Navigation Amendment Act 1980 (Cth)
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“2. (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;
(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.”.
“2a. This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.”.
(a) by inserting after the definition of “articles of agreement” in sub-section (1) the following definition:
“‘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 sub-section 4(2) of the
Fisheries Act 1952 is in force;”;(b) by inserting before the definition of “consul” in sub-section (1) the following definition:
“‘Commonwealth ship’ means a ship—
(a) that belongs to the Commonwealth;
(b) the beneficial interest in which is vested in the Commonwealth; or
(c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth,
but does not include a ship that belongs to the Australian Shipping Commission;”;
(c) by inserting after the definition of “equipment” in sub-section (1) the following definitions:
“‘fish’ includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed;
“‘fishing vessel’ means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly or principally for the taking, catching or capturing of fish for trading or manufacturing purposes or for the processing or carrying of fish so taken, caught or captured, but does not include a Commonwealth ship or an inland waterways vessel;”;
(d) by inserting after the definition of “harbour” in sub-section (1) the following definitions:
“‘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;”;
(e) by inserting after the definition of “official log-book” in sub-section (1) the following definition:
“‘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;”;
(f) by inserting after the definition of “pilot” in sub-section (1) the following definition:
“‘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;”;
(g) by inserting before the definition of “seaman” in sub-section (1) the following definition:
“‘sea’ includes any waters within the ebb and flow of the tide;”;
(h) by omitting from sub-section (1) the definition of “ship” and substituting the following definition:
“‘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; and
(c) an off-shore industry mobile unit;”;
(j) by inserting after the definition of “this Act” in sub-section (1) the following definition:
“‘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, an off-shore industry mobile unit, an off-shore industry vessel to which this Act applies, an inland waterways vessel or a pleasure craft;”;
(k) by omitting from sub-section (1) the definition of “vessel”; and
(m) by inserting after sub-section (1) the following sub-section:
“(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.”.
(a) by omitting from sub-section (1) the definition of “agreement” and substituting the following definition:
“‘agreement’, in relation to a ship to which section 45a applies, means the agreement under section 46, 47 or 48 between the master of the ship and the crew of the ship and, in relation to a seaman belonging to such a ship, means the agreement under section 46, 47 or 48, as the case requires, between the master of the ship and the seaman;”;
(b) by inserting after the definition of “consul” in sub-section (1) the following definition:
“‘contract of sea service’ means a contract of sea service under section 47a;”;
(c) by adding at the end of the definition of “discharge” in sub-section (1) “or upon the termination or cessation of a contract of sea service into which he has entered”;
(d) by inserting after the definition of “effects” in sub-section (1) the following definition:
“‘employer’, in relation to a contract of sea service, means the owner of a ship or ships to which section 47a applies who enters into the contract;”;
(e) by adding at the end of the definition of “port” in sub-section (1) “, but does not include an off-shore industry fixed structure or an off-shore industry mobile unit”; and
(f) by inserting after sub-section (4) the following sub-section:
“(4a) Where, in pursuance of a contract of sea service, a person becomes a member of the crew of a ship, he shall, until he ceases to be a member of the crew of the ship, be deemed, for the purposes of this Act, to belong to the ship.”.
(a) by omitting from sub-section (1) “sub-section (2)” and substituting “this section”; and
(b) by inserting after sub-section (1) the following sub-section:
“(1a)For the purposes of this Act, the proper return port of a master or seaman who has entered into a contract of sea service is the port specified in the contract of sea service as the proper return port of the master or seaman, as the case may be, or, if no port is so specified in the contract of sea service, the port at which the master or seaman, as the case may be, shipped.”.
“8. (1) In this section—
‘Australia’ includes such of the external Territories as are prescribed for the purposes of this section;
‘Australian coastal sea’ means—
(i) the territorial sea of Australia; and
(ii) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory;
‘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 subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with such equipment;
(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 subsoil with equipment on or forming part of the structure or by obtaining substantial quantities of material from the seabed or its subsoil with such equipment; 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 sub-paragraph (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. (1) In this section—
‘prescribed period’, in relation to an application under sub-section (2) or a declaration made under sub-section (5) upon such an application, means the period of 3 years from the date of the making of the application;
‘State Marine Minister’ means—
(a) in relation to a State—the Minister of the Crown of the State who is the member for the State of the conference of Commonwealth, State and Northern Territory Ministers known as the Marine and Ports Council of Australia; or
(b) in relation to the Northern Territory—the Minister of the Northern Territory who is the member for the Northern Territory of the conference of Commonwealth, State and Northern Territory Ministers known as the Marine and Ports Council of Australia.
“(2) The owner of an off-shore industry vessel the operations of which are not intended to be confined during the next 3 years to the waters of the sea adjacent to the coast of one State or to the waters of the sea adjacent to the Northern Territory may apply, in the prescribed form or in a form approved by the Minister by instrument in writing, for a declaration under sub-section (5) in relation to the off-shore industry vessel.
“(3) An application under sub-section (2) shall specify the States and Territories from which it is intended that the off-shore industry vessel will operate during the prescribed period.
“(4) Where the Minister receives an application under sub-section (2) in relation to an off-shore industry vessel, he shall forward a copy of the application to the State Marine Minister for each State specified in the application as a State from which the off-shore industry vessel will operate during the prescribed period and, if the Northern Territory is so specified, the State Marine Minister for the Northern Territory.
“(5) Where the Minister is of the opinion, after taking into account any information given to him by a State Marine Minister for a State or the Northern Territory, that the operations of an off-shore industry vessel in relation to which an application has been made under sub-section (2) will not be confined during the prescribed period to the waters of the sea adjacent to the coast of one State or to the waters of the sea adjacent to the Northern Territory, the Minister may, by instrument in writing, declare the off-shore industry vessel to be an off-shore industry vessel to which this Act applies.
“(6) A declaration under sub-section (5) lapses at the expiration of the prescribed period.
“(7) A reference in this Act to an off-shore industry vessel to which this Act applies shall be read as a reference to an off-shore industry vessel in respect of which a declaration under sub-section (5) is in force.
“(8) For the purposes of this
section, the waters of the sea adjacent to the coast of a State or of the
Northern Territory shall be deemed to comprise the waters of the sea within the
limits of that State or Territory and so much of the waters of the sea within
the area the boundary of which is described under the heading referring to that
State or Territory in Schedule 2 to the
“8b.
(1) Subject to sub-section (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
“(2) The Minister 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 sub-section (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 sub-section (2) is contravened or not complied with, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding $1,000.”.
“9. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers or functions under this Act, other than this power of delegation.
“(2) A power or function so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
“(3) A delegation under this section does not prevent the exercise of a power or function by the Minister.”.
(a) by inserting “or into a contract of sea service” after “ship” (last occurring); and
(b) by adding at the end thereof “at a port”.
(a) by omitting “, other than a river and bay ship,”;
(b) by omitting “other than foreign-going ships” and substituting “a ship that is not engaged in making overseas voyages”; and
(c) by omitting “foreign-going ships” (last occurring) and substituting “a ship that is proceeding on an overseas voyage”.
(a) by omitting from sub-section (1) “foreign-going ship (whether British or foreign)” and substituting “ship (whether British or foreign) that is engaged in making overseas voyages”;
(b) by omitting from sub-section (1a) “Commonwealth or State Act” and substituting “law of the Commonwealth or of a State or the Northern Territory”; and
(c) by omitting from sub-section (2) “crews of Australian-trade ships” and substituting “crew of a ship that is engaged in making inter-State voyages”.
“45d. This Division applies in relation to the entering into, at a port in Australia, by a seaman of a contract of sea service as if the entering into of that contract were the engagement, at that port, of the seaman to be entered on board a ship to which section 45a applies, and, for the purposes of that application—
(a) the reference in sub-section 45a(1) to an engagement to which section 47 applies shall be read as a reference to an engagement to which sub-section 47a(7) applies;
(b) the reference in sub-section 45a(4) to an agreement shall be read as a reference to a contract of sea service; and
(c) the reference in sub-section 45a(11) to the attesting by a superintendent of an agreement between a seaman and a master under section 46 shall be read as a reference to the attesting by the superintendent at the port of a contract of sea service between an employer and a seaman under section 47a.”.
“47a. (1) This section applies in relation to off-shore industry vessels and off-shore industry mobile units.
“(2) The owner of a ship or ships to which this section applies may, subject to this section, enter into a contract of sea service with a person with respect to the employment of that person as the master of, or as a seaman on, that ship or some or all of those ships, as the case requires.
“(3) Subject to sub-section (7), a contract of sea service shall not be entered into except with the approval of a proper authority at a port.
“(4) Subject to sub-section (7), a contract of sea service—
(a) shall be in accordance with the prescribed form or in such form as is approved by the Minister by instrument in writing, shall provide for such terms of employment as are prescribed and may contain such other terms of employment as are approved by the Minister by instrument in writing;
(b) shall be prepared in triplicate;
(c) shall be signed by or on behalf of the owner in the presence of a proper authority at a port;
(d) shall, after having been read over and explained by the proper authority, be signed by the other party to the contract in the presence of the proper authority; and
(e) shall be attested by the proper authority.
“(5) A proper authority who attests a contract of sea service shall deal with each part of the contract in the prescribed manner.
“(6) Sub-sections 46 (1) and 48 (1) do not apply in relation to a ship to which this section applies if there is in force between the owner of the ship and each seaman who is a member of the crew of the ship a contract of sea service.
“(7) If, for the purpose of enabling a ship to which this section applies to be taken to sea from a port in Australia, it is necessary, for any unforeseen cause, to engage a seaman to serve on the ship as a substitute in the place of a seaman who entered into a contract of sea service with the owner of the ship but it is not practicable, before the ship is taken to sea, to obtain the approval of a superintendent at the port to a contract of sea service being entered into with the substitute, then the owner of the ship, or the master of the ship acting on behalf of the owner, may enter into a contract of sea service with the substitute under sub-section (2) notwithstanding that that approval has not been obtained, and, where a contract of sea service is so entered into, it shall be sufficient compliance with paragraphs (4)(c), (d) and (e) if the contract of sea service is signed in the presence of, and attested by, a person other than a superintendent at the port, but the master of the ship shall, as soon as is practicable, report the transaction, in the prescribed form or in a form approved by the Minister by instrument in writing, to a proper authority at a port.
“(8) The owner of a ship to which this section applies shall, at such times as are prescribed and in accordance with the prescribed form or in a form approved by the Minister by instrument in writing, furnish to a superintendent at a port such details of, and such details of changes in, the crew of the ship as are required by the form to be furnished.”.
(a) by inserting in sub-section (2) “, or to enter into a contract of sea service,” after “ship”; and
(b) by inserting in sub-section (2) “or is to serve, as the case may be,” after “engaged”.
(a) by inserting “, or to enter into a contract of sea service,” after “a ship”; and
(b) by inserting “or from his last contract of sea service, as the case may be,” after “his last ship”.
(a) by inserting “, or enter into a contract of sea service with an alien,” before “unless”; and
(b) by adding at the end thereof “or the contract of sea service is to be entered into, as the case may be”.
(a) by omitting from sub-section (1) “The master” and substituting “Subject to sub-section (3), the master”; and
(b) by adding at the end thereof the following sub-section:
“(3) Sub-section (1) does not apply in relation to the master of a ship if there is in force between the owner of the ship and each seaman who is a member of the crew of the ship a contract of sea service.”.
“(3) In this section, ‘agreement’, in relation to a ship in respect of which sub-section 47a(6) has effect, means the terms of employment applicable to each seaman who is a member of the crew of the ship under the contract of sea service entered into by the seaman under section 47a.”.
“54. (1) Subject to sub-section (2), the master of a ship shall, within 48 hours after the arrival of the ship at the port that is the final port of destination mentioned in the ship’s agreement or upon the discharge of the ship’s crew, whichever first occurs, deliver the agreement to a proper authority at a port.
“(2) Sub-section (1) does not apply in relation to the master of a ship if there is in force between the owner of the ship and each seaman who is a member of the crew of the ship a contract of sea service.
“(3) Where a contract of sea service is terminated or otherwise ceases to be in force, the employer shall, within the prescribed time, deliver the contract to a proper authority at a port.”.
“(3) In this section, ‘agreement’ includes a contract of sea service.”.
“(2) In this section, ‘agreement’ includes a contract of sea service.”.
“(2) In this section, ‘agreement’, in relation to a seaman, includes a contract of sea service entered into by the seaman.”.
(a) by omitting “engages or discharges a seaman” and substituting “enters into articles of agreement with a seaman, or discharges a seaman (being a seaman serving under articles of agreement),”; and
(b) by adding at the end thereof the following sub-section:
“(2) A person who enters into a contract of sea service with a seaman at a port in Australia, and the employer of a seaman whose contract of sea service is terminated or otherwise ceases to be in force at a time when the seaman is in Australia, shall pay to a superintendent at a port such fee as is prescribed and may deduct from the wages of the seaman such proportion of the fee as is prescribed.”.
(a) by inserting “serving under articles of agreement” after “seaman” (first occurring);
(b) by inserting in paragraph (a) “at a port” after “a superintendent”; and
(c) by adding at the end thereof the following sub-section:
“(2) When a contract of sea service with a seaman is terminated or otherwise ceases to be in force and the seaman is in Australia, the employer, or a person acting on behalf of the employer, shall—
(a) sign and give to the seaman, through or in the presence of a superintendent at a port, a discharge in accordance with the prescribed form or in a form approved by the Minister by instrument in writing; and
(b) return to the seaman any previous discharge of the seaman in the possession, custody or control of the employer.”.
(a) by inserting in sub-section (1)”, being a seaman serving under articles of agreement,” after “a seaman”;
(b) by omitting from paragraph (b) of sub-section (1) “the superintendent” and substituting “a superintendent”;
(c) by inserting after sub-section (1) the following sub-section:
“(1a) The employer of a seaman serving under a contract of sea service, or a person acting on his behalf, shall not, while the seaman is in Australia, discharge the seaman if the contract of sea service was entered into outside Australia unless—
(a) the contract has expired; or
(b) a superintendent at a port has granted his sanction to the discharge and indorsed the contract of sea service to that effect.”;
(d) by inserting in sub-section (2) “or contract of sea service, as the case may be,” after “the agreement”; and
(e) by omitting sub-section (3) and substituting the following sub-sections:
“(3) A person who contravenes this section is guilty of an indictable offence.
“(4) In a prosecution for an offence against this section—
(a) the burden of proving that the sanction of a superintendent at a port was granted to the discharge of a seaman is on the person charged; and
(b) it is a defence if the person charged proves that, in the circumstances, it was not reasonably practicable for an application to be made for the grant of the sanction.”.
(a) by inserting in sub-section (1) “serving under articles of agreement” after “seaman” (first occurring);
(b) by inserting in sub-section (3) “under the agreement” after “entered on board the ship”;
(c) by inserting after sub-section (4) the following sub-sections:
“(4a) The employer of a seaman serving under a contract of sea service, or a person acting on his behalf, shall not terminate the contract of sea service at a time when the seaman is outside Australia unless a proper authority at a port has approved the termination of the contract of sea service and indorsed the contract of sea service to that effect.
“(4b) A proper authority at a port may withhold his approval to the termination of a contract of sea service with a seaman if he is of the opinion—
(a) that the termination of the contract of sea service would be in breach of the contract of sea service or contrary to a provision of this Act or to the law of a country other than Australia; or
(b) that the termination of the contract of sea service would be unjust.”;
(d) by inserting in sub-section (6) “serving under articles of agreement” after “seaman” (first occurring);
(e) by inserting in sub-section (6) “at the port” after “a proper authority”;
(f) by inserting in sub-section (6) “, in accordance with the prescribed form or in a form approved by the Minister by instrument in writing,” after “discharge”; and
(g) by adding at the end thereof the following sub-section:
“(7) When a contract of sea service with a seaman is terminated or otherwise ceases to be in force at a time when the seaman is outside Australia, the employer shall sign and give to the seaman, or cause to be signed and given to the seaman, through or in the presence of a proper authority at a port, a discharge in accordance with the prescribed form or in a form approved by the Minister by instrument in writing.”.
“(2) When a contract of sea service with a seaman is terminated or otherwise ceases to be in force, the employer shall return, or cause to be returned, to the seaman any of the certificates of the seaman in the possession, custody or control of the employer.”.
“67. (1) When a seaman serving under articles of agreement is discharged from a ship, the master of the ship shall make and sign, in accordance with the prescribed form or in a form approved by the Minister by instrument in writing, and give to a proper authority at a port, a report of the conduct, character and qualifications of the seaman.
“(2) When a contract of sea service with a seaman is terminated or otherwise ceases to be in force, the employer shall make and sign, in accordance with the prescribed form or in a form approved by the Minister by instrument in writing, and forthwith give to a proper authority at a port, a report of the conduct, character and qualifications of the seaman.
“(3) Where a proper authority at a port is given a report of the conduct, character and qualifications of a seaman in pursuance of sub-section (1) or (2), he shall, if the seaman requests, give a copy of the report to the seaman.
“68. (1) A person shall not—
(a) knowingly sign or give a false certificate of discharge or knowingly make, sign or give a false report of character;
(b) forge or fraudulently alter a certificate of discharge or a report of character;
(c) fraudulently use, or fraudulently produce to a proper authority at a port—
(i) a certificate of discharge; or
(ii) a report of character,
that is forged, is altered or does not relate to him; or
(d) allow a person to use fraudulently—
(i) a certificate of discharge; or
(ii) a report of character,
that does not relate to that last-mentioned person.
“(2) In this section—
‘certificate of discharge’ includes a copy of such a certificate;
‘report of character’ means a report under sub-section 67(1) or (2), and includes a copy of such a report.”.
(a) by inserting in sub-section (1) “, or who enters into a contract of sea service,” before “may”;
(b) by inserting in sub-section (2) “or with his employer under his contract of sea service, as the case may be” after “engages to serve”;
(c) by inserting in paragraph (a) of sub-section (3) “or the employer, as the case may be,” after “the master”;
(d) by inserting in paragraph (b) of sub-section (3) “or contract of sea service, as the case requires,” after “agreement”; and
(e) by inserting in sub-section (4) “, or who enters into a contract of sea service,” before “shall”.
(a) by inserting in sub-section (1) “or contract of sea service, as the case may be,” after “agreement”;
(b) by inserting in sub-section (2) “or employer, as the case may be,” after “master”; and
(c) by inserting in sub-section (2) “or contract of sea service, as the case may be,” after “agreement” (last occurring).
(a) by inserting in sub-section (1) “serving under articles of agreement” after “seaman” (first occurring);
(b) by omitting from paragraph (a) of sub-section (1) “the proper authority” and substituting “a proper authority”;
(c) by omitting paragraph (b) of sub-section (1) and substituting the following paragraph—
“(b) if the seaman requests the master of the ship that he be paid in the presence of a proper authority at the port—the seaman shall be paid in the presence of a proper authority at the port or, if that is not practicable, through a proper authority at the port.”;
(d) by inserting in sub-section (2) “referred to in sub-section (1)” after “seaman”;
(e) by omitting from sub-section (2) “sub-section (1)” and substituting “that sub-section”;
(f) by inserting after sub-section (2) the following sub-sections:
“(2
a ) Where a contract of sea service with a seaman is terminated or otherwise ceases to be in force, then—(a) subject to section 79, the seaman shall, before or at the time he is given his discharge, be paid the amount of wages due to him up to the time of the termination or cessation of his contract, less any deductions specified in the account required to be delivered to him under sub-section 76(2) and any other deductions approved by a proper authority at a port; and
(b) if the seaman requests a proper authority at a port, or the master of the ship to which he belongs, that he be paid in the presence of a proper authority at a port—the seaman shall be paid in the presence of a proper authority at a port, or if that is not practicable, through a proper authority at a port.
“(2b) If a seaman referred to in sub-section (2a) is not paid the amount of his wages in accordance with that sub-section, the employer of the seaman is guilty of an offence.”;
(g) by omitting from sub-section (3) “sub-section (2)” and substituting “this section”; and
(h) by omitting from sub-section (3) “sub-section (1)” and substituting “this section”.
(a) by inserting in sub-section (1) “(being a seaman serving under articles of agreement)” after “seaman” (first and second occurring);
(b) by inserting in sub-section (1) “at the port” after “proper authority”; and
(c) by inserting after sub-section (1) the following sub-section:
“(2) The employer of a seaman who is serving under a contract of sea service that is terminated or otherwise ceases to be in force shall deliver to the seaman either directly or through a proper authority at a port, at the prescribed time and in the prescribed form or in a form approved by the Minister 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.”.
(a) by inserting in sub-section (1) “articles of” before “agreement”;
(b) by inserting after sub-section (3) the following sub-section:
“(3a) Subject to sub-section (5), if a payment of wages is not made to a seaman serving under a contract of sea service at or before the time when payment is required to be made to him under the terms of his contract of sea service, he is entitled to recover from his employer, in addition to the wages due to him, 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.”;
(c) by inserting in sub-section (4) “or (3a)” after “sub-section (3)”;
(d) by inserting in sub-section (5) “or (3a)” after “sub-section (3)”;
(e) by omitting from sub-paragraph (i) of paragraph (a) of sub-section (5) “by the master”; and
(f) by omitting from paragraph (b) of sub-section (5) “the owner or master of the ship” and substituting “the person against whom the action is brought or of any person acting on his behalf”.
(a) by omitting “before or at the time he is given his discharge from a ship”;
(b) by omitting “from the ship”; and
(c) by adding at the end thereof “or, in the case of a seaman who served under a contract of sea service, his employer or of any person acting on his behalf “.
(a) by omitting paragraph (a) and substituting the following paragraph:
“(a) Where the settlement of a seaman’s wages is completed before a proper authority at a port, the seaman and the master or owner, or, in the case of a seaman who served under a contract of sea service, the employer, or a person acting on behalf of the master, owner or employer, shall, in the presence of the proper authority, sign, in the prescribed form or in a form approved by the Minister by instrument in writing, a mutual release of all claims in respect of the past engagement or service, other than any claim by the seaman against the master or owner, or against the employer, as the case may be, that, by a note entered upon the release, is excepted from the release.”; and
(b) by inserting in paragraph (c) “or service” after “engagement”.
“(3) This section does not apply to a seaman in respect of whom a contract of sea service is in force.”.
(a) by inserting in sub-section (1) “, contract or covenant” after “agreement”;
(b) by inserting in paragraph (b) of sub-section (1) “to which he belongs” after “the ship”;
(c) by inserting in paragraph (c) of sub-section (1) “to which he belongs” after “the ship”; and
(d) by inserting in sub-section (3) “or contract of sea service” after “agreement”.
(a) by omitting from sub-section (1) “(other than a river or bay ship)”;
(b) by omitting from the definition of “seaman” in sub-section (6) “boat” (first occurring) and substituting “vessel”; and
(c) by omitting from the definition of “seaman” in sub-section (6) “boat” (last occurring) and substituting “ship”.
“(3) If a contract of sea service with a seaman is terminated, otherwise than in accordance with the terms of the contract of sea service or the provisions of this Act, without fault on the seaman’s part justifying that termination, and without his consent, he shall be entitled to receive from his employer, in addition to any wages he has earned, compensation not being less than one month’s wages, and may recover that compensation as if it were wages duly earned.”.
(a) by adding at the end of paragraph (b) “; and”; and
(b) by adding after paragraph (b) the following paragraph:
“(c) Any claim by or on behalf of a person for wages earned by the person under a contract of sea service.”.
(a) by omitting from sub-section (1) “a foreign-going ship” and substituting “a ship that is about to proceed on an overseas voyage from an Australian port”; and
(b) by omitting from sub-section (1) “is about to” and substituting “will”.
“(14) Notwithstanding sub-sections (1) and (13), if a contract of sea service between the owner of a ship or ships to which section 47a applies and a seaman includes a provision to the effect that, if the seaman commits a breach of discipline specified in the provision, that breach shall be a breach of the contract of sea service, and the master of the ship on which the seaman is, in accordance with the contract of sea service, a member of the crew shall impose upon the seaman a fine of the amount specified in the provision in relation to that breach of discipline, this section applies, by force of this sub-section, in relation to that ship and in relation to the seaman and the master as if that provision were a provision referred to in sub-section (1) and, for the purposes of this section as so applying, the reference in sub-section (11) to the seaman’s agreement shall be read as a reference to his contract of sea service.”.
“‘agreement’ includes a contract of sea service and, in relation to the master of a ship, means the agreement made by him to serve on the ship or the contract of sea service entered into by him, as the case requires, and, in relation to an apprentice, means his indentures of apprenticeship;”.
“(a) ship proceeding on an overseas voyage; or”.
(a) by omitting from sub-section (1) “The master” and substituting “Subject to sub-section (1a
), the master”;(b) by inserting in sub-section (1) “, or the contract of sea service under which the seaman is serving, as the case requires,” after “the articles of agreement of the ship”; and
(c) by inserting after sub-section (1) the following sub-section:
“(1a) Sub-section (1) does not apply in relation to a seaman serving under a contract of sea service where the seaman is left behind, or is proposed to be left behind, in accordance with the terms of his contract of sea service.”.
(a) by omitting from sub-section (1) “If a seaman” and substituting “Subject to sub-section (1a), if a seaman”; and
(b) by inserting after sub-section (1) the following sub-section:
“(1a) Sub-section (1) does not apply in relation to a seaman serving under a contract of sea service where the seaman is left on shore at a port in accordance with the terms of his contract of sea service.”.
(a) by inserting in sub-section (2) “, or the contracts of sea service under which the ship’s crew are serving,” after “the ship’s agreement”; and
(b) by inserting in sub-section (5) “or of any service” after “engagement”.
(a) by inserting in paragraph (a) of sub-section (1) “or the contracts of sea service under which the ship’s crew are serving, as the case requires” after “ship”;
(b) by inserting in sub-section (2) “or the contracts of sea service, as the case requires,” after “agreement”; and
(c) by adding at the end of sub-section (3) “or the contracts of sea service, as the case requires”.
(a) by inserting in sub-section (1) “, not being a ship in respect of which sub-section 47a (6) has effect,” after “The master of a ship”;
(b) by inserting after sub-section (1) the following sub-section:
“(1a) The master of a ship in respect of which sub-section 47a(6) has effect shall, upon the owner of the ship ceasing to be the owner, upon the ship ceasing to be a ship in respect of which sub-section 47a(6) has effect or upon receiving a direction in writing from the Minister, deliver the official log-book of the ship to a proper authority at a port and shall, in any event, at intervals not exceeding 3months, produce the official log-book of the ship to a proper authority at a port for his inspection.”; and
(c) by inserting in sub-section (2) “or sub-section (1a)” after “paragraph (1) (b)”.
“(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. (1) In this section, ‘prescribed certificate’ means—
(a) a certificate referred to in section 194, 206d, 206e, 206f, 206g, 206h, 206i, 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 Minister by instrument in writing, to the Minister for the issue of a prescribed certificate in respect of the ship.
“(3) Where an application is made under sub-section (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.”.
“(4) Regulations and orders giving effect to the 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 Convention in relation to that ship.”.
“209. (1) Where a ship to which this section applies is unseaworthy, a seaman or apprentice belonging to the ship does not commit a breach of his agreement, contract of sea service or indentures of apprenticeship, as the case may be, by reason of his refusal to sail in the ship while it is unseaworthy.
“(2) Where a ship to which this section applies is unseaworthy, any seaman (being a seaman serving under articles of agreement) belonging to the ship shall, if he so requests, be granted a discharge from the ship unless it is made seaworthy within a reasonable time.
“(3) This section applies to—
(a) ships registered in Australia;
(b) ships (other than ships registered in Australia) engaged in the coasting trade; and
(c) ships (other than ships registered in Australia or engaged in the coasting trade) regularly employed in trading to and from ports in Australia and owned by a person, firm or company resident, or having his or its principal place of business, in Australia.”.
“231. Unless the contrary intention appears, this Division, and the regulations made by virtue of this Division, do not apply in relation to a Safety Convention ship in respect of which there is in force a valid Safety Convention certificate showing that the ship—
(a) complies with such of the requirements of the Safety Convention as relate to radio installations and radio navigational aids; or
(b) is wholly exempt from those requirements or is partly exempt and complies with those requirements to the extent to which it is not exempt.”.
“251. (1) Subject to sub-section (3), a seaman or apprentice belonging to a ship to which this section applies may decline to go to sea in the ship if it is carrying dangerous goods.
“(2) Subject to sub-section (3), where a ship to which this section applies is carrying dangerous goods, any seaman (being a seaman serving under articles of agreement) belonging to the ship shall, if he so requests, be granted a discharge from the ship.
“(3) This section does not apply where the carriage of the relevant dangerous goods is in accordance with this Act or the seaman’s agreement or contract of sea service, as the case may be, or with the apprentice’s indentures of apprenticeship.
“(4) This section applies to—
(a) ships registered in Australia;
(b) ships (other than ships registered in Australia) engaged in the coasting trade; and
(c) ships (other than ships registered in Australia or engaged in the coasting trade) regularly employed in trading to and from ports in Australia and owned by a person, firm or company resident, or having his or its principal place of business, in Australia.”.
“283c. (1) This Part extends to every external Territory prescribed for the purposes of section 8.
“(2) In sub-section (1), ‘this Part’ includes the regulations made by virtue of this Part and the orders made in pursuance of those regulations.
“283d. (1) The regulations may make provision—
(a) for or in relation to giving effect to resolutions of the Inter-Governmental Maritime Consultative Organization with respect to off-shore industry vessels or classes of off-shore industry vessels; and
(b) in relation to off-shore industry vessels with respect to any matter with respect to which provision is made by this Act or may be made by regulations made otherwise than by virtue of this section.
“(2) The regulations may provide that a specified provision of this Act does not apply, or applies with prescribed modifications, in relation to off-shore industry vessels or a class of off-shore industry vessels.
“(3) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
“(4) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (1) of this section.
“(5) Nothing in this section shall be taken to authorize the making of regulations affecting the operation of section 2, 8 or 8a.
“283e. (1) The regulations may make provision—
(a) for or in relation to giving effect to resolutions of the Inter-Governmental Maritime Consultative Organization with respect to off-shore industry mobile units or classes of off-shore industry mobile units;
(b) in relation to off-shore industry mobile units with respect to any matter with respect to which provision is made by this Act or may be made by regulations made otherwise than by virtue of this section; and
(c) for or in relation to any of the following matters, namely—
(i) the inspection and survey of off-shore industry mobile units, and the issue of survey certificates in respect of such units;
(ii) the construction, hull, equipment and machinery of off-shore industry mobile units;
(iii) the stability of off-shore industry mobile units;
(iv) accommodation on off-shore industry mobile units;
(v) safety in relation to off-shore industry mobile units, including life-saving equipment and appliances to be carried on such units;
(vi) the prevention, detection and extinction of fire on off-shore industry mobile units;
(vii) the prevention of collisions involving off-shore industry mobile units;
(viii) the navigation (including towing) of off-shore industry mobile units;
(ix) the equipping of off-shore industry mobile units with radio installations and the operation, maintenance and use on off-shore industry mobile units of radio installations;
(x) the manning of off-shore industry mobile units;
(xi) the securing to the seabed of off-shore industry mobile units engaged in drilling, laying pipelines or other operations;
(xii) the providing of off-shore industry vessels for use in association with off-shore industry mobile units;
(xiii) the transfer of persons and goods to or from off-shore industry mobile units, including the provision, maintenance and use of cranes and other lifting devices and equipment and helicopter landing facilities;
(xiv) the prevention of pollution, or other damage to the environment, by off-shore industry mobile units;
(xv) the carrying of an operating manual by off-shore industry mobile units;
(xvi) the carriage of dangerous goods on off-shore industry mobile units; and
(xvii) the granting of exemptions, whether conditionally or unconditionally, to off-shore industry mobile units from any requirement of this Act.
“(2) The regulations may provide that a specified provision of this Act does not apply, or applies with prescribed modifications, in relation to off-shore industry mobile units or a class of off-shore industry mobile units.
“(3) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
“(4) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (1) of this section.
“(5) Section 2 does not have effect in relation to regulations made by virtue of this section, or in relation to orders made by virtue of such regulations, that make provision for or in relation to the providing of off-shore industry vessels for use in association with off-shore industry mobile units.
“283f. (1) The Minister may, by notice in writing served on the master or owner of an off-shore industry mobile unit, give directions with respect to any matter for or in relation to which provision may be made by the regulations by virtue of section 283e.
“(2) Directions given under sub-section (1) do not have effect to the extent that they are inconsistent with regulations made by virtue of section 283e or orders made in pursuance of those regulations.
“(3) If a direction given to the master or owner of an off-shore industry mobile unit under sub-section (1) is not complied with, the master and owner are each guilty of an offence punishable upon conviction by a fine not exceeding $1,000.
“283g. (1) Subject to sub-section (2) and except where the contrary intention appears, the provisions of this Act apply in relation to an off-shore industry vessel, or an off-shore industry mobile unit, that is not registered in Australia as if it were registered in Australia and were not registered in any other country.
“(2) The Minister may, by instrument in writing, direct that, in relation to an off-shore industry vessel, an off-shore industry mobile unit, a class of offshore industry vessels or a class of off-shore industry mobile units specified in the direction, sub-section (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 sub-section (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 an off-shore industry vessel, or an off-shore industry mobile unit, by virtue of a direction under sub-section (2) is contravened or not complied with, the master and owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding $1,000.
“283h. (1) For the purposes of this Act, personnel carried on board an off-shore industry vessel or off-shore industry mobile unit shall, except where the contrary intention appears, be deemed not to be passengers on that ship.
“(2) In sub-section (1), ‘personnel’ means persons carried on board an offshore industry vessel or off-shore industry mobile unit with the knowledge or consent of the owner, agent or master of the ship, other than—
(a) the master or any other member of the crew of the ship;
(b) a pilot;
(c) a person temporarily employed on the ship in port; or
(d) any person included in a class of persons prescribed for the purposes of this paragraph.
“283j.
(1) The Minister may, by notice published in the
(a) off-shore industry vessels or a class or classes of off-shore industry vessels; or
(b) off-shore industry mobile units or a class or classes of off-shore industry mobile units.
“(2) A notice in the
“283k.
(1) Regulations made by virtue of sections 283d
and 283e, orders made in pursuance
of those regulations and directions given under section 283f do not have effect to the extent that
they are inconsistent with the
“(2) The reference in sub-section (1) to the Petroleum (Submerged Lands) Act of a State or the Northern Territory shall be construed as a reference to the Act of the State or the Territory, as the case may be, relating to the exploration for, and the exploitation of, the petroleum resources of submerged land adjacent to the coast of that State or Territory.”.
(a) by omitting from paragraph (b) of sub-section (1) “$2,000” and substituting “$20,000”;
(b) by omitting from paragraph (c) of sub-section (1) “$600” and substituting “$5,000”;
(c) by omitting sub-section (2) and substituting the following sub-section:
“(2) Disputes as to salvage may be determined by the Supreme Court of a State or, to the extent that the Constitution permits, the Supreme Court of the Australian Capital Territory or the Supreme Court of the Northern Territory, but, if the claimant does not recover more than $5,000, he is entitled to recover only such costs as the Court allows, being costs not exceeding reasonable costs of the scale usually allowed in any inferior Court in which the case might have been brought in the State or Territory, unless the Court certifies that the case is a fit one to be tried otherwise than summarily.”; and
(d) by adding at the end of sub-section (3) “or Territory”.
(a) by omitting from sub-section (1) “$200” and substituting “$2,000”;
(b) by adding at the end of sub-section (1) “or Territory”; and
(c) by inserting in sub-section (2) “or Territory” after “the State”.
(a) by inserting in sub-section (1) “or part of a ship” after “ship”;
(b) by inserting in paragraph (a) of sub-section (1) “, or a specified part of the wreck,” after “wreck”;
(c) by inserting in paragraph (b) of sub-section (1) “, or the part of the wreck, as the case may be,” after “the wreck”;
(d) by inserting in paragraph (c) of sub-section (1) “, or a part of any wreck,” after “any wreck”;
(e) by inserting in paragraph (c) of sub-section (1) “ or the part of the wreck” after “the wreck”;
(f) by adding at the end of sub-section (2) “or the part of the ship”; and
(g) by adding at the end thereof the following sub-section:
“(4) Section 2 does not have effect in relation to this section.”.
(a) by inserting in sub-section (1) “, a Territory” after “a State”;
(b) by inserting in sub-section (1) “, the Territory” after “the State”;
(c) by inserting in sub-section (2) “, a Territory” after “a State”;
(d) by inserting in paragraph (a) of sub-section (3) “or Territory” after “a State”; and
(e) by omitting from paragraph (e) of sub-section (3) “government” and substituting “Government”.
(a) by omitting from sub-section (2) “vessels” and substituting “ships”; and
(b) by omitting sub-section (3) and substituting the following sub-section:
“(3) The provisions of this Division 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 Convention in relation to that ship.”.
“334. Every ship that is not a ship referred to in paragraph 2(1)(a), (b), (c) or (d) and is not a sea-going ship shall, for the purposes of this Division and the applied provisions of the Convention, be treated as if it were a sea-going ship.”.
“358. (1) A Court of Marine Inquiry shall be constituted by a Judge or by 2 or more Judges.
“(2) In sub-section (1), ‘Judge’ means a Judge of the Federal Court of Australia, of the Supreme Court of a State or Territory or of a County Court, District Court or Local Court of a State specially authorized by the Governor-General to sit as the member, or as a member, of a Court of Marine Inquiry or of Courts of Marine Inquiry.”.
“(3) Section 2 does not have effect in relation to this section.”.
“(3) Section 2 does not have effect in relation to this section.”.
(a) by inserting in sub-section (1) “a Territory,” after “a State,” (first occurring); and
(b) by omitting from sub-section (1) “the High Court or the Supreme Court of a State” and substituting “the Supreme Court of a State, the Supreme Court of the Australian Capital Territory or the Supreme Court of the Northern Territory”.
(a) by inserting in sub-sections (1) and (2) “or Territory” after “or a State” (wherever occurring); and
(b) by omitting from sub-section (2) “or the State” and substituting “, the State or the Territory”.
“423a. (1) The Minister may, by instrument in writing, exempt a Commonwealth ship, or ships included in a class of Commonwealth ships, from the provisions of this Act or such of the provisions of this Act as are specified in the exemption.
“(2) An exemption under sub-section (1)—
(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.”.
(a) by omitting from sub-paragraph (vi) of paragraph (f) of sub-section (1) “and” (last occurring);
(b) by adding at the end of paragraph (f) of sub-section (1) the following word and sub-paragraph:
“; and (viii) the fixing of fees to be paid in respect of any matters under orders made in pursuance of the regulations;”;
(c) by inserting in paragraph (h) of sub-section (1)”, a provision of any of the orders made in pursuance of the regulations” after “the regulations” (first occurring);
(d) by omitting from paragraph (i) of sub-section (1) “or the regulations”;
(e) by inserting after sub-section (5) the following sub-sections:
“(5a) Unless the contrary intention appears, expressions used in orders made in pursuance of the regulations have the same meanings as in this Act.
“(5b) Orders made in pursuance of the regulations shall be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this sub-section, have been construed as being in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of that power.”;
(f) by inserting after sub-section (6) the following sub-section:
“(6a) Notwithstanding section 49a of the
Acts Interpretation Act 1901, the regulations may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in orders made in pursuance of the regulations, being orders to which section 426 applies, as in force or existing from time to time.”; and
(g) by omitting from sub-section (7) “and State” and substituting “, State and Northern Territory”.
(a) the following sub-section were inserted after sub-section (1) of that section of the Principal Act:
“(1a) When a contract of sea service with a seaman is terminated or otherwise ceases to be in force, the employer shall return, or cause to be returned, to the seaman any certificate belonging to the seaman in the possession, custody or control of the employer.”; and
(b) “sub-section (1)” were omitted from sub-section (2) of that section of the Principal Act and “this section” were substituted.
“(6a) Sub-section (6) does not apply to the making of regulations for the purposes of sub-section 14(2) or 43(2) in respect of an off-shore industry vessel, an off-shore industry mobile unit, a class of off-shore industry vessels or a class of off-shore industry mobile units.”.
ADDITIONAL AMENDMENTS
1. The following provisions of the Principal Act are amended by omitting “vessel” (wherever occurring) and substituting “ship”:
Section 3, sub-paragraph 7(1)(d)(ii), section 8, sub-sections 187(3), 191(4), 258(1a), 259(1), (2) and (4), 260(1), 261(1) and 263(1), section 264, paragraph 265(1)(b), sub-sections 265(2) and (6), section 265a, sub-sections 317a(2) and (3), section 327, sub-sections 370a(3), 380(1) and 396(1), (3) and (4), paragraph 404(c) and section 412.
2. The following provisions of the Principal Act are amended by omitting “vessels” (wherever occurring) and substituting “ships”:
Sub-sections 258(1), 259(1), 260(1) and 261(1), section 261a and sub-sections 264(1) and (3).
3. The Principal Act is further amended as set out in the following table:
Provision | Amendment |
Sub-section 6(4)......................... | Omit “or vessel” (wherever occurring). |
Section 423................................ | Omit “vessels” (first occurring), substitute “ships”. |
0
0
0