regulations may make provision for relief and maintenance of distressed seamen
(1) The regulations may make provision for and in relation to the relief and maintenance of distressed seamen.
(2) Without in any way limiting the generality of subsection (1), the regulations made by virtue of that subsection:
(a) may prescribe the duties and functions of proper authorities in relation to the relief and maintenance of distressed seamen;
(b) may require the owner or master of a ship to provide a distressed seaman with a passage on the ship, and maintenance during the passage, in connexion with the conveyance of the seaman to his or her port;
(c) may prescribe the charges which the owner or master of a ship may make for providing a distressed seaman with a passage on the ship, and maintenance during the passage, in connexion with the conveyance of the seaman to his or her port; and
(d) may provide for the recovery of expenditure incurred by or on behalf of the Commonwealth for or in connexion with the relief and maintenance of a distressed seaman and of wages, if any, due to the seaman and, in particular, may provide that expenditure so incurred, or wages so due, shall be a charge upon the ship to which the distressed seaman belonged.
Division 20—The master
164 All ships may be searched
(1) All ships (whether or not they are ships to which this Part applies) may be searched by any officer of Customs, or by any officer of police authorized in writing by the Authority.
(2) No master of any ship (whether or not it is a ship to which this Part applies) shall:
(a) refuse to permit an officer of Customs or an authorized officer of police to thoroughly search the ship; or
(b) fail to cause the ship to be hove to when called upon or signalled in the prescribed manner so to do, by any such officer, for the purpose of enabling the officer to board the ship; or
(c) engage in conduct that results in the concealment of any person on board the ship.
Penalty: $5,000 or imprisonment for 2 years, or both.
167 Agreement to be produced
(1) The master of a ship that arrives at a port in Australia from a place outside Australia shall, if required by a superintendent, immediately deliver to the superintendent:
(a) the articles of agreement of the ship; and
(b) the official log‑book of the ship.
Penalty: $1,000.
(2) The superintendent shall return the documents to the master within a reasonable time before his or her departure, with a certificate endorsed on the agreement stating the times when the documents were delivered and returned.
(3) If it appears that any breach of this Part has taken place, the superintendent shall make an endorsement to that effect on the agreement.
168 Documents to be handed over to master’s successor
(1) If during the progress of a voyage the master is removed or superseded, or for any other reason quits the ship, the master shall deliver to his or her successor the various documents in his or her custody relating to the navigation of the ship and to the crew thereof.
Penalty: $1,000.
(2) The master’s successor shall, immediately on assuming the command of the ship, enter in the official log‑book a list of the documents so delivered to him or her.
Penalty: $1,000.
(3) For the purposes of this section, the papers containing the information required to be on board a ship under section 192B shall be deemed to be a document relating to the navigation of the ship.
Division 21—The log
171 Official log‑book
(1) The master of a ship shall keep an official log‑book in the prescribed form and shall make, or cause to be made, such entries in that log‑book as are prescribed.
Penalty: 30 penalty units.
(4) An entry required by this Act in an official log‑book shall be:
(a) made as soon as possible after the occurrence to which it relates;
(b) made and dated so as to show the date of the occurrence and of the entry respecting it.
Penalty: 30 penalty units.
(5) No person shall, more than 24 hours after the arrival of a ship at its final port of discharge, make in the official log‑book any entry of any occurrence which happened before its arrival.
Penalty: 5 penalty units.
(6) The regulations may make provision for or in relation to the signing of entries in the official log‑book of a ship.
(7) An entry in the official log‑book of a ship is, in all courts, admissible in evidence.
172 Offences in relation to official log‑book
(1) A person commits an offence if:
(a) the person does an act; and
(b) the act results in:
(i) the destruction or mutilation of an official log‑book or an entry in an official log‑book; or
(ii) an entry in an official log‑book being rendered illegible.
Penalty: $5,000 or imprisonment for 2 years, or both.
(2) A person commits an offence if:
(a) the person makes or signs an entry in an official log‑book, knowing that the entry is false or fraudulent; or
(b) omits to make an entry in an official log‑book, knowing that the omission will result in the log‑book being false or fraudulent.
Penalty: $5,000 or imprisonment for 2 years, or both.
172A Report of matters recorded in official log‑book
(1) The master of a ship who is required by section 171 to keep an official log‑book must, as soon as practicable after making an entry in relation to an occurrence under the code of conduct referred to in subsection 46(4A), report the recording of that occurrence to the Authority in accordance with regulations made under subsection (2).
(2) The regulations may provide for the manner and time of reporting the making of an entry in the official log‑book in relation to an occurrence referred to in subsection (1).
Penalty: 10 penalty units.
173 Delivery of official log‑book
(1) The master of a ship who is required by section 171 to keep an official log‑book shall, on the termination of the articles of agreement of the ship, deliver the official log‑book to a proper authority.
Penalty: $1,000.
(2) A proper authority, not being a superintendent, to whom an official log‑book is delivered in pursuance of subsection (1) shall deal with that log‑book in accordance with the directions, if any, of the Authority.
174 Transmission of log‑book to superintendent
(1) Where for any reason the official log‑book ceases to be required in respect of a ship, the master or owner of the ship shall, if the ship is then in Australia within one month, and if it is elsewhere within 6 months, after the cessation transmit to a superintendent the official log‑book made up to the time of the cessation.
(2) If a ship is lost or abandoned, the master or owner thereof shall, if practicable, and as soon as possible, transmit to a superintendent the official log‑book (if any) duly made out to the time of the loss or abandonment.
Penalty (on master or owner): $1,000.
Part III—Foreign seamen
177 Definition of seaman
In this Part:
seaman means a seaman belonging to a ship to which Part II does not apply.
178 Apprehension of seaman
If any seaman is absent from duty without leave whilst his or her ship is within Australia, any justice upon complaint on oath may issue a warrant for the apprehension of the seaman, and thereupon may, at the request of the consul of the country to which the ship belongs, and on proof of the absence without leave, order the seaman to be conveyed on board the ship, or delivered to the master or mate of the ship, or to the owner of the ship or his or her agent, to be so conveyed:
Provided that, in the case of a seaman who is an Australian citizen, no such order shall be made without his or her consent.
180 Return to ship
(1) The Authority may order to be put forcibly or otherwise on board his or her ship at any time:
(a) any seaman sentenced under this Part, or
(b) within 24 hours before the sailing of his or her ship, any seaman imprisoned on summary conviction for any offence (other than an offence under this Part) whose ship is about to leave Australia before the expiration of his or her sentence;
and the master of the ship shall keep the seaman on board in custody until after the ship has left its final port of clearance in Australia:
Provided that, in the case of a seaman who is an Australian citizen, no such order shall be made without his or her consent.
(2) Such order shall be a sufficient warrant to the gaoler of any prison to deliver the seaman into custody for the purpose aforesaid.
183 Proceedings at instance of consul only
No warrant shall be issued and no offence shall be punished under this Part unless either:
(a) the action is taken at the instance of the consul of the country to which the ship belongs; or
(b) the Authority has notified in the Gazette that the government of that country has, in regard to seamen belonging to ships of that country, requested that this Part may be enforced.
184 Proof of agreement
(1) In any prosecution under this Part it shall not be necessary, for the purpose of proving the articles of agreement by which any seaman has engaged to serve on board any ship, to call any subscribing or attesting witness thereto.
(2) A copy of any articles of agreement, certified to be true by the consul of the country to which the ship belongs, shall be admissible in evidence in proof of the existence and contents thereof.
185 Expenses to be paid by consul
All expenses incidental to the apprehension, imprisonment, and removal of any seaman, pursuant to this Part, shall be paid by the consul at whose instance the proceedings were instituted.
186 Expenses of returning foreign seamen left behind
Where:
(a) a seaman is left behind at a port in Australia from a ship to which Part II does not apply without the consent of a consul in Australia of the country to which the ship belongs; and
(b) the Commonwealth incurs expense in sending the seaman to a place outside Australia;
the Commonwealth may recover the amount of those expenses from the owner, agent or master of the ship in any court of competent jurisdiction as a debt due and payable by the owner, agent or master, as the case may be, to the Commonwealth.
Part IIIA—Pilotage
Division 1—General provisions applicable to pilotage
186A Application of Part
(1) This Part applies only to pilots and pilotage in relation to ships:
(a) that are in, or in transit to or from, any waters of the Australian coastal sea that are specified in the regulations; or
(b) that are in any waters of Australia’s exclusive economic zone that are specified in the regulations.
(3) This Part applies to all ships, including ships to which Part II does not apply.
(4) Section 2 does not have effect in relation to a provision of this Part.
(5) This Part is not intended to affect the operation of any law of a State or Territory governing pilots or pilotage in relation to a port in the State or Territory.
186B Definitions
In this Part:
certificate includes a licence issued to a pilot under regulations made under section 186C.
licensed pilot means a person who is licensed as a pilot under this Act.
pilotage provider means a person who assigns or allocates a pilot to the transit of a ship through particular waters, irrespective of the legal relationship, contractual or otherwise, between that person and the pilot.
186C Qualifications of pilots etc.
(1) For the purposes of this Part, the regulations may make provisions in relation to:
(a) standards of competence to be attained; and
(b) other conditions to be satisfied by a person in order to be licensed as a pilot under this Act; and
(c) licensing of pilots.
(2) Without limiting subsection (1), the conditions may include conditions as to age, character, health, nationality, citizenship or residence.
(3) Without limiting subsection (1), regulations made for the purposes of that subsection may make provision in relation to any of the following:
(a) the manner in which the attainment of a standard or the satisfaction of a condition is to be evidenced, including the obtaining of certificates and other documents to be held by pilots as evidence that they are licensed as pilots under this Act;
(b) the issue, recall, surrender, replacement, form and recording of such certificates and other documents;
(c) the duration, variation, renewal, suspension and cancellation of such certificates and other documents;
(d) the instruction, training and examination of pilots, including the gaining of sea service and other experience, the conduct of examinations, the conditions for admission to examinations and the appointment and remuneration of examiners;
(e) the recognition, for the purposes of this Act, in whole or in part and whether conditionally or unconditionally, of certificates and other documents granted or issued to or in respect of pilots under this Act as in force before this section’s commencement, or under the laws of a State or Territory;
(f) the reconsideration of decisions made under regulations made for the purposes of subsection (1);
(g) the exemption of persons, in whole or in part and whether conditionally or unconditionally, from any requirement under regulations made for the purposes of subsection (1).
(4) In subsection (3), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
186D Regulations may make other provisions relating to pilotage etc.
For the purposes of this Part, the regulations may also make provisions in relation to:
(aa) the operations of a pilotage provider, including, but without limiting the foregoing:
(i) the duties of a pilotage provider and the manner of discharging those duties; and
(ii) the professional relationship between a pilotage provider and a licensed pilot; and
(iii) the making by the Authority of safety management codes for pilotage providers; and
(iv) the observation of such codes by a pilotage provider and by a licensed pilot under the control of a pilotage provider; and
(v) matters relating to pilotage safety management systems including the content and implementation of such systems; and
(vi) the keeping of records by a pilotage provider; and
(vii) training of pilots, and monitoring of their performance, by a pilotage provider; and
(viii) the professional liability of a pilotage provider and the limitation of that liability; and
(a) the duties of a licensed pilot and the manner in which a licensed pilot is to discharge his or her duties; and
(b) the professional relationship between a licensed pilot and the master or other officers of a ship, including provisions in relation to the professional liability of a licensed pilot and limitation of that liability; and
(c) the keeping and maintaining by a licensed pilot of records relating to pilotage carried out by the pilot.
186E Unqualified person performing duties of licensed pilot
(1) A person commits an offence if:
(a) the person makes a representation that the person is a licensed pilot; and
(b) the person is not a licensed pilot.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person performs duties; and
(b) the duties are those of a licensed pilot under the regulations; and
(c) the person is not a licensed pilot.
Penalty: 50 penalty units.
(3) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4) Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
(5) A person commits an offence if:
(a) the person takes a person into employment to perform duties; and
(b) the duties are those of a licensed pilot under the regulations; and
(c) the person is not a licensed pilot.
Penalty: 50 penalty units.
(6) Strict liability applies to paragraph (5)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
186F Abuse of alcohol and other drugs
(1) If a licensed pilot is, while on board a ship, under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person’s capacity to carry out the person’s duties as pilot is impaired, the person is guilty of an offence.
Penalty: Imprisonment for 12 months.
(2) If:
(a) a licensed pilot is, while on board a ship, under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person’s capacity to carry out the person’s duties as pilot is impaired; and
(b) the impairment causes or contributes to:
(i) the loss or destruction of, or damage to, the ship, its cargo or equipment; or
(ii) the loss or destruction of, or damage to, another ship, its cargo or equipment; or
(iii) death or injury to another person;
the person is guilty of an offence.
Penalty: Imprisonment for 2 years.
Division 2—Compulsory pilotage
186G Definitions
(1) In this Division:
length overall, in relation to a ship, has the meaning given by subsection (2) or (3).
navigates without a licensed pilot has the meaning given by subsections (4) and (5).
regulated ship means any kind of ship:
(a) that is 70 metres or longer in length overall; or
(b) that is a loaded:
(i) oil tanker; or
(ii) chemical carrier; or
(iii) liquefied gas carrier.
(2) Subject to subsection (3), the length overall of a ship is 110% of the length as shown on the ship’s load‑line certification.
(3) If the length overall of a ship cannot be worked out under subsection (2), the length is taken to be the distance between:
(a) a vertical line passing through a point that is the foremost part of the stem; and
(b) a vertical line passing through a point that is the aftermost part of the stern.
(4) Subject to subsection (5), a ship navigates without a licensed pilot if the ship does not have a licensed pilot on board to assist the master in navigating it.
(5) If:
(a) apart from this subsection, a ship navigates without a licensed pilot; and
(b) the ship is being towed by another vessel that is navigating with a licensed pilot;
the ship under tow is to be treated as if it were navigating with a licensed pilot.
186H Regulations may provide for compulsory pilotage in certain circumstances
(1) For the purposes of this Division, the regulations may make provision in relation to compulsory pilotage including provision specifying the waters that are compulsory pilotage areas for the purposes of this Division.
(2) The waters that may be specified for the purposes of subsection (1) must be waters included within the waters referred to in subsection 186A(1).
(3) This Division operates in addition to, and not in derogation from, any requirement for compulsory pilotage under the Great Barrier Reef Marine Park Act 1975 within the compulsory pilotage area under that Act.
(4) A person is not liable to be prosecuted under this Act and the Great Barrier Reef Marine Park Act 1975 in respect of the same act or omission.
186I Offence to navigate without a licensed pilot
(1) If:
(a) a ship is a regulated ship; and
(b) the ship navigates in a compulsory pilotage area; and
(c) the ship navigates in that area without a licensed pilot;
the master and the owner of the ship each commit an offence.
Penalty: 500 penalty units.
Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine up to 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.
(2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) In any proceedings for an offence against subsection (1), it is a defence if the defendant proves:
(a) that the ship was exempted under section 186K from the requirement to navigate with a licensed pilot in the area; and
(b) that the navigation complied with the terms of the exemption.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.
186J Licensed pilots to issue certificates
(1) If a licensed pilot has provided pilotage services for a regulated ship in a compulsory pilotage area, the licensed pilot must give the master of the ship a certificate in a form approved by the Authority.
(2) The licensed pilot must provide the certificate to the master before disembarking from the ship after the navigation in the area.
(3) The certificate must:
(a) identify the ship; and
(b) identify the area; and
(c) state that the licensed pilot has provided pilotage services for the ship in the area; and
(d) provide any other information specified by the Authority in the approval of the form of the certificate.
186K Exemption from requirement to navigate with a licensed pilot
(1) The master or owner of a regulated ship may apply to the Authority for an exemption from the requirement to navigate with a licensed pilot in a compulsory pilotage area.
(2) The application must:
(a) be in writing; and
(b) contain the prescribed information; and
(c) be made in a form approved by the Authority.
(3) The Authority must, after consideration of the application:
(a) by instrument in writing, grant or refuse to grant the exemption applied for; and
(b) give the applicant a copy of the instrument, and, in the case of a refusal, a statement of the reasons for that refusal.
(4) A refusal to grant the exemption applied for may be a refusal to grant the exemption at all or a refusal to grant the exemption as to a part of the ship’s proposed navigation in the compulsory pilotage area.
(5) If the Authority grants an exemption, whether it is the exemption applied for or a lesser exemption, the exemption may be expressed to be subject to such conditions as are specified by the Authority in the instrument granting the exemption.
(6) If:
(a) a regulated ship is navigating in a compulsory pilotage area; and
(b) the Authority has granted an exemption in respect of the proposed navigation by the ship in that area; and
(c) that exemption is subject to conditions; and
(d) the ship, in navigating in that area, fails to comply with those conditions;
the master and the owner of the ship each commit an offence punishable on conviction by a fine not exceeding 500 penalty units.
(7) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(8) An instrument under this section granting or refusing an exemption is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
186L Defence in proceedings for offences
(1) In any proceedings for an offence against subsection 186I(1) or 186K(6), it is a defence if the master or owner (as the case may be) proves that the regulated ship navigated in a compulsory pilotage area because of stress of weather, saving life at sea or other unavoidable cause.
(2) In any proceedings against the owner of a ship for an offence against subsection 186I(1) or 186K(6), it is a defence if the owner proves that the owner took all reasonable precautions and exercised due diligence to ensure that the ship would not navigate in a compulsory pilotage area in contravention of that subsection.
Note: The defendant bears a legal burden in relation to the matter in subsection (1) or (2). See section 13.4 of the Criminal Code.
Part IV—Ships and shipping
Division 1—General
187 Application of Part
(1) This Part shall, except where otherwise expressed, apply to all ships, including ships to which Part II does not apply.
(2) Section 2 does not have effect in relation to a provision of this Part that gives effect to a provision of Chapter V of the Regulations contained in the Annex to the Safety Convention (other than Regulation 7 or 14 of that Chapter of those Regulations).
(3) Provisions of this Act giving effect to the Safety Convention do not apply in relation to a ship referred to in paragraph 2(1)(a), (b), (c) or (d) to the extent that a law of a State or of the Northern Territory makes provision giving effect to the Safety Convention in relation to that ship.
187AA Issue of certificates in respect of ships to which this Act does not apply
(1) In this section, prescribed certificate means:
(a) a certificate referred to in section 194, 206D, 206E, 206F, 206G, 206H, 206J, 206K, 222, 223 or 405F; or
(b) a certificate prescribed for the purposes of this section.
(2) The owner of a ship referred to in paragraph 2(1)(a), (b), (c) or (d) may apply, in the prescribed form or in a form approved by the Authority by instrument in writing, to the Authority for the issue of a prescribed certificate in respect of the ship.
(3) Where an application is made under subsection (2) for the issue of a prescribed certificate in respect of a ship, section 2 does not have effect to the extent necessary to enable the application to be dealt with in accordance with this Act and to enable the prescribed certificate to be issued in respect of the ship.
(4) Where a prescribed certificate is issued in respect of a ship by virtue of this section, section 2 does not have effect to the extent necessary to enable the provisions of this Act relating to such a prescribed certificate to apply in relation to the certificate so issued.
187A Interpretation
(1) In this Part, unless the contrary intention appears:
cargo ship means a ship other than a passenger ship.
cargo ship safety certificate means a certificate issued under section 206GA.
cargo ship safety construction certificate means a certificate issued under section 206E.
cargo ship safety equipment certificate means a certificate issued under section 206F.
cargo ship safety radio certificate means a cargo ship safety radio certificate issued under section 206G.
cargo steamship means a steamship other than a passenger steamship.
certificate of equipment means:
(a) a certificate of equipment issued under subsection 194(4) or (5A); or
(b) a certificate, or a certificate in a class of certificates, recognised in a determination made under subsection 194(6) as equivalent to a certificate of equipment, or a class of certificates of equipment, issued under subsection 194(4).
certificate of survey means:
(a) a certificate of survey issued under subsection 194(4) or (5A); or
(b) a certificate, or a certificate in a class of certificates, recognised in a determination made under subsection 194(6) as equivalent to a certificate of survey, or a class of certificates of survey, issued under subsection 194(4).
classification certificate means a classification certificate issued by a survey authority and of a standard approved by the Authority under section 187BA.
country to which the Safety Convention applies means a country specified in a notice under section 187B.
declaration of survey means a declaration made under this Act by a surveyor with respect to the survey of a ship.
exemption certificate means a certificate issued under subsection 206H(1).
International Code of Signals means the Code of that name that is issued by the International Maritime Organization, as amended from time to time.
international voyage means:
(a) for the purposes of Division 5, a voyage:
(i) from a port in Australia to a port outside Australia;
(ii) to a port in Australia from a port outside Australia;
(iii) from a port in a country that is a Load Line Convention country for the purposes of that Division to a port outside that country; or
(iv) to a port in a country that is a Load Line Convention country for the purposes of that Division from a port outside that country; and
(b) for the purposes of the provisions of this Part other than Division 5, a voyage:
(i) from a port in Australia to a port outside Australia;
(ii) to a port in Australia from a port outside Australia;
(iii) from a port in a country to which the Safety Convention applies to a port outside that country; or
(iv) to a port in a country to which the Safety Convention applies from a port outside that country;
other than a voyage in the course of which the ship concerned:
(v) is not at any time more than 600 nautical miles from the nearest point on the coast of Australia; and
(vi) does not call at a port in a country other than Australia.
nuclear cargo ship safety certificate means a certificate issued under section 206K.
nuclear passenger ship safety certificate means a certificate issued under section 206J.
passenger certificate means a passenger certificate issued under subsection 194(4) or (5A).
passenger ship means a ship carrying more than 12 passengers.
passenger ship safety certificate means a certificate issued under subsection 206D(1) or (3).
passenger ship short voyage safety certificate means a certificate issued under subsection 206D(2) or (4).
passenger steamship means a steamship carrying more than 12 passengers.
radio installation means a radiotelegraphy or radiotelephony installation, but does not include a radio navigational aid.
Safety Convention certificate means a certificate issued in respect of a steamship, not being a ship registered in Australia, by or with the authority of the government of a country to which the Safety Convention applies in accordance with the Safety Convention or a law of that country that gives effect to the Safety Convention.
Safety Convention ship means a ship that is of a kind to which the Safety Convention applies and is entitled to fly the flag of a country to which the Safety Convention applies.
short international voyage means an international voyage:
(a) in the course of which a ship is not any time more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety; and
(b) which does not exceed 600 nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination.
subdivision load line means a load line indicating the depth to which a passenger steamship may be loaded having regard to the extent to which it is subdivided and to the space for the time being allotted to passengers.
the Container Convention means the International Convention for Safe Containers as corrected by the Procès‑Verbal of Rectification dated 25 June 1976 (a copy of the English text of the articles of which, and of the annexes to which, as so corrected, is set forth in Schedule 5), as affected by:
(a) any amendment of the Convention, other than an amendment not accepted by Australia, made under Article IX of the Convention; and
(b) the amendments to Annex 1 dated 2 April 1981 (a copy of the English text of which is set forth in Schedule 5A) and any other amendment of the annexes to the Convention, other than an amendment objected to by Australia, made under Article X of the Convention.
the Load Line Convention means the International Convention on Load Lines, 1966, as corrected by the Procès‑Verbal of Rectification dated 30 January 1969 and the Procès‑Verbal of Rectification dated 5 May 1969 (a copy of the English text of the articles of which, and of the annexes to which, as so corrected, other than the chart attached to Annex II, is set forth in Schedule 4):
(a) as affected, after the date on which the Protocol of 1988 relating to the Load Line Convention enters into force for Australia, by that Protocol; and
(b) as also affected by any amendment, other than an amendment not accepted by Australia, made under section 29 of the Convention.
the Prevention of Collisions Convention means the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (a copy of the English text of the articles of which is set forth in Schedule 3), together with the International Regulations for Preventing Collisions at Sea, 1972, constituted by the rules and other annexes attached to that Convention, as corrected by the Procès‑Verbal of Rectification dated 1 December 1973 (a copy of the English text of which rules and other annexes, as so corrected, is also set forth in Schedule 3), as affected by any amendment, other than an amendment objected to by Australia, made under Article VI of that Convention.
the Prevention of Pollution from Ships Convention has the same meaning as the Convention has in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
the Safety Convention means the International Convention for the Safety of Life at Sea, 1974 (a copy of the English text of the articles of which, and of the annex and appendix to which, is set forth in Schedule 1):
(a) as affected, after the respective dates on which:
(i) the Protocol of 1978 relating to the Safety Convention; and
(ii) the Protocol of 1988 relating to the Safety Convention;
enter into force for Australia—by each of those Protocols; and
(b) as also affected by any amendment, other than an amendment objected to by Australia, made under Article VIII of that Convention.
valid Safety Convention certificate means a Safety Convention certificate which complies with such requirements as are prescribed.
(2) For the purposes of determining for the purposes of this Part whether a voyage is an international voyage, account shall not be taken of a deviation by a ship from an intended voyage if the deviation is due only to stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.
(3) For the purposes of determining for the purposes of Division 5 whether a voyage is an international voyage, a territory for which the United Nations are the administering authority, or for the international relations of which Australia or any other country is responsible, shall be deemed to be a separate country.
(4) Where an international voyage:
(a) is such that, in the course of the voyage, a ship is not at any time more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety; and
(b) exceeds 600 nautical miles, but does not exceed 1,200 nautical miles, in length between the last port of call in the country in which the voyage begins and the final port of destination;
the Authority may, by instrument in writing, direct that, subject to such conditions as are specified in the direction, the voyage shall, for the purposes of this Act, be treated as if it were a short international voyage in relation to any ship:
(c) that is, or is included in a class of ships that is, specified in the direction; and
(d) in respect of which a passenger ship short voyage safety certificate is in force.
(5) For the purposes of this Part, an unregistered ship entitled to fly the flag of a country shall be deemed to be registered in that country.
187B Declaration of countries to which the Safety Convention applies
The Authority may, by notice published in the Gazette, declare that, for the purposes of this Part, a country, other than Australia, specified in the notice is a country to which the Safety Convention applies.
187BA Approval of classification certificates
The Authority may, for the purposes of this Part, approve, in writing, a standard of classification certificate issued by a survey authority.
187C When ships deemed to be overloaded
(1) Where a ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the load line marked on either side of the ship that is the appropriate load line at that time would be submerged, the ship shall, for the purposes of this Part, be deemed to be overloaded, and, subject to subsection (4), to be overloaded to the extent to which that load line would be so submerged.
(2) Where:
(a) a ship is at any time engaged on, or is about to engage on, a voyage during which, in the ordinary course, a load line marked on either side of the ship (not being a load line that is the appropriate load line at that time) would, at some later time during the voyage, become the appropriate load line; and
(b) the ship is so loaded at that first‑mentioned time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025 and there were unloaded from the ship the fuel and other material that would, in the ordinary course, be consumed or discharged before that later time, that load line would be submerged;
the ship shall, for the purposes of this Part, be deemed to be overloaded and, subject to subsection (4), to be overloaded to the extent to which that load line would be so submerged.
(3) Where a passenger ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the subdivision load line marked on either side of the ship that is the appropriate subdivision load line at that time would be submerged, the ship shall, for the purposes of this Part, be deemed to be overloaded, and subject to subsection (4), to be overloaded to the extent to which that subdivision load line would be so submerged.
(4) Where:
(a) in any proceedings under this Act, it is proved that a ship is, by force of more than one subsection of this section, deemed to be overloaded; and
(b) the extent to which, under those subsections, the ship is deemed to be overloaded is not the same in each case;
the ship shall, for the purposes of this Part, be deemed to be overloaded to the greatest extent to which it is deemed to be overloaded under those subsections.
(5) For the purposes of this section, the load line or subdivision load line marked on a ship that is the appropriate load line or subdivision load line at any time shall be determined in accordance with the regulations and orders.
187D Certificate by Minister as to amendments of the Load Line Convention
The Minister may, by writing under his or her hand, certify that the amendments, other than amendments not accepted by Australia, by which the Load Line Convention was affected as at such date as is specified in the certificate are set out in, or annexed to, the certificate, and such a certificate is, for all purposes, prima facie evidence of the matters so certified.
187E Certificate by Minister as to amendments of the Safety Convention etc.
The Minister may, by writing under his or her hand, certify that the amendments, other than amendments objected to by Australia, by which the Safety Convention was affected as at such date as is specified in the certificate are set out in, or annexed to, the certificate, and such a certificate is, for all purposes, prima facie evidence of the matters so certified.
188 Exemptions
(1) Where a ship (other than a nuclear ship) that is not ordinarily engaged on international voyages undertakes, in exceptional circumstances, a single international voyage, the Authority may, if it is satisfied that the ship complies with safety requirements that, in its opinion, are adequate for the voyage, exempt the ship or any person, in respect of that voyage, from compliance with any provision of this Act or the regulations or orders that gives effect to the Safety Convention.
(2) The Authority may, in relation to a Safety Convention ship that is registered in Australia, exercise the right conferred on the Government of the Commonwealth by paragraph (b) of Regulation 4 of Chapter I contained in the Annex to the Safety Convention to exempt the ship from a provision of Chapter II‑1, II‑2, III or IV of the Regulations contained in that Annex, and a ship so exempted, and the master and owner of the ship, are exempt from compliance with any provision of this Act that gives effect to that provision.
(3) An exemption under subsection (2) is subject to such safety requirements (if any) as are specified in the exemption.
(4) If a safety requirement that is applicable to a ship by virtue of an exemption under subsection (3) is contravened, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.
(5) An offence under subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
189 All ships liable to survey and inspection
All ships shall be liable to inspection and survey.
190 Appointment of surveyors
The Authority may appoint a person who is skilled with regard to:
(a) wooden hulls and equipment, other than radio equipment;
(b) metal hulls and equipment, other than radio equipment;
(c) engines, boilers and machinery;
(d) radio installations; or
(e) radio navigational aids;
to be a surveyor.
190AA Powers of inspection of surveyors
(1) A surveyor may at any reasonable time go on board a ship and inspect the ship and any part of the ship, including the hull, boilers, machinery and equipment of the ship, and may require the certificates of the master or of any officer of the ship, or any certificate or other document relating to the ship, to be produced to him or her.
(2) Without limiting the generality of subsection (1), the powers of a surveyor under that subsection extend, subject to section 227E, to the inspection of a ship for the purpose of ascertaining whether the ship complies with such of the provisions of this Act and the regulations and orders relating to load lines as apply to the ship and whether the ship is overloaded, and to requiring the production to him or her of any certificate relating to load lines issued in respect of the ship.
(2A) A person who fails to comply with any requirement made by a surveyor under subsection (1) or (2) commits an offence punishable on conviction by a fine not exceeding 60 penalty units.
(2B) An offence against subsection (2A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) Where the Authority receives the report of a surveyor who has carried out, or proposes to carry out, an inspection of a ship under this section, it may, if it considers it necessary so to do, require the ship to be taken into dock or otherwise dealt with so that a surveyor can inspect the hull, boilers, machinery or equipment of the ship.
(4) If:
(a) the Authority requires a ship to be taken into dock or otherwise dealt with under subsection (3); and
(b) the person to whom the requirement was given does not comply with that requirement;
the person commits an offence punishable on conviction by imprisonment for a period not exceeding 2 years.
(5) Subsection (2A) or (4) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
190AB Publication of information about ships
(1) The Authority may publish, in the manner prescribed, such information derived about a ship:
(a) during an inspection or survey of that ship under section 190AA; or
(b) during an inspection or survey of that ship conducted otherwise than under this Act; or
(c) otherwise than by an inspection or survey;
as is prescribed.
(2) The regulations may make provision for:
(a) the manner in which information derived:
(i) during an inspection or survey; or
(ii) otherwise than by inspection or survey;
will be published; and
(b) the nature of the information that will be published; and
(c) the time at which the publication of information will occur.
190A Alterations etc. of ships and cancellation of certificates
(1) If:
(a) a certificate has been issued under Division 2 or Division 2B in respect of a ship; and
(b) the ship’s hull, equipment or machinery, or part of the ship’s hull, equipment or machinery:
(i) is altered, replaced or damaged so that the ship’s seaworthiness or efficiency is affected; or
(ii) becomes inefficient for some other reason;
written notice of the alteration, replacement, damage or inefficiency must forthwith be given to the person prescribed in the form prescribed.
(1A) If:
(a) a notice is required to be given under subsection (1); and
(b) such notice is not given;
the master and the owner of the ship are each guilty of an offence in respect of each day during which the notice is not given (including the day on which the person is convicted under this subsection or any subsequent day).
Penalty: $1,000.
(1B) An offence under subsection (1A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Where the Authority has reason to believe that:
(a) the report of a surveyor in respect of a ship was fraudulently or erroneously made or obtained;
(b) a certificate has been issued under Division 2 or Division 2B in respect of a ship upon false or erroneous information;
(c) since the last declaration of survey was made in respect of a ship, the hull, equipment or machinery, or a part of the hull, equipment or machinery, of the ship has been altered, replaced or damaged in a manner which affects the ship’s efficiency or seaworthiness or has become otherwise inefficient; or
(d) the owner of a ship has failed to comply with section 193 in respect of the ship;
it may cancel any certificate issued in respect of the ship under Division 2 or Division 2B or detain the ship until it is satisfied that the ship can proceed to sea without danger to its crew or passengers.
(3) Where the Authority cancels a certificate issued in respect of a ship under Division 2 or Division 2B, the certificate is of no force or effect after the Authority has given notice in writing of the cancellation to the owner, agent or master of the ship.
(4) Where a certificate issued in respect of a ship under Division 2 or Division 2B has expired or been cancelled, the Authority may require the owner or master of the ship to deliver up the certificate to the Authority or to such other person as the Authority directs, and the Authority may detain the ship until the requirement is complied with.
190B Regulations relating to construction, surveys etc.
(1) The regulations may:
(a) specify requirements with which the construction, hull, equipment and machinery of ships shall comply; and
(b) make provision for or in relation to the survey and inspection of ships.
(2) Without limiting the generality of subsection (1), the regulations that may be made by virtue of that subsection include regulations for or in relation to:
(a) the assigning of subdivision load lines to, and the marking of subdivision load lines on, ships;
(b) the furnishing of reports and declarations of survey, and the issuing of certificates, under this Part; and
(c) the exempting of ships, other than nuclear ships, from any requirement of this Act that relates to the construction, hull, equipment or machinery of ships.
191 Regulations to give effect to Safety Convention
(1) The regulations may make provision for or in relation to giving effect to the Safety Convention.
(2) Where a provision of the convention applies only in relation to a particular class of ships or in relation to ships engaged on a particular class of voyages, any regulation that gives effect to that provision may be applied to ships of any other class or to ships engaged in any other class of voyages.
(3) Section 2 does not have effect in relation to a regulation, or an order made in pursuance of the regulations, that gives effect to a provision of Chapter V of the Regulations contained in the Annex to the Convention (other than Regulation 7 or 14 of that Chapter of those Regulations).
am. No. 98, 1979 rs. No. 98, 1979 am. No. 87, 1980 rep. No. 151, 1989 S. 333................................ rs. No. 36, 1958 am. No. 98, 1979 rs. No. 98, 1979 rep. No. 151, 1989 S. 334................................ rs. No. 36, 1958; No. 98, 1979; No. 87, 1980 rep. No. 151, 1989 S. 335................................ am. No. 1, 1921 rs. No. 36, 1958 am. No. 96, 1961; No. 28, 1972; No. 98, 1979 rs. No. 98, 1979 rep. No. 151, 1989 S. 336................................ rs. No. 36, 1958; No. 98, 1979 am. No. 80, 1982 rep. No. 151, 1989 S. 337................................ rep. No. 36, 1958 ad. No. 98, 1979 rep. No. 151, 1989 Division 2 S. 338................................ rep. No. 36, 1958 ad. No. 98, 1979 am. No. 10, 1981; No. 95, 1995 Ss. 339–341...................... am. No. 1, 1921 rep. No. 36, 1958 Ss. 342–348...................... rep. No. 36, 1958 S. 349................................ am. No. 1, 1921 rep. No. 36, 1958 S. 350................................ rep. No. 36, 1958 S. 351................................ am. No. 49, 1934 rep. No. 36, 1958 Ss. 352–354...................... am. No. 1, 1921 rep. No. 36, 1958 S. 355................................ rep. No. 36, 1958 Part IX ............................... rep. No. 23, 1990 S. 355A.............................. ad. No. 96, 1961 am. No. 98, 1979 rep. No. 98, 1979 S. 356................................ am. No. 36, 1958; No. 6, 1989 rep. No. 23, 1990 S. 357................................ am. No. 36, 1958 rep. No. 23, 1990 S. 358................................ rs. No. 87, 1980 am. No. 61, 1981 rep. No. 23, 1990 S. 359................................ am. No. 98, 1979 rep. No. 23, 1990 S. 360................................ am. No. 1, 1943; No. 36, 1958; No. 98, 1979; No. 10, 1981 rep. No. 23, 1990 S. 361................................ am. No. 36, 1958; No. 98, 1979 rep. No. 98, 1979 S. 362................................ am. No. 36, 1958; No. 96, 1961 rs. No. 98, 1979 rep. No. 23, 1990 S. 363................................ am. No. 98, 1979 rep. No. 23, 1990 S. 364................................ am. No. 1, 1921; No. 1, 1943; No. 36, 1958; No. 98, 1979; No. 87, 1980; No. 10, 1981 rep. No. 23, 1990 S. 365................................ am. No. 1, 1921 rep. No. 23, 1990 S. 366................................ am. No. 1, 1943; No. 36, 1958; No. 98, 1979 rep. No. 23, 1990 S. 367................................ rep. No. 23, 1990 S. 368................................ rep. No. 1, 1921 S. 369................................ rep. No. 23, 1990 S. 370................................ rs. No. 36, 1958 am. No. 96, 1961; No. 98, 1979 rep. No. 23, 1990 S. 370A.............................. ad. No. 36, 1958 am. No. 1, 1965; No. 87, 1980 rep. No. 23, 1990 S. 370B.............................. ad. No. 36, 1958 am. No. 93, 1966; No. 98, 1979; No. 10, 1981 rep. No. 23, 1990 S. 371................................ am. No. 1, 1921 rep. No. 23, 1990 S. 372................................ rs. No. 1, 1943 am. No. 36, 1958 rep. No. 98, 1979 S. 373................................ rs. No. 1, 1943 rep. No. 98, 1979 S. 374................................ am. No. 1, 1943; No. 36, 1958; No. 93, 1966; No. 98, 1979 rep. No. 98, 1979 S. 375................................ rs. No. 36, 1958 am. No. 93, 1966; No. 98, 1979 rep. No. 98, 1979 S. 375A.............................. ad. No. 1, 1943 rep. No. 98, 1979 S. 375B.............................. ad. No. 1, 1943 rs. No. 36, 1958; No. 96, 1961 am. No. 157, 1976; No. 98, 1979 rep. No. 98, 1979 S. 376................................ rep. No. 36, 1958 S. 377................................ am. No. 1, 1921; No. 132, 1986 rep. No. 6, 1989 S. 377A.............................. ad. No. 1, 1943 am. No. 96, 1961; No. 93, 1966; No. 98, 1979; No. 87, 1980; No. 10, 1981 rep. No. 23, 1990 Part IXA Part IXA ............................ ad. No. 6, 1989 Ss. 377B, 377C................. ad. No. 6, 1989 S. 377CA........................... ad. No. 24, 2006 Ss. 377D–377G................. ad. No. 6, 1989 Heading to s. 377H.......... am. No. 24, 2007 S. 377H.............................. ad. No. 6, 1989 am. No. 24, 2007 S. 377J.............................. ad. No. 6, 1989 S. 377JA............................ ad. No. 24, 2006 S. 377K.............................. ad. No. 6, 1989 S. 377L.............................. ad. No. 6, 1989 am. No. 64, 1994 (as am. by No. 43, 1996) S. 377M............................. ad. No. 6, 1989 Part X Division 1 Heading to Div. 1 of Part X............................. ad. No. 36, 1958 Subhead. before s. 378.... rep. No. 36, 1958 S. 380................................ am. No. 87, 1980 Ss. 381, 382...................... am. No. 36, 1958 rep. No. 98, 1979 S. 383................................ am. No. 1, 1921; No. 36, 1958; No. 60, 1967; No. 98, 1979; No. 87, 1980; No. 10, 1981 rep. No. 34, 1988 S. 384................................ am. No. 98, 1979 Division 2 Heading to Div. 2 of Part X............................. ad. No. 36, 1958 S. 385................................ am. No. 87, 1980 rep. No. 34, 1988 ad. No. 95, 1995 am. No. 24, 2006 Subhead. before s. 386.... rep. No. 36, 1958 S. 386................................ am. No. 93, 1966; No. 98, 1979; No. 10, 1981; No. 95, 1995; No. 137, 2000 Heading to s. 386A.......... rs. No. 95, 1995 S. 386A.............................. ad. No. 11, 1991 am. No. 24, 2006 S. 386B.............................. ad. No. 95, 1995 am. No. 143, 2001; No. 24, 2006 S. 386C.............................. ad. No. 95, 1995 am. No. 24, 2006 S. 386D.............................. ad. No. 95, 1995 Heading to s. 386E.......... rs. No. 24, 2006 S. 386E.............................. ad. No. 95, 1995 am. No. 143, 2001; No. 24, 2006 S. 386F.............................. ad. No. 95, 1995 am. No. 24, 2006 S. 386G............................. ad. No. 95, 1995 am. No. 143, 2001 S. 386H.............................. ad. No. 95, 1995 S. 386J.............................. ad. No. 95, 1995 am. No. 24, 2006 S. 387................................ rs. No. 109, 1952 am. No. 10, 1981; No. 57, 1988; No. 95, 1995 rs. No. 137, 2000 S. 387A.............................. ad. No. 109, 1952 am. No. 93, 1966; No. 98, 1979; No. 87, 1980; No. 10, 1981; No. 57, 1988; No. 95, 1995 S. 387B.............................. ad. No. 109, 1952 am. No. 36, 1958; No. 10, 1981 rep. No. 76, 1986 S. 388................................ am. No. 36, 1958; No. 1, 1965; No. 93, 1966; No. 98, 1979; No. 10, 1981; No. 78, 1990; No. 143, 2001 S. 389................................ am. No. 1, 1921 rs. No. 36, 1958 (as am. by No. 96, 1961) am. No. 10, 1981; No. 57, 1988; No. 143, 2001 S. 389A.............................. ad. No. 36, 1958 am. No. 1, 1965; No. 93, 1966; No. 98, 1979; No. 10, 1981; No. 57, 1988; No. 5, 1994; No. 95, 1995; No. 137, 2000; No. 143, 2001 S. 390................................ am. No. 1, 1965; No. 87, 1980 rep. No. 10, 1981 S. 391................................ rs. No. 36, 1958 am. No. 98, 1979; No. 95, 1995 Division 3 Heading to Div. 3 of Part X............................. ad. No. 36, 1958 Subhead. before s. 392.... rep. No. 36, 1958 S. 392................................ am. No. 36, 1958; No. 93, 1966; No. 216, 1973; No. 98, 1979 rs. No. 10, 1981 am. No. 80, 1982; No. 72, 1984; No. 141, 1987 rep. No. 57, 1988 S. 393................................ rs. No. 36, 1958 am. No. 93, 1966; No. 98, 1979 rs. No. 10, 1981 rep. No. 57, 1988 S. 394................................ rs. No. 10, 1981 am. No. 40, 1983; No. 72, 1984; No. 167, 1986; No. 141, 1987 rep. No. 57, 1988 S. 395................................ rep. No. 98, 1979 ad. No. 10, 1981 rep. No. 57, 1988 S. 395A.............................. ad. No. 167, 1986 S. 396................................ am. No. 36, 1958; No. 98, 1979; No. 87, 1980; No. 34, 1988; No. 95, 1995 S. 397................................ am. No. 1, 1921 rep. No. 36, 1958 ad. No. 98, 1979 am. No. 10, 1981; No. 141, 1987; No. 57, 1988; No. 5, 1994; No. 24, 2006 S. 398................................ rep. No. 76, 1986 S. 399................................ am. No. 98, 1979 Division 4 Heading to Div. 4 of Part X............................. ad. No. 36, 1958 Subhead. before s. 400.... rep. No. 36, 1958 S. 400................................ am. No. 36, 1958; No. 98, 1979; No. 87, 1980 S. 401................................ am. No. 98, 1979; No. 5, 1994; No. 95, 1995 S. 403................................ am. No. 109, 1952; No. 98, 1979; No. 95, 1995 S. 403A.............................. ad. No. 193, 1985 S. 404................................ am. No. 87, 1980; No. 95, 1995 Division 5 Div. 5 of Part X ................. ad. No. 36, 1958 S. 405A.............................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 36, 1958 am. No. 87, 1980; No. 34, 1988 Part XA Part XA ............................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 S. 405B.............................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 am. No. 141, 1987 S. 405C.............................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 am. No. 78, 1990 S. 405D.............................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 am. No. 95, 1995 S. 405E.............................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 am. No. 80, 1982 Ss. 405F–405H................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 am. No. 80, 1982; No. 78, 1990 S. 405J.............................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 am. No. 78, 1990 S. 405K.............................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 am. No. 10, 1981; No. 143, 2001 S. 405L.............................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 am. No. 80, 1982 rep. No. 6, 1989 S. 405M............................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 am. No. 78, 1990 Ss. 405N, 405P................. ad. No. 109, 1952 rep. No. 46, 1956 ad. No. 98, 1979 am. No. 80, 1982; No. 173, 1991 S. 405PA............................ ad. No. 80, 1982 (as am. by No. 39, 1983) rep. No. 78, 1990 S. 405Q............................. ad. No. 109, 1952 rep. No. 46, 1956 Part XI S. 406................................ am. No. 216, 1973; No. 98, 1979 rep. No. 10, 1981 S. 407................................ am. No. 60, 1967; No. 98, 1979; No. 78, 1990; No. 8, 2005 S. 407A.............................. ad. No. 28, 1972 am. No. 98, 1979; No. 10, 1981 S. 407A (1), (2) and (4) omitted by No. 98, 1979 S. 407A (3) omitted by No. 10, 1981 S. 407B.............................. ad. No. 28, 1972 am. No. 98, 1979; No. 10, 1981 rep. No. 98, 1979 S. 408................................ am. No. 36, 1958 rep. No. 98, 1979 S. 409................................ am. No. 1, 1921; No. 28, 1972; No. 98, 1979 rep. No. 98, 1979 S. 410................................ rs. No. 36, 1958 am. No. 98, 1979; No. 10, 1981; No. 5, 1994 S. 410A.............................. ad. No. 1, 1921 am. No. 36, 1958; No. 93, 1966; No. 98, 1979; No. 10, 1981; No. 57, 1988; No. 24, 2006 Heading to s. 410B ......... am. No. 24, 2006 S. 410B.............................. ad. No. 36, 1958 am. No. 216, 1973; No. 87, 1980; No. 95, 1995; No. 24, 2006 S. 411................................ rep. No. 10, 1981 ad. No. 24, 2006 S. 412................................ am. No. 87, 1980 rs. No. 78, 1990 S. 413................................ am. No. 1, 1921; No. 36, 1958; No. 93, 1966; No. 98, 1979; No. 10, 1981; No. 78, 1990; No. 95, 1995; No. 143, 2001 S. 414................................ am. No. 36, 1958; No. 96, 1961; No. 93, 1966; No. 98, 1979; No. 10, 1981; No. 57, 1988; No. 24, 2006 S. 415................................ am. No. 93, 1966; No. 98, 1979; No. 10, 1981; No. 57, 1988; No. 95, 1995; No. 143, 2001; No. 24, 2006 S. 416................................ am. No. 98, 1979 S. 417................................ rs. No. 36, 1958 (as am. by No. 96, 1961) am. No. 1, 1965; No. 93, 1966; No. 98, 1979; No. 10, 1981; No. 57, 1988; No. 78, 1990; No. 95, 1995 S. 418................................ rep. No. 36, 1958 S. 418A.............................. ad. No. 1, 1921 am. No. 80, 1950; No. 36, 1958; No. 96, 1961; No. 98, 1979; No. 78, 1990 S. 419................................ rs. No. 1, 1921 am. No. 49, 1934 rs. No. 96, 1961 am. No. 98, 1979 S. 420................................ rs. No. 36, 1958 (as am. by No. 96, 1961); No. 96, 1961 am. No. 93, 1966; No. 98, 1979 rep. No. 98, 1979 S. 421................................ am. No. 80, 1950 rep. No. 36, 1958 ad. No. 96, 1961 am. No. 98, 1979; No. 78, 1990 rs. No. 64, 1994 am. No. 143, 2001 S. 422................................ am. No. 98, 1979 rep. No. 64, 1994 S. 422A.............................. ad. No. 8, 1925 rep. No. 64, 1994 S. 423................................ am. No. 1, 1921; No. 87, 1980 rep. No. 64, 1994 S. 423A.............................. ad. No. 1, 1921 rep. No. 28, 1972 ad. No. 87, 1980 am. No. 78, 1990 rep. No. 64, 1994 S. 423B.............................. ad. No. 10, 1981 am. No. 57, 1988; No. 78, 1990 rep. No. 64, 1994 S. 424................................ rs. No. 36, 1958 am. No. 96, 1961; No. 91, 1976; No. 98, 1979; No. 76, 1986; Nos. 23 and 78, 1990; No. 95, 1995; No. 43, 1996 S. 424AA............................ ad. No. 57, 1988 rep. No. 6, 1989 Ss. 424A, 424B.................. ad. No. 40, 1983 rep. No. 6, 1989 S. 425................................ am. No. 1, 1921; No. 109, 1952; No. 96, 1953; No. 36, 1958; No. 93, 1966; No. 98, 1979; No. 87, 1980; Nos. 10 and 36, 1981; No. 80, 1982; No. 72, 1984 (as am. by No. 165, 1984); No. 193, 1985; No. 132, 1986; No. 57, 1988; Nos. 23 and 78, 1990; No. 173, 1991; No. 5, 1994; No. 19, 2003; Nos. 24 and 109, 2006 Note to s. 425(1AA).......... ad. No. 109, 2006 S. 426................................ ad. No. 98, 1979 am. No. 80, 1982; No. 72, 1984; No. 65, 1985; No. 99, 1988 rep. No. 78, 1990 S. 426A.............................. ad. No. 6, 1989 am. No. 78, 1990 Heading to s. 427 ............ rs. No. 24, 2006 S. 427................................ ad. No. 98, 1979 am. No. 87, 1980; No. 141, 1987; No. 78, 1990; No. 24, 2006 Schedules Schedule I ........................ am. No. 1, 1921; No. 98, 1979 Renumbered .................
Schedule IANo. 98, 1979 Schedule IA...................... rep. No. 98, 1979 Schedule II........................ am. No. 1, 1921; No. 36, 1958; No. 1, 1965; No. 98, 1979 Renumbered .................
Schedule IIANo. 98, 1979 Schedule IIA..................... rep. No. 98, 1979 Schedule III....................... am. No. 1, 1921 rep. No. 36, 1958 Schedule IV...................... ad. No. 1, 1921 rep. No. 49, 1934 Schedule V....................... ad. No. 1, 1921 am. No. 36, 1958 rep. No. 98, 1979 Schedule VI...................... ad. No. 49, 1934 rs. No. 96, 1953; No. 60, 1967 Renumbered Schedule 1..................... No. 98, 1979 Schedule 1........................ rs. No. 98, 1979 Schedules 2, 3.................. ad. No. 98, 1979 Schedule VII..................... ad. No. 49, 1934 rs. No. 62, 1968 Renumbered Schedule 4..................... No. 98, 1979 Schedule 4........................ am. No. 98, 1979 Schedule 5........................ ad. No. 98, 1979 Schedule 5A..................... ad. No. 80, 1982 Schedule 6........................ ad. No. 98, 1979 rep. No. 151, 1989 Schedule 6A..................... ad. No. 80, 1982 rep. No. 151, 1989 Schedule VIII.................... ad. No. 28, 1972 Renumbered Schedule 7..................... No. 98, 1979 Schedule 7........................ rep. No. 10, 1981 Schedule 8........................ ad. No. 98, 1979 Schedule 9........................ ad. No. 95, 1995 Note 2
Personal Property Securities (Consequential Amendments) Act 2009
(No. 131, 2009)
The following amendments commence on 1 February 2012 or an earlier time determined by the Minister (see section 306 of the Personal Property Securities Act 2009):
Schedule 3
6 Subsection 6(1)
Insert:
PPSA security interest (short for Personal Property Securities Act security interest) means:
(a) a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act); or
(b) a transitional security interest within the meaning of that Act, and to which Division 4 of Part 9.4 of that Act applies.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest);
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest, see section 308 of the Personal Property Securities Act 2009. Division 4 of Part 9.4 of that Act applies to transitional security interests in situations including the bankruptcy or insolvency of a secured party, grantor or debtor.
7 Subsection 83(2)
Omit “shall have priority over all other liens.”, substitute:
has priority over:
(a) all other liens; and
(b) any PPSA security interest in the ship.
8 After subsection 83(2)
Insert:
(2A) Subsection 73(2) of the Personal Property Securities Act 2009 applies to the lien for seamen’s wages.
Note 1: The effect of subsection (2A) is that the priority between a lien for seamen’s wages and a PPSA security interest is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009.
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009 applies to liens for seamen’s wages that arise after the commencement of subsection (2A) of this section (which commences at the registration commencement time within the meaning of the Personal Property Securities Act 2009).
9 After subsection 128(2)
Insert:
(2A) A charge that arises under subsection (2) and that relates to expenses that are being recovered in the same court and manner as wages due to seamen has priority over a PPSA security interest in the ship.
(2B) Subsection 73(2) of the Personal Property Securities Act 2009 applies to a charge covered by subsection (2A).
Note 1: The effect of subsection (2B) is that the priority between a charge covered by subsection (2A) and a PPSA security interest is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009.
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009 applies to charges that are covered by subsection (2A) that arise after the commencement of subsection (2B) of this section (which commences at the registration commencement time within the meaning of the Personal Property Securities Act 2009).
10 After subsection 298(2)
Insert:
(2A) A charge that arises under subsection (2) has priority over any PPSA security interest in the ship.
(2B) Subsection 73(2) of the Personal Property Securities Act 2009 applies to a charge that arises under subsection (2).
Note 1: The effect of subsection (2B) is that the priority between a charge that arises under subsection (2) and a PPSA security interest is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009.
Note 2: Subsection 73(2) of the Personal Property Securities Act 2009 applies to charges that arise under subsection (2) that arise after the commencement of subsection (2B) of this section (which commences at the registration commencement time within the meaning of the Personal Property Securities Act 2009).
As at 17 October 2011 the amendments are not incorporated in this compilation.
Note 3
Personal Property Securities (Corporations and Other Amendments) Act 2010 (No. 96, 2010)
The following amendment commences immediately after the commencement of item 6 of Schedule 3 to the Personal Property Securities (Consequential Amendments) Act 2009:
Schedule 3
5 Subsection 6(1) (definition of PPSA security interest)
Repeal the definition, substitute:
PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest);
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest, see section 308 of the Personal Property Securities Act 2009.
Note: This amendment replaces the definition inserted by item 6 of Schedule 3 to the Personal Property Securities (Consequential Amendments) Act 2009.
As at 17 October 2011 the amendment is not incorporated in this compilation.
Note 4
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
The following amendments commence on 27 December 2011 unless proclaimed earlier:
Schedule 2
869 Subsection 6(1) (definition of exclusive economic zone)
Repeal the definition.
870 Subsection 295A(2)
Omit “section 8”, substitute “subsection 7(2)”.
871 Subsection 295A(2)
Omit “another”, substitute “an”.
872 Subsection 295B(2)
Omit “section 8”, substitute “subsection 7(2)”.
873 Subsection 295B(2)
Omit “another”, substitute “an”.
As at 17 October 2011 the amendments are not incorporated in this compilation.
Table A
Application, saving or transitional provisions
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional—pre‑commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional—pre‑commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first‑mentioned provision is amended by this Schedule;
the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 143, 2001)
4 Application of Amendments
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4 Saving of matters in Part 2 of Schedule 1
(1) If:
(a) a decision or action is taken or another thing is made, given or done; and
(b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.
Schedule 1
496 Saving provision—Finance Minister’s determinations
If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.
Maritime Legislation Amendment Act 2006 (No. 24, 2006)
Schedule 2
13 Transitional provision
A declaration of the Minister in force under subsection 8AB(1) of the Navigation Act 1912 immediately before the day on which items 11 and 12 commence continues in force, on and after that day, as if it were a declaration made by the Authority under subsection 8AB(1A) of the Navigation Act 1912 as amended by this Act.
Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2006 (No. 138, 2006)
Schedule 1
5 Transitional provision
If a ship construction certificate issued in respect of an Australian ship was in force under section 267B of the Navigation Act 1912 immediately before the commencement of this item, the certificate:
(a) is taken to be a certificate issued in respect of that ship under that section immediately after that commencement; and
(b) remains in force until it expires, unless it is cancelled or ceases to have effect sooner.
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 (No. 144, 2008)
Schedule 11
33 Application of amendment of section 156
The amendment of section 156 of the Navigation Act 1912 made by this Schedule applies in relation to a seaman who dies on or after the commencement of the amendment.
36 Application of amendments of section 157
The amendments of section 157 of the Navigation Act 1912 made by this Schedule apply in relation to wills made on or after the commencement of the amendments.
40 Application of amendments of section 158
The amendments of section 158 of the Navigation Act 1912 made by this Schedule apply in relation to a seaman who dies on or after the commencement of the amendments.
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
The following provisions commence on 27 December 2011 unless proclaimed earlier:
Schedule 3
10 Saving—appointments
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
0
0
0