NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
(#DATE 31:07:1982)
- In force under the Navigation Act 1912 - Reprinted as at 31 July 1982 *1* The Navigation (Distressed Seamen) Regulations (in force under the Navigation Act 1912) as shown in this reprint comprise Statutory Rules 1967 No. 89 amended as indicated in the Tables below. Table of Statutory Rules ----------------------------------------------------------------------------- Date of Application, saving Year and notification Date of or transitional number in Gazette commencement provisions ----------------------------------------------------------------------------- 1967 No. 89 6 July 1967 6 July 1967 1982 No. 15 25 Jan 1982 26 Jan 1982 - ----------------------------------------------------------------------------- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ----------------------------------------------------------------------------- Provision affected How affected ----------------------------------------------------------------------------- R. 2 . . . . . . . . . am. 1982 No. 15 R. 11 . . . . . . . . am. 1982 No. 15 R. 18 . . . . . . . . am. 1982 No. 15 The Schedule . . . . . am. 1982 No. 15 ----------------------------------------------------------------------------- NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Application of Regulations
4. Relief and maintenance for distressed seamen
5. Board and lodging, clothing, &c.
6. Repatriation of distressed seamen
7. Proper return port to be stated
8. Passage on certain Australian ships
9. Duty of master on termination of passage
10. Payment for passage on Australian ship
11. Passage on ships other than Australian ships
12. Payments by proper authorities en route
13. Medical certificate
14. Allowance for rescued seamen
15. Allowance for insane seamen
16. Repatriation to ports in home country, &c.
17. Certificate of expenses incurred by Commonwealth
18. Recovery of expenses incurred by the Commonwealth
THE SCHEDULE
FORMS
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 1.
Citation
1. These Regulations may be cited as the Navigation (Distressed Seamen)
Regulations.*1*
See notes to first article of this CHAPTER.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 2.
Interpretation
2. (1) In these Regulations, unless the contrary intention appears-
"distressed seaman" has the same meaning as in Division 19 of Part II of the
Act;
"intermediate port", in relation to a distressed seaman, means a port that
is en route from the port where a distressed seaman is in distress to-
(a) his proper return port; or
(b) a port in the country in which his home address is situate;
"passage order" means an order referred to in paragraph (b) of
sub-regulation (3) of regulation 8 of these Regulations;
"relief and maintenance" means relief and maintenance in accordance with
Division 19 of Part II of the Act;
"repatriation", in relation to a distressed seaman, means conveyance, in
accordance with these Regulations, of that seaman to-
(a) his proper return port;
(b) an intermediate port; or
(c) a port in the country in which his home address is situate;
"seaman" has the same meaning as in Division 19 of Part II of the Act;
"the Act" means the Navigation Act 1912.
(2) In these Regulations, a reference to a Form by number shall be read as a
reference to the Form so numbered in the Schedule to these Regulations.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 3.
Application of Regulations
3. (1) These Regulations do not apply in relation to a seaman who becomes a
distressed seaman at a place in the country in which his home address is
situate or a Territory of that country.
(2) Subject to regulation 18 of these Regulations, these Regulations only
apply to a distressed seaman until-
(a) his repatriation is effected and the provisions of regulation 9 of
these Regulations are complied with; or
(b) he unreasonably refuses-
(i) arrangements for his repatriation to his proper return port; or
(ii) employment on a ship sailing to his proper return port at a rating
and wages that were applicable to him when last employed on a ship.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 4.
Relief and maintenance for distressed seamen
4. (1) Upon application in accordance with the next succeeding
sub-regulation, a person who has become a distressed seaman is entitled to
relief and maintenance in accordance with these Regulations.
(2) The application-
(a) shall be in accordance with Form 1;
(b) shall be furnished to the proper authority at the port where the person
is in distress; and
(c) shall be accompanied by a statement in accordance with Form 2 made
before, and witnessed by, the proper authority.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 5.
Board and lodging, clothing, &c.
5. Subject to these Regulations, a proper authority shall provide a
distressed seaman with board and lodging, and, if necessary, adequate
clothing, surgical and medical advice and attendance and medicine.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 6.
Repatriation of distressed seamen
6. (1) Subject to these Regulations, a proper authority may arrange for the
repatriation of a distressed seaman either wholly or in part by sea, by air or
by land.
(2) In choosing the mode of repatriation of a distressed seaman, a proper
authority shall-
(a) have regard to the convenience of the distressed seaman;
(b) consider whether the expenses likely to be incurred are reasonable;
and
(c) consider whether it is practicable to place the distressed seaman on a
ship, registered in Australia or any other Commonwealth country, that is
without its complement of seamen.
(3) The mode of repatriation, if not wholly by sea, shall, if time permits,
be approved by the Minister.
(4) The last preceding sub-regulation does not apply to the conveyance of a
distressed seaman from the port where he is in distress to a neighbouring port
where a passage on a ship, either as a passenger or a member of the crew, is
immediately available for the seaman.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 7.
Proper return port to be stated
7. A proper authority shall state the proper return port of a distressed
seaman in documents issued in connexion with the repatriation of the seaman.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 8.
Passage on certain Australian ships
8. (1) Subject to these Regulations, a proper authority may direct the
master of a ship registered in Australia to provide a distressed seaman with a
passage on the ship.
(2) The master shall comply with a direction under the last preceding
sub-regulation unless he satisfies the proper authority that proper
accommodation is not available on board and the proper authority gives notice
that he has revoked his direction.
(3) Upon giving a direction under sub-regulation (1) of this regulation, the
proper authority shall-
(a) if practicable, endorse on the agreement between the master and the
crew of the ship-
(i) the name of the distressed seaman; and
(ii) the date on which the master is required to receive the distressed
seaman; and
(b) furnish to the master an order in accordance with Form 3 requiring the
master to provide the distressed seaman with a passage on the ship.
(4) This regulation does not apply to or in relation to the master of-
(a) a Government ship not engaged in trade;
(b) a ship engaged in the coasting trade;
(c) a fishing boat;
(d) a pleasure yacht; or
(e) a ship of less than one hundred tons gross registered tonnage.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 9.
Duty of master on termination of passage
9. On the termination at a port of a passage provided by a master under
regulation 8 of these Regulations, the master-
(a) shall make a statement in accordance with Form 4 before the proper
authority at that port;
(b) shall deliver the seaman to that proper authority; and
(c) shall produce to the proper authority-
(i) the passage order relating to the seaman;
(ii) any certificate under regulation 13 of these Regulations relating
to the seaman; and
(iii) any agreement under regulation 15 of these Regulations relating to
the seaman.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 10.
Payment for passage on Australian ship
10. (1) Where a passage provided by a master under regulation 8 of these
Regulations terminates at a port which is the distressed seaman's proper
return port and the proper authority at that port is satisfied, upon perusal
of the statement referred to in the last preceding regulation and any
documents in the possession of the master, that the seaman has been conveyed
and maintained in accordance with the passage order and these Regulations, the
proper authority shall-
(a) endorse on the agreement between the master and the crew the place at
which and the date on which the seaman was landed; and
(b) pay the master for the passage at the prescribed rate.
(2) For the purposes of the last preceding sub-regulation, the prescribed
rate is One dollar per day or part thereof.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 11.
Passage on ships other than Australian ships
11. (1) If it is not possible to arrange for a passage for a distressed
seaman on a ship registered in Australia, a proper authority may, subject to
these Regulations, arrange for a passage for the seaman on any other ship to
which Part II of the Act applies or, if a passage cannot be arranged on such a
ship, on any other ship.
(2) Where the charge for a passage arranged under the last preceding
sub-regulation has not been paid, the proper authority at the port at which
the passage terminates shall, upon application by the master of the ship, pay
the master for the passage at the rate prescribed by the last preceding
regulation.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 12.
Payments by proper authorities en route
12. (1) Where a proper authority has arranged for a passage on a ship for a
distressed seaman, the proper authority at a port at which the ship calls may
make any payment in respect of the seaman that the first-mentioned proper
authority could have made.
(2) Where a payment is made in pursuance of the last preceding
sub-regulation, the proper authority shall endorse on Form 3 details of the
payment and shall certify that the particulars set out in the endorsement are
correct.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 13.
Medical certificate
13. (1) A proper authority shall not arrange for the repatriation of a
distressed seaman until a duly qualified medical practitioner has examined the
seaman and has certified-
(a) that the seaman is not suffering from disease being a disease that is a
quarantinable disease for the purpose of the Quarantine Act 1908-1961, or from
any other infectious disease;
(b) that in his opinion, the seaman is not, at the date he so certifies,
likely to infect other persons with a disease referred to in the last
preceding paragraph; and
(c) whether there are, at the port from which the seaman is to be
repatriated, persons suffering from, or the seaman has recently suffered from,
a disease referred to in that paragraph.
(2) Upon arranging for a passage on a ship for the distressed seaman, the
proper authority shall give the certificate to the master of the ship.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 14.
Allowance for rescued seamen
14. Where a ship brings to a port a distressed seaman who has been rescued
at sea, the proper authority at the port may pay the master for the
maintenance of the seaman at the rate prescribed by regulation 10 of these
Regulations.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 15.
Allowance for insane seamen
15. (1) Where-
(a) a proper authority arranges for a passage on a ship for a distressed
seaman; and
(b) the distressed seaman, by reason of a mental disorder, requires special
care and attendance,
the proper authority may make an agreement with the master for the provision
of such care and attendance and for the payment, in addition to a payment
under regulation 10 of these Regulations, of an allowance specified in the
agreement, being an allowance that the proper authority considers reasonable
for that care and attendance.
(2) The proper authority shall as soon as practicable after making the
agreement send a copy of it to the Minister.
(3) Where-
(a) payment under the agreement has not been made; and
(b) the proper authority at the port at which the passage terminates is
satisfied, upon production of the agreement, that the master has carried out
his obligations under the agreement,
the proper authority shall pay the master in accordance with the agreement.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 16.
Repatriation to ports in home country, &c.
16. (1) Subject to these Regulations, a proper authority may, at the request
of a distressed seaman, arrange conveyance for that seaman to a port other
than the proper return port of the seaman, being-
(a) a port in the country in which his home address is situate; or
(b) an intermediate port.
(2) A proper authority shall not arrange conveyance for a distressed seaman
by any mode under this regulation if the cost would be greater than the cost
of conveyance by that mode to the proper return port of the seaman.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 17.
Certificate of expenses incurred by Commonwealth
17. (1) The Minister may, by instrument in writing, certify-
(a) that a specified person was, between specified dates, a distressed
seaman;
(b) that relief and maintenance in accordance with these Regulations was
provided for the distressed seaman; and
(c) that specified expenses were incurred by or on behalf of the
Commonwealth in providing the relief and maintenance.
(2) In proceedings for the recovery of expenses incurred by or on behalf of
the Commonwealth, a certificate referred to in the last preceding
sub-regulation is evidence of the facts stated in the certificate.
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SECT. 18.
Recovery of expenses incurred by the Commonwealth
18. (1) The expenses incurred by or on behalf of the Commonwealth under
these Regulations in respect of the relief and maintenance of a distressed
seaman, including the expense of obtaining a medical certificate under
regulation 13 of these Regulations, are, subject to this regulation,
recoverable as a debt due to the Commonwealth, from any one or more of the
following persons:
(a) the master of the ship from which the seaman was left behind;
(b) the owner of the ship from which the seaman was left behind;
(c) if the ship to which the seaman belonged was a foreign ship, the
person, whether principal or agent, who engaged the seaman for service on the
ship; and
(d) the seaman.
(2) In proceedings for the recovery of the expenses incurred by or on behalf
of the Commonwealth under these Regulations in which a seaman is the defendant
or a defendant, it is a defence to the proceedings against the seaman if the
court is satisfied that the reason for the seaman having been left behind from
his ship was a reason other than that the seaman-
(a) deserted from his ship;
(b) was imprisoned; or
(c) was discharged from the ship on the ground of misconduct.
(3) In proceedings for the recovery of the expenses incurred by or on behalf
of the Commonwealth under these Regulations in which the master, the owner or
the principal or agent of a ship is a defendant or any two or more of those
persons are defendants, it is a defence to the proceedings against such a
defendant or those defendants if the court is satisfied that the reason for
the seaman having been left behind from his ship was that the seaman-
(a) deserted from his ship;
(b) was imprisoned; or
(c) was discharged from the ship on the ground of misconduct.
(4) As between the persons referred to in paragraphs (a), (b) and (c) of
sub-regulation (1) of this regulation, the liability of those persons is joint
and several.
(5) The expenses payable under these Regulations by a person referred to in
paragraph (a), (b) or (c) of sub-regulation (1) of this regulation are a
charge upon the ship to which the seaman belonged.
(6) A reference in this regulation to the owner of a ship is a reference
to-
(a) where the ship has been lost-the owner of the ship at the time of the
loss;
(b) where the ownership of the ship has been transferred-
(i) the present owner of the ship; and
(ii) the owner of the ship at the time of the transfer; or
(c) in any other case-the present owner of the ship.
----------------
NAVIGATION (DISTRESSED SEAMEN) REGULATIONS
- SCHEDULE
SCH
THE SCHEDULE
FORM 1
Regulation
4
COMMONWEALTH OF AUSTRALIA
Navigation (Distressed Seamen) Regulations
APPLICATION BY A DISTRESSED SEAMAN FOR RELIEF AND MAINTENANCE
1. Particulars of seaman.
------------------------------------------------------------------------------
--
Details Particulars of
Christian of any certificates of
Surname names Date and documents Place where
competency
(in block (in block place of of document and
letters) letters) birth Nationality identification
issued service
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
Name and address of
Home next-of-kin, stating
address relationship
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
2. Particulars of service on last ship on which seaman served.
------------------------------------------------------------------------------
-- Name and Port of
Name of Official Home address of Name of engagement
ship No. port owner master and date Capacity Wages
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
3. Application by seaman.
*maintenance
I apply for *relief
*a passage to my proper return port
Dated this day of , 19 .
........................................................................(Seama
n)
------------------------------------------------------------------------------
--
*Strike out if not required.
--------
FORM 2
Regulation
4
COMMONWEALTH OF AUSTRALIA
Navigation (Distressed Seamen) Regulations
STATEMENT BY DISTRESSED SEAMAN
I became a distressed seaman on , 19 , by reason
of
being *discharged from
*left behind from my ship at . *shipwrecked in
I am still in distress.
I was discharged *on the ground of misconduct.
*by mutual consent.
or
I was left behind by reason of *desertion.
*absence without leave.
*imprisonment for misconduct.
or
I was *discharged
*left behind for the following
reason+..........................................
..............................................................................
..
..............................................................................
..
++Upon my discharge by mutual consent, the following arrangements were made
with regard to expenses that might be incurred as a result of the
discharge.....
..............................................................................
..
..............................................................................
..
------------------------------------------------------------------------------
-- * Strike out whichever is inapplicable.
+ Insert any other reason not specified in the preceding paragraphs.
++Strike out if not required.
I have since been employed
at..........................................as.....
..............................................................................
..
I declare that the particulars contained in this Declaration and in my
Application
for *relief
*repatriation and maintenance are true.
........................................................................(Seama
n)
Signed before me
at................................................this.......
day of.............................., 19 .
..............................................................(Proper
authority)
.........................................................................(Titl
e)
------------------------------------------------------------------------------
-- *Strike out whichever is inapplicable.
--------
FORM 3
Regulation
8
COMMONWEALTH OF AUSTRALIA
Navigation (Distressed Seamen) Regulations
ORDER TO PROVIDE DISTRESSED SEAMAN WITH PASSAGE
To the Master of at the port of
Official No. of ship Home port
I direct you to receive the undermentioned distressed seaman on board your
ship and to provide him with a passage to the port
of..............................in accordance with the provisions of the
Navigation (Distressed Seamen) Regulations.
1. Particulars of seaman.
------------------------------------------------------------------------------
-- Details
of
any
Proper return documents
of
Full name port Home address Place of
birth Nationality
identification
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
2. Particulars of ship on which the seaman was employed immediately before
he
became a distressed seaman.
------------------------------------------------------------------------------
-- Home port Port of Date and
Name of Official or Port engagement place of
ship No. of registry and date discharge Capacity Wages
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
3. Unless the seaman became a distressed seaman on account of being
shipwrecked, state the circumstances in which the seaman was discharged from
his last ship or the circumstances in which the seaman was left behind from
his
ship.
4. Statement of wages of the seaman paid to proper authority.
------------------------------------------------------------------------------
--
$ $
*Wages- +Deductions-
Amount . . . . . . . Advances . . . . .
------------------ ------------------
Less total
deductions . . . . . . Other (specify) .
------------------ ------------------
TOTAL
NET BALANCE $ DEDUCTIONS $
------------------ ------------------
------------------------------------------------------------------------------
--
* If no wages paid, state "none". + If no deductions made, state "none".
5. Particulars of expenses incurred by proper authority in respect of the
seaman.
------------------------------------------------------------------------------
-- $
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
-- TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
------------------------------------------------------------------------------
--
Dated this day of , 19 .
..............................................................(Proper
authority)
.........................................................................(Titl
e)
Endorsements (if any).
--------
FORM 4
Regulations 9 and
10
COMMONWEALTH OF AUSTRALIA
Navigation (Distressed Seamen) Regulations
DECLARATION BY MASTER
------------------------------------------------------------------------------
-- Complement of Name of ship Official No. Home port Name of
master crew
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
Date when
Full name maintenance Place No. of days Date of distressed
on board where passage seaman was when passage seaman
commenced terminated maintained terminated
------------------------------------------------------------------------------
--
------------------------------------------------------------------------------
--
I declare that the abovementioned particulars are true and that during the
passage I had my full complement of crew (excluding the distressed seaman)
*except.......................................................................
..
.......................................................................(Master
).
Declared before me this day of , 19 .
(Official Stamp)..........................................(Proper
authority).
Port
of.........................................................................
------------------------------------------------------------------------------
--
*Strike out or complete as required.
------------------------------------------------------------------------------
--
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