NAVIGATION (MASTER AND SEAMEN) REGULATIONS
- In force under the Navigation Act 1912
- Reprinted as at 29 February 1988 (HISTREG CHAP 157 #DATE 29:02:1988)
*1* The Navigation (Master and Seamen) Regulations (in force under the Navigation Act 1912) as shown in this reprint comprise Statutory Rules 1963 No. 102 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 ------------------------------------------------------------------------ 1963 No. 102 25 Oct 1963 25 Oct 1963 - l964 No. 8 30 Jan 1964 30 Jan 1964 - 1965 No. 111 16 Aug 1965 16 Aug 1965 - 1967 No. 90 6 July 1967 6 July 1967 - 1968 No. 117 3 Oct 1968 3 Oct 1968 R.3 1974 No. 83 21 May 1974 21 May 1974 - 1975 No. 111 17 June 1975 17 June 1975 - 114 17 June 1975 17 June 1975 - 1976 No. 282 15 Dec 1976 1 Jan 1977 - 1977 No. 228 24 Nov 1977 24 Nov 1977 - 271 22 Dec 1977 1 Jan 1978 - 1979 No. 197 27 Sept 1979 1 Oct 1979 - 1981 No. 291 30 Sept 1981 1 Oct 1981 - 397 31 Dec 1981 31 Dec 1981 - 1982 No. 7 25 Jan 1982 25 Jan 1982 - 8 25 Jan 1982 1 Feb 1982 - 20 25 Jan 1982 26 Jan 1982 - 396 31 Dec 1982 31 Dec 1982 - 1984 No. 357 30 Nov 1984 1 Dec 1984 - 1985 No. 257 30 Sept 1985 1 Oct 1985 - 1986 No. 225 29 Aug 1986 Rr. 3-5: 1 Sept 1986 - R. 6: 1 Oct 1986 Reminder: 29 Aug 1986 ------------------------------------------------------------------------ Table of Amendments ad.=added or inserted am.=amend rep.=repealed rs.=repealed and substituted ------------------------------------------------------------------------ Provision affected How affected ------------------------------------------------------------------------ R.2 . . . . . . . . . am. 1977 No. 228 R.3 . . . . . . . . . am. 1975 No. 111; 1977 No. 228 R.4 . . . . . . . . . am. 1964 No. 8; 1982 Nos. 8, 20 and 396 R.6 . . . . . . . . . am. 1967 No. 90; 1976 No. 282; 1977 No. 271; 1979 No. 197; 1981 No. 291 rep. 198 No. 397 R.7 . . . . . . . . . am. 1977 No. 228; 1986 No. 225 R.8 . . . . . . . . . am. 1977 No. 228; 1982 No. 7 R.8A. . . . . . . . . ad. 1981 No. 397 R.8B. . . . . . . . . ad. 1982 No. 7 R.9 . . . . . . . . . am. 1967 No. 90; 1976 No. 282; 1977 No. 271; 1979 No. 197; 1981 No. 291; 1982 No. 8; 1984 No. 357; 1985 No. 257; 1986 No. 225 R.10. . . . . . . . . am. 1977 No. 228 Rr.12-14. . . . . . . am. 1977 No. 228 R.15. . . . . . . . . am. 1977 No. 228 rep. 1986 No. 225 R.16. . . . . . . . . am. 1967 No 90; 1968 No. 117; 1975 No. 111; 1976 No. 282; 1977 Nos. 228 and 271; 1979 No. 197; 1982 No.8 R.17. . . . . . . . . rs. 1968 No. 117 am. 1977 No. 228 rep.1986 No. 225 R.18. . . . . . . . . am. 1977 No. 228 R.19A . . . . . . . . ad. 1982 No. 8 R.20. . . . . . . . . am. 1977 No.228 R.22. . . . . . . . . am. 1977 No.228 R.23. . . . . . . . . am. 1977 No.228 R.25. . . . . . . . . am. 1965 No. 111; 1974 No. 83; 1975 No.114; 1977 No. 228; 1982 No. 20 R.26. . . . . . . . . rs. 1967 No. 90 am. 1976 No. 282; 1977 No. 271; 1979 No. 197; 1981 No. 291; 1984 No. 357; 1985 No. 257; 1986 No. 225 R.27. . . . . . . . . rs. 1967 No. 90 am. 1976 No. 282; 2977 Nos. 228 and 271; 1979 No. 197; 1981 No. 291 1984 No. 357; 1985 No. 257; 1986 No. 225 R.28. . . . . . . . . am. 1967 No. 90; 1976 No. 282; 1977 Nos. 228 and 271; 1979 No. 197; 1981 No. 291; 1984 No. 357; 1985 No. 257; 1986 No. 225 R.29. . . . . . . . . am. 1967 No. 90; 1976 No. 282; 1977 No. 271; 1979 No. 197; 1981 No. 291; 1984 No. 357; 1985 No. 257; 1986 No. 225 Rr.30, 31 . . . . . . am. 1967 No. 90; 1976 No. 282; 1977 Nos. 228 and 271; 1979 No. 197; 1981 No. 291; 1984 No. 357; 1985 No. 257; 1986 No. 225 R.32. . . . . . . . . am. 1977 No. 228 R.33. . . . . . . . . am. 1967 No. 90; 1982 No. 8 Heading to The Schedules . . . . . .rep. 1977 No. 228 Heading to First Schedule. . . . . . .rep. 1977 No. 228 Heading to Schedule l ad. 1977 No. 228 Heading to Second Schedule. . . . . . .rep. 1977 No. 228 Heading to Schedule 2 ad. 1977 No. 228 Second Schedule . . . am. 1965 No. 111; 1967 No. 90; 1975 No. 111; 1977 No. 228 Schedule 2. . . . . . am. 1981 No. 397; 1982 Nos. 7, 8 and 20; 1986 No. 225 NAVIGATION (MASTER AND SEAMEN) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Repeal
3. Interpretation
4. General Register of Seamen
5. Indentures of apprenticeship
7. Agreement under section 46 of the Act
8. Changes in crew
8A. Minimum age for employment at sea
8B. Details of, and details of changes in, the crew of a ship
9. Fees, engagement and discharge
10. Certificate of discharge
11. Report of seaman's character
12. Allotment notes
13. Account of wages
14. Release of claims
18. Account of wages of seamen etc. left on shore
19. Entries in log-book relating to money and effects of deceased seaman or
apprentice
19A.Investment of moneys of deceased seamen
20. Search of ships - signal to heave to
21. Particulars of crew
22. Official log-book
23. Entries in log-book - sub-section 171(1) of the Act
24. Signatures to entries in log-book
25. Entries relating to births, deaths etc. in log-book
26. Certificate of service as a seaman
27. Fees
28. Travelling time
29. Waiting time
30. Postponement fee
31. Cancellation fee
32. Postponement and cancellation fees on Saturdays etc.
33. Travelling expenses
SCHEDULE 1
Repeal
SCHEDULE 2
Forms
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Navigation (Master and Seamen)
Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 2
Repeal
2. (1) The Navigation (Master and Seamen) Regulations (comprising the
Statutory Rules specified in Schedule 1) are repealed.
(2) The Schedule to the Navigation (General Amendments) Regulations is
amended by omitting item 16.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 3
Interpretation
3. (1) In these Regulations, unless the contrary intention appears -
"holiday", in relation to the services of an official, means any day observed
at the place at which the official is employed as a holiday in the Australian
Public Service under section 76 of the Public Service Act 1922;
"ordinary official hours", in relation to a port, means the hours during which
the Mercantile Marine Office at that port is open for public business;
"the Act" means the Navigation Act 1912.
(2) A reference in these Regulations to a form by number shall be read as a
reference to the form so numbered in Schedule 2.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 4
General Register of Seamen
4. (1) The General Register of Seamen referred to in section 12 of the Act
shall be kept at Canberra.
(2) There shall be entered in the General Register of Seamen a record of
each person who -
(a) is engaged in;
(ab) becomes a member of the crew of;
(ac) in pursuance of articles of agreement, ceases temporarily to be a
member of the crew of;
(b) is discharged from;
(c) has failed to join; or
(d) has been left behind from or deserted from,
a ship to which Part II of the Act applies.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 5
Indentures of apprenticeship
5. For the purposes of section 34 of the Act, the prescribed form is Form 1.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 7
Agreement under section 46 of the Act
7. For the purposes of paragraph 46 (2) (a) of the Act, the prescribed form
is Form 3.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 8
Changes in crew
8. (1) For the purposes of paragraph 47 (d) of the Act, the prescribed form
is Form 4.
(2) Where the master furnishes a report of a transaction referred to in
section 47 of the Act, he shall deliver to the proper authority any discharge
of the seaman to whom the report relates that is in the possession of the
master.
(3) The master shall not mark in any way a discharge required to be
delivered under sub-regulation (2).
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 8A
Minimum age for employment at sea
8A. (1) For the purposes of sub-section 48A (1) of the Act, the prescribed
age is -
(a) except where paragraph (b) applies - 16 years in respect of any
capacity; or
(b) where a minimum age in respect of a capacity is prescribed -
(i) in regulations, as in force from time to time, made by virtue of
section 15 of the Act; or
(ii) in orders, as in force from time to time, made in pursuance of
regulations made by virtue of that section,
the age prescribed by those regulations or those orders, as the case may be,
in respect of that capacity.
(2) Sub-regulation (1) does not apply to service in ships where only members
of the same family are employed, or to service in any training ship approved
by the Minister.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 8B
Details of, and details of changes in, the crew of a ship
8B. (1) For the purposes of sub-section 52 (1) of the Act, the prescribed
form is Form 4.
(2) For the purposes of sub-section 52 (1) of the Act, the prescribed times
are -
(a) in the case of the furnishing of details of the crew of a ship - at any
time before the ship leaves port; and
(b) in the case of the furnishing of details of a change in the crew of a
ship -
(i) except where sub-paragraph (ii) or (iii) applies - at any time during
the period that commences when the change occurs and ends 12 hours after the
change or when the ship leaves port, whichever first occurs;
(ii) except where sub-paragraph (iii) applies, where the furnishing of
details of a change in accordance with sub-paragraph (i) would cause the
departure of the ship to be delayed - at any time during the period that
commences on the arrival of the ship at the next port and ends 12 hours after
the arrival; or
(iii) where the ship is proceeding on an overseas voyage from an
Australian port - before the ship leaves port.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 9
Fees, engagement and discharge
9. For the purposes of section 60 of the Act -
(a) the prescribed fee is $12.50; and
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 10
Certificate of discharge
10. For the purposes of paragraph 61 (a) of the Act, the prescribed form is
Form 5.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 11
Report of seaman's character
11. For the purposes of section 67 of the Act, the prescribed form is -
(a) in the case of a seaman in respect of whom the report is "very good" -
Part II of Form 12; and
(b) in the case of a seaman in respect of whom the report is other than
"very good" - Form 6.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 12
Allotment notes
12. For the purposes of paragraph 70 (3) (a) of the Act, the prescribed form
is Form 7.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 13
Account of wages
13. For the purposes of sub-section 76 (1) of the Act -
(a) the prescribed time is a time at least 2 hours before the seaman is to
be discharged; and
(b) the prescribed form is Form 8.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 14
Release of claims
14. For the purposes of paragraph 80 (a) of the Act, the prescribed form is
-
(a) where the whole crew is being discharged on the termination of the
agreement - Part III of Form 3; and
(b) where a member of the crew is discharged at any other time - Form 9.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 18
Account of wages of seamen etc. left on shore
18. For the purposes of paragraph 148C (1) (a) of the Act, the prescribed
form is Form 10.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 19
Entries in log-book relating to money and effects of deceased seaman or
apprentice
19. For the purposes of section 150 of the Act, the prescribed particulars
with respect to the money or effects of a deceased seaman or apprentice are -
(a) the amount of money; and
(b) the nature and condition of the effects.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 19A
Investment of moneys of deceased seamen
19A. For the purposes of sub-section 156 (3) of the Act, moneys to which
sub-section 156 (1) of the Act applies may be invested -
(a) on deposit with the Commonwealth Savings Bank of Australia, being the
bank continued in existence by the Commonwealth Banks Act 1959; and
(b) in securities issued by the Commonwealth.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 20
Search of ships - signal to heave to
20. For the purposes of paragraph 164 (2) (b) of the Act, the prescribed
manner of signalling is -
(a) by day - the flag signal SO, or L, of the International Code of Signals,
or the letter L of the Morse Code (.-..) communicated by long and short blasts
of a whistle; and
(b) by night - the letter L of the Morse Code (.-..) communicated by long
and short blasts of a whistle or by lamp or torch.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 21
Particulars of crew
21. For the purposes of section 165 of the Act, the prescribed form is Form
11.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 22
Official log-book
22. For the purposes of sub-section 171 (1) of the Act, the prescribed form
is Form 12.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 23
Entries in log-book - sub-section 171 (1) of the Act
23. In addition to the entries required by the Act, and by regulations made
under the Act, to be made in the official log-book, the Master shall make, or
cause to be made, in the official log-book entries relating to each of the
following matters:
(a) a conviction by a legal tribunal of a member of his crew, and the
punishment imposed;
(b) a promotion, including the date of the promotion, the rating to which
the seaman is promoted and any increase in wages consequent on that
promotion;
(c) misconduct on the part of an officer;
(d) where a stowaway is discovered on board - his full name, age and
birthplace, the place where he came aboard and where he is put ashore, and any
proceedings taken against him and the result of those proceedings; and
(e) the events specified in section 268 of the Act.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 24
Signatures to entries in log-book
24. (1) An entry in the official log-book of a ship shall be signed at the
time the entry is made -
(a) by the master; and
(b) by an officer or another member of the crew.
(2) Where there is on board a ship's surgeon, an entry in the official
log-book relating to a death, injury or illness shall also be signed at the
time the entry is made by the ship's surgeon.
(3) An entry in the official log-book relating to the effects of a deceased
seaman or apprentice shall also be signed, at the time the entry is made, by a
third person who shall be a member of the crew other than an officer.
(4) An entry in the official log-book relating to a birth shall also be
signed, as soon as practicable after the entry is made, by the father or
mother of the child and, if another person was present at the birth, by that
person.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 25
Entries relating to births, deaths etc. in log-book
25. (1) For the purposes of paragraph 417 (1) (d) of the Act, the prescribed
form is Form 13.
(2) For the purposes of sub-section 417 (4) of the Act, the prescribed
person is the person for the time being performing the duties of the office of
Secretary to the Department of Transport.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 26
Certificate of service as a seaman
26. Upon application to a Superintendent by a person who has served at sea
and upon payment of a fee of $42, a person authorized by the Minister for the
purposes of this regulation shall issue to the person making the application a
certificate in accordance with Form 14.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 27
Fees
27. (1) Where, upon application by the owner or master of a ship, the
services of officials are provided for work in connexion with the engagement
or discharge of seamen in the circumstances specified in sub-regulation (2),
(3) or (4), a fee for their services as prescribed by whichever of those
subregulations is applicable is payable by the owner or master of the ship.
(2) Where the work is performed on board ship during ordinary official
hours, the charge is in accordance with the following tables:
(a) Engagement of seamen.
__________________________________________________________________________
Number engaged at any one period of attendance
of officials
Fee __________________________________________________________________________
Not exceeding 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Exceeding 30 but not exceeding 60 . . . . . . . . . . . . . . . . . . 192
Exceeding 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
(b) Discharge of seamen.
Number discharged at any one period of attendance
of officials
Fee __________________________________________________________________________
Not exceeding 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Exceeding 30 but not exceeding 60 . . . . . . . . . . . . . . . . . . 192
Exceeding 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
(3) Where the work is performed in a Mercantile Marine Office immediately
before or immediately after ordinary official hours, the fee is one-half of
the amount of the fee prescribed by sub-regulation (2).
(4) Where the work is performed on a Saturday, Sunday or holiday, or before
or after official hours in circumstances other than those specified in
sub-regulation (2) or (3), the fee is that prescribed by sub-regulation (2),
but, if only one official is employed, the fee shall not exceed $279.
(5) Where the services of officials are made available, before or after
ordinary official hours, on a day other than a Saturday, Sunday or holiday for
work other than in connexion with the engagement or discharge of seamen, and
that work is not performed at the same time as the engagement or discharge of
seamen, a fee for their services calculated at the rate of $27 for each hour
or part of an hour in respect of each official made available is payable by
the owner or master of the ship.
(6) Where the services of officials are made available on a Saturday, Sunday
or holiday for work other than in connexion with the engagement or discharge
of seamen, and that work is not performed at the same time as the engagement
or discharge of seamen, a fee for their services calculated at the rate of $55
for each hour or part of an hour in respect of each official made available is
payable by the owner or master of the ship.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 28
Travelling time
28. Where the services of an official are made available for work otherwise
than at a Mercantile Marine Office during ordinary official hours or
immediately before or immediately after ordinary official hours, and the time
necessarily occupied by the official in travelling between the ship and the
Mercantile Marine Office or his place of residence, or between the Mercantile
Marine Office and his place of residence, as the case requires, exceeds a
total time of half an hour, a fee calculated at the rate of $27 for each hour
or part of an hour in respect of the official's travelling time is payable by
the owner or master of the ship in addition to the charge prescribed by
sub-regulation 27 (2), (4), (5) or (6), as the case requires.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 29
Waiting time
29. Where, at the request of the owner or master of a ship, the services of
an official are made available for work to be performed -
(a) on board ship at any time; or
(b) at a Mercantile Marine Office before or after ordinary official hours or
on a Saturday, Sunday or holiday,
and the period of time between the time at which the official was requested to
report for duty and the time at which conditions permit him to commence duty
exceeds half an hour, a fee calculated at the rate of $27 for each hour or
part of an hour is payable by the owner or master in respect of that period.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 30
Postponement fee
30. If the owner or master of a ship gives notice that the services of an
official will be required at a time before or after ordinary official hours,
specified in the notice, and gives a further notice, received less than 4
hours before the specified time, fixing a later time, a postponement fee
calculated at the rate of $27 for each hour or part of an hour in respect of
all time from the time specified in the first notice and the later time fixed
in the later notice or the commencement of ordinary official hours, as the
case may be, is payable by the owner or master.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 31
Cancellation fee
31. If the owner or master of a ship gives notice that the services of an
official will be required at a time, before or after ordinary official hours,
specified in the notice, and gives a further notice, received less than 4
hours before the specified time, cancelling the notice of requirement, a
cancellation fee of $40 is payable by the owner or master.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 32
Postponement and cancellation fees on Saturdays etc.
32. The application of regulations 30 and 31 extends in relation to services
of an official required on a Saturday, Sunday or holiday.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - REG 33
Travelling expenses
33. Where the services of an official are made available otherwise than at a
Mercantile Marine Office, the fee otherwise payable under these Regulations
shall be increased by an amount equal to the travelling expenses incurred by
the official.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - SCHEDULE 1
SCH
SCHEDULE 1
Regulation
2
Statutory Rules 1924, No. 199
Statutory Rules 1925, No. 87
Statutory Rules 1927, No. 48
Statutory Rules 1927, No. 89
Statutory Rules 1929, No. 54
Statutory Rules 1931, No. 142
Statutory Rules 1933, No. 140
Statutory Rules 1935, No. 75
Statutory Rules 1942, No. 30
Statutory Rules 1947, No. 5
Statutory Rules 1951, No. 67
Statutory Rules 1952, No. 115
Statutory Rules 1959, No. 13
Statutory Rules 1959, No. 70.
NAVIGATION (MASTER AND SEAMEN) REGULATIONS - SCHEDULE 2
SCH
SCHEDULE 2
FORM I Regulation 5
Section 34
AUSTRALIA
NAVIGATlON ACT
INDENTURE OF APPRENTICESHIP TO THE SEA SERVICE
THIS INDENTURE between
of
born at on (in this Indenture called "the Apprentice"
of the one part and of
(in this Indenture called "the Master") of the other part WITNESSES:
1. The Apprentice will serve the Master as apprentice for the term of
years months and days from and including the date
of this indenture.
2. The Apprentice will provide for himself clothing and necessaries other
than those mentioned in paragraph 7 of this Indenture.
3. Where the Master, notwithstanding the last preceding paragraph,
provides
the Apprentice with any clothing, the Master may deduct the amount spent on
the clothing from the sums agreed to be paid to the Apprentice under
paragraph 6 of this Indenture.
4. The Apprentice will
(a) faithfully serve the Master;
(b) obey the Master's lawful commands;
(c) keep the Master's secrets;
(d) when required, give to the Master a true account of any goods and
money
of the Master that are in the custody or control of the Apprentice; and
(e) give warning to the Master of any damage likely to be done to the
Master and, if possible, prevent any such damage from being done.
5. The Master will use all proper means to teach the Apprentice or to
cause
him to be taught navigation and seamanship and the business of a seaman and a
ship's deck officer.
6. The Master will pay to the Apprentice the sum of
in the following manner:
7. The Master will supply the Apprentice with sufficient lodging and
sustenance and all necessary surgical and medical advice and treatment,
medicines and dental treatment.
8. The Apprentice will not
(a) do any damage to the Master or consent to any such damage being done;
(b) embezzle, waste, or without permission part with the possession of the
Master's goods; or
(c) absent himself from the Master's service without permission.
9. The Master may, at any time, terminate this Indenture if the
Apprentice-
(a) is convicted of an offence punishable by imprisonment;
(b) is guilty of gross misconduct;
(c) has, by his conduct, clearly demonstrated his inability to comply with
his obligations under this Indenture, or; his unsuitability for further
training as a future ship's deck officer; or
(d) is, or is likely to be, in the opinion of a Medical Inspector of
Seamen, permanently incapacitated for the performance of his obligations
under
this Indenture or for further training as a future ship's deck officer.
10. The Master will not unreasonably refuse his consent to a request in
writing made by the Apprentice, with the written consent of his parent or
guardian, and served on the master within 12 months after the date of this
Indenture that this Indenture be terminated.
(Here insert any other stipulations that are agreed between the
Master and the Apprentice)
I' , the parent or guardian of the Apprentice, hereby
consent to the execution by him of this Indenture,
(Signature of Parent or Guardian)
Signed in my presence
(Superintendent)
Signed, sealed and delivered by the Master this day of ,19
L.S. (Signature of Master)
Signed, sealed and delivered by the Apprentice this day of ,19
L.S. (Signature of Apprentice)
In my presence
(Superintendent)
Registered at the Port of ,this day of ,19
(Superintendent)
FORM 3 Regulation 7 7
AUSTRALIA
NAVIGATION ACT
AGREEMENT AND ACCOUNT OF CREW
No
PART I DESCRIPTION OF SHIP
DESCRIPTION OF VOYAGE...........................................
----------------------------------------------------------------
Particulars of Registration
Official Tonnage
Name of Ship No. Port Date Gross Net
----------------------------------------------------------------
REGISTERED OWNER OR OTHER PERSON FOR WHOM MASTER IS ACTING
------------------------------------------------------------------------
Name Address in full Relationship to Registered Owner
------------------------------------------------------------------------
POSITIONS OF DECK LINES AND LOAD LINES
------------------------------------------------------------------------
Freeboard from deck line Load line
Tropical ...mm. (inches) (T) ...mm (inches) above (S)
Summer ...mm. (inches) (S) Upper edge of line
through centre of ring
Winter ...mm. (inches) (W) ...mm (inches) below (S)
Winter
North Atlantic ...mm. (inches) (WNA) ...mm (inches) below (S)
Timber tropical ...mm. (inches) (LT) ...mm (inches) above (LS)
Timber summer ...mm. (inches) (LS) ...mm (inches) above (S)
Timber winter ...mm. (inches) (LW) ...mm (inches) below (LS)
Timber winter
North Atlantic ...mm. (inches) (LWNA) ...mm (inches) below (LS)
------------------------------------------------------------------------
Allowance for fresh water for all freeboards other than timber...mm.
(inches). For timber freeboards...mm. (inches).
The upper edge of the deck line from which these freeboards are measured
is...mm. (inches)..... deck at side.
Maximum draught of water in summer... decimetres (feet........inches).
PART II-TERMS OF AGREEMENT
THlS AGREEMENT between the master of the ship described above and each
seaman who signs this Agreement WITNESSES:
1. Each seaman shall serve on board the ship on a voyage from voyages
2. Each seaman will conduct himself in an orderly, faithful, honest and
sober manner, and will be at all times diligent in his duties and obedient to
the law ful commands of his superior officers and the master, or person who
awfully succeeds the master, in everything relating to the ship, her stores
and cargo whether on board, in boats or on shore.
3. Each seaman will assist each other seaman in the general duties of the
ship and will perform cargo, coal and ballast duties if required, but while
in port will not be required to perform those duties except as provided by
law.
4. Subject to any industrial award or agreement that is applicable, the
master will pay to a seaman wages at the rate specified in relation to that
seaman.
5. The master may, if a seaman has specified a capacity for which he is
incompetent, disrate the Seamen
6. If a seaman considers himself aggrieved by a breach of this Agreement
or
otherwise, he may bring the matter to the attention of the master or officer
in charge of the ship in a quiet and orderly manner and the master or officer
will thereupon take such action as the case requires.
7A. A seaman who is temporarily absent from the ship in accordance with
the
terms of an award or agreement relating to his service as a seaman shall
cease
temporarily to be a member of the crew of the ship.
7B. A seaman who ceases temporarily to be a member of the crew of the ship
by virtue of paragraph 7A
(a) shall, as soon as practicable, leave the ship; and
(b) shall rejoin the ship in the manner, and at the time and place,
directed by the master or owner.
7C. Where a seaman, without reasonable cause, refuses or fails to rejoin a
ship in accordance with a direction given in pursuance of paragraph 7B, the
master shall report the fact to a superintendent.
8. If a seaman commits any embezzlement or wilful or negligent destruction
of any part of the ship's cargo or stores, the loss may be made good to the
owner out of the seaman's wages.
9. This Agreement does not derogate from the provisions of the Navigation
Act 1912 or the Regulations in force from time to time under that Act and is
subject to those provisions,
(Here include any lawful provisions agreed upon by the master and seaman
and approved by a superintendent)
IN WITNESS WHEREOF the master has subscribed his name this
day of , 19 (Signature of Master)
Signed by the Master in my presence.
(Signature of Superintendent)
Each of the several persons described below who has subscribed his
signature hereunder hereby agrees to serve, in accordance with this
Agreement,
on board the ship described in Part I of this Agreement.
(Here make provision for the signature of each seaman, for attestation by the
superintendent and the following particulars in relation to each seaman:
Proper return port.
Year of birth.
Place of birth.
Nationality.
Home address.
Ship in which seaman last served
(a) name of ship
(b) date of discharge.
Capacity in which engaged.
Nos. of certificates (if any).
Date and hour to be on board.
Wages.
Allotment.
Date of signing.
Place of signing.
Seaman's Reference No. in the Agreement.)
PART III-DlSCHARGES AND RELEASES
------------------------------------------------------------------------------
- Release
Each of the seamen whose
Particulars of Discharge signature appears below hereby
Death, Disappearance or releases the ship, the Master
Desertion and the owner (or the Master's
--------------------------- employer) from all claims for
Causing of Balance of wages and otherwise in respect
Leaving Wages paid of this Agreement expect Seaman's
R Date Place Ship on Discharge to the extent indicated below No.in
Agr
------------------------------------------------------------------------------
- ------------------------------------------------------------------------
I, the Master, hereby release each of the seamen whose signature appears
above from all claims under this Agreement.
Dated this day of ,19
Signature of Master
Signed by the Master, and each seaman who has signed a release, in my
presence.
Signature of Proper Authority
PART IIIA-DETAlLS OF, AND DETAILS OF CHANGES IN, THE CREW
------------------------------------------------------------------------
Seaman's Date and place Date and place
reference became a ceased to be a
number in Name of member of the member of the
Part II seaman crew Attestation crew Reason Attestation
------------------------------------------------------------------------
PART IV-ACCOUNT OF YOUNG PERSONS UNDER 18 YEARS OF AGE, OTHER
THAN APPRENTICES, EMPLOYED ON BOARD
------------------------------------------------------------------------
Date of Voyage
Name in Full Date of Birth Capacity for the Voyage
------------------------------------------------------------------------
PART V-ACCOUNT OF APPRENTICES
------------------------------------------------------------------------
Nationality
(state whether Date and Place
Date and Place natural-born or of execution
Name in Full of Birth naturalized) of indentures
------------------------------------------------------------------------
------------------------------------------------------------------------
Date of joining ship for Particulars of leaving ship
the voyage Date Place Cause
------------------------------------------------------------------------
PART Vl-CERTIFICATES
(Here make provision for the insertion of certificates and indorsements
required by law to be made by a proper authority upon the articles of
agreement
FORM 4 Regulations 8 and 8B
COMMONWEALTH OF AUSTRALIA
Navigation Act 1912
REPORT OF CHANGES IN CREW THAT HAVE TAKEN PLACE OTHERWISE THAN IN THE
PRESENCE OF A PROPER AUTHORITY
-----------------------------------------------------------------------
Name of Ship Home port
Description of voyages Date and place of
signing agreement
------------------------------------------------------------------------
PART I-SEAMEN WHO FAlL TO JOIN THE SHIP OR WHOSE SERVICES WERE
LOST WITHIN 24 HOURS BEFORE THE SHIP PUT TO SEA
------------------------------------------------------------------------
Reference Proper Name Year Place
No. in return of of of
agreement port seaman birth birth Nationality
------------------------------------------------------------------------
Date and
Date and Place of
Place of Capacity Nos.of failure to Reason for
Home signing in which certificates join or loss loss of
address agreement engaged (if any) of services services
------------------------------------------------------------------------
PART II-SUBSTITUTE ENGAGED
------------------------------------------------------------------------
Reference Proper Name Year place
No. in return of of of
agreement port seaman birth birth Nationality
------------------------------------------------------------------------
Date and
place of Capacity Nos. of Date of
Home signing in which certificates hour to be
address agreement engaged (if any) on board
------------------------------------------------------------------------
PART III-SEAMEN WHO HAVE BECOME MEMBERS OF THE CREW
------------------------------------------------------------------------
Reference Name Date
No.in of became
agreement seaman Capacity member port
------------------------------------------------------------------------
PART IV-SEAMEN WHO HAVE CEASED TO BE MEMBERS OF THE CREW
Reference Name Date Reason
No. in of became for
agreement seamen Capacity member Port Cessation
-----------------------------------------------------------------------
TOTAL COMPLEMENT OF SHIP
Dated this day of 19
(Signature of Master)
FORM 5 Regulation 10
Section 61
AUSTRALIA
NAVIGATION ACT
CERTIFICATE OF DISCHARGE
------------------------------------------------------------------------
Official Home Tonnage Description
Name of Ship No. port Gross Net of Voyage
------------------------------------------------------------------------
Signature of Seaman........................................
------------------------------------------------------------------------
Capacity and Nos. of
Name of Seaman Year of Birth Place of Birth Certificates (if any)
------------------------------------------------------------------------
------------------------------------------------------------------------
Date of Place of
Date of Engagement Place of Engagement Discharge Discharge
------------------------------------------------------------------------
------------------------------------------------------------------------
Total Sea Service
------------------------------------------------------------------------
Date became member Date ceased to be
of crew of ship member of crew of ship
------------------------------------------------------------------------
I certify that the entries in this certificate are correct.
Signed this day of 19
(Signature of Master)
in my presence.
(Signature of Superintendent)
Regulation 11
Section 67
FORM 6
AUSTRALIA
NAVIGATION ACT
MASTER'S REPORT OF CONDUCT, CHARACTER AND QUALIFlCATIONS
Name of Ship
Official
----------------------------------------------------------------------
Qualifications
Reference Efficiency as a
No. in Character and Boathand (Where
Agreement Name of Seamen Conduct General applicable
------------------------------------------------------------------------
--------------------------------------------------------
Dated this day ,19
(Signature of Master)
FORM 7 Regulation 12
Section 70(3)
AUSTRALlA
NAVIGATION ACT
SEAMAN'S ALLOTMENT NOTE
------------------------------------------------------------------------
Home Description
Name of Ship Official No. Port of Voyage
------------------------------------------------------------------------
Name of Seaman.......................
Rating.................................
1. PARTICULARS OF PAYEE (or) l. NAME OF BANK
Name Branch to which payment is to be made
Address
Relationship to Seaman
2. AMOUNT OF EACH ALLOTMENT
3. DATE OF FIRST PAYMENT
4. PERIOD BETWEEN SUBSEQUENT PAYMENTS
I, the abovenamed seaman, hereby make the above stipulations for the
allotment and payment of portion of my wages as a seaman.
Dated this day of 19
(Signature of Seaman)
I will pay that portion of the seaman's wage specified above in accordance
with the stipulations set out above.
Dated this day of 19
(Signature of Master)
FORM 8 Regulation 13
Section 76
AUSTRALIA
NAVIGATION ACT
ACCOUNT OF WAGES
Name of Ship
Name of seaman
Reference No. in Agreement
Rating
Number of Dependants
STATEMENT OF EARNINGS-
Wages-
Date wages began
Date Wages Ceased
$ $
..... weeks week ......
.... months at $ per month
.... days at $ per day ...... .....
.... weeks week ......
.... months at $ per month
.... days at $ per day ...... .....
Other earnings . . . . . . . . . . . . . . . . . . . ..........
Total earnings . . . . . . . . . . . . . . . . ............
STATEMENT OF DEDUCTIONS- $
Allotments . . . . . . . . . . . . . . . . . . .
Half engagement and discharge fees. . . . . . . . .
Fines . . . . . . . . . . . . . . . . . . . . . . .
Forfeitures . . . . . . . . . . . . . . . . . . . .
PAYMENTS-
------------------------------------------------------------------
Tax Amount of
Date Port Deduction Payment Total
------------------------------------------------------------------
------------------------------------------------------------------
Total deductions
RECONCILIATION- $ ......
Total earnings . . . . . . . . . . . . . . . . . .
Total deductions . . . . . . . . . . . . . . . . .
......
Balance. . . . . . . . . . . . . . . . . . . . . .
Tax payable on balance . . . . . . . . . . . . . .
......
Amount payable on discharge. . . . . . . . . . . .
......
The above statement is a correct account of earnings and deductions of the
above-named seaman.
(Signature of Master)
Date (Signature of Seaman)
FORM 9 Regulation 14
Section 80
AUSTRALIA
NAVIGATION ACT
RELEASE ON TERMINATION OF SERVICE
(For crew members discharged otherwise than on termination of Agreement)
------------------------------------------------------------------------
Name of Ship Official No. Description of Voyage
Agreement Signed
Name of Owner or Person ----------------------
Name of Master for whom Master acts On At
-----------------------------------------------------------------------
Each of the seamen whose signature appears below hereby releases the ship,
the master and the owner from all claims for wages and otherwise arising out
of the abovementioned his employer Agreement except to the extent indicated
below.
------------------------------------------------------------------------
Date of Balance of Signature of Reference No.
Discharge Wages Paid Exceptions Seamen in Agreement
------------------------------------------------------------------------
I, the Master, hereby release each of the seamen whose signature appears
above from all claims under the abovementioned Agreement.
Dated this day of 19
(Signature of Master)
Signed by the Master and each seaman who has signed this Release, in my
prese Port of............. .....................................
(Signature of Proper Authority)
FORM 10 Regulation 18
Section 148C
AUSTRALIA
NAVIGATION ACT
ACCOUNT OF WAGES OF SEAMAN OR APPRENTICE LEFT ON SHORE
Name of Ship
Name of Seaman or Apprentice
Reference No. in Agreement
Rating
Number of Dependants
STATEMENT OF EARNINGS-
Wages
Date Wages began
Date Wages Ceased
$ $
..... Weeks week ------
..... months at $ per month
..... days at $ per day ------ ------
..... weeks week ------
..... month at $ per month
..... days at $ per day ----- ------
Other earnings . . . . . . . . . . . . . . -------
Total earnigs. . . . . . . . . . . . . -------
STATEMENT OF DEDUCTIONS- $
Allotments. . . . . . . . . . . . . . . . . .
Half engagment and discharge fees . . . . . .
Fines . . . . . . . . . . . . . . . . . . . .
Forfeituers . . . . . . . . . . . . . . . . .
PAYMENTS-
----------------------------------------------
Tax Amount of
Date Port Deductions Payment Total
----------------------------------------------
$
----------------------------------------------------------------------
Total deductions --------
$
RECONCILIATION-
Total earnings . . . . . . . . . . . . . . .
Total deductions . . . . . . . . . . . . . .
---------
Balance. . . . . . . . . . . . . . . . . . .
Tax payable on balance . . . . . . . . . . .
---------
Balance due to Seaman or Apprentice. . . . .
---------
Dated this day of , 19
(Signature of Master)
FORM 11 Regulation 21
Section 165
AUSTRALIA
NAVIGATION ACT
CREW LIST
Page 1
Name of Ship
Official No.
Home Port
Port of Arrival
Commencement of Voyage-
Date
Place
Last Port of Call
I declare that the particulars shown above and on the attached pages,
numbered 2 to (inclusive) are true and correct and that those pages contain
particulars relating to the crew of the ship.
Dated this day of , 19
(Signature of Master)
Pages 2, 3 and.............
Name of Ship.............................
Department...............................
Port at which articles signed............
------------------------------------------------------------------------
Reference Rank Date
No. in or of
Agreement Full Name Rating Birth Place of Birth Nationality
-----------------------------------------------------------------------
FORM 12 Regulations 11 and 12
Sections 71
AUSTRALIA
NAVIGATION ACT
OFFICIAL LOG-BOOK
This log was delivered to me this day of 19
(Signature of Proper Authority)
Port of
PART I-DESCRIPTION OF SHIP
------------------------------------------------------------------------
REGISTERED TONNAGE
Name of Official Home ------------------ Name of
Ship No. Port Gross Net Master
------------------------------------------------------------------------
-----------------------------------------------------------------------
COMMENCEMENT OF
AGREEMENT TERMINATION OF AGREEMENT
--------------------- Description -------------------------
Place Date of Voyage Place Date
------------------------------------------------------------------------
------------------------------------------------------------------------
PART II-LIST OF CREW AND REPORT OF CHARACTER
------------------------------------------------------------------------
REPORT OF CONDUCT,
CHARACTER AND
QUALIFICATIONS
-----------------------------------
Qualifications
-------------------------
Rank Conduct
Reference No. in or and
Agreement Full Name Rating Character General
Efficiency as
Boathand Pages of Log-book
(where Containing any entries
applicable) relating to member Signatures
------------------------------------------------------------------------------
- ------------------------------------------------------------------------
PART III POSITION OF DECK LINES AND LOAD LINES
------------------------------------------------------------------------
Freeboard from deck line Load line
------------------------------------------------------------------------
Tropical ...mm. (inches)(T) ...mm. (inches) above(S)
Summer ...mm. (inches)(S) Upper edge of line
though centre of ring
Winter ...mm. (inches)(W) ...mm. (inches) below (S)
Winter North Atlantic ...mm. (inches)(WNA) ...mm. (inches) below (S)
Timber tropical ...mm. (inches)(ET) ...mm. (inches) above(LS)
Timber Summer ...mm. (inches)(LS) ...mm. (inches) above (S)
Timber winter ...mm. (inches)(LW) ...mm. (inches) below(LS)
Timber winter North
Atlantic ...mm. (inches)(LWNA) ...mm. (inches) below(LS)
------------------------------------------------------------------------
Allowance for fresh water for all freeboards other than timber....mm.
(inches). For timber freeboards.....mm (inches)
The upper edge of the deck line from which these freeboards are measured
is.....mm. (inches).....deck at side
Maximum draught if water in summer.....decimeters(...feet...Inches).
Date of entry...
Signature of master......
PART IV-DEPARTURES AND ARRIVALS
------------------------------------------------------------------------
DEPARTURES
------------------------------------------------------------------------
Actual draught Actual freeboad
of water amidship-
Dock, For
Date and wharf, Density density
hour of place or of of
departure harbour Forward Aft Port Starboard Mean water water
------------------------------------------------------------------------
Allowances-
Mean
For fuel Mean freeboard
and other draught amidship
materials in salt in salt
to be water water
consumed calculated calculated
traversing after after Signatures
inland making making and date
water Total allowances allowances of entry
------------------------------------------------------------------------
Date Dock,
and wharf, Signatures
hour of place or and date
arrival harbour of entry
------------------------------------------------------------------------
PART VI-BIRTHS
------------------------------------------------------------------------
TO BE COMPLETED IN RESPECT OF EACH PARENT
-----------------------------------------
Full name
Place of Date of Name (if any) and (including maiden surname
Birth Birth sex of child of mother
------------------------------------------------------------------------
Father
-----------------------------------------------
Mother
-----------------------------------------------
Father
-----------------------------------------------
Mother
-----------------------------------------------
Father
-----------------------------------------------
Mother
-----------------------------------------------
Last place of
Nationality Brithplace residence Signature and date of entry
PART VII-DEATHS AND DISAPPEARANCES
------------------------------------------------------------------------
Date of Place of Rank
Death or Death or Rating or
Disappearance Disappearance Full Name Sex Age Occupation*
------------------------------------------------------------------------
Home address
as set out in Signatures
Agreement or last Cause of Death or and date of
Nationality Birthplace place of residence Disappearance entry
-----------------------------------------------------------------------
------------------------------------------------------------------------
-----------------------------------------
*If deceased was an infant, state the full name of the father and his
occupation, or, if the infant was illegitimate, the full name of the mother.
------------------------------------------------------------------------
PART VIII-INJURIES AND ILLNESSES OF MEMBERS OF THE CREW
INCAPACITATING THEM FROM DUTY
------------------------------------------------------------------------
Home
Place of Date of Address as
Injury or Injury or Full set out in Rank or
Illness Illness Name Agreement Sex Age Rating Nationality
------------------------------------------------------------------------
Nature of
Illness or
cause and Particulars of Period of Signatures
nature of treatment Estimated and date
Birthplace Injury given on board Period of Incapcity of entry
-----------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
PART IX-BOAT AND FIRE MUSTERS, BOAT, COLLISION, FIRE AND ROCKET
DRILLS AND EXAMINATION OF LIFE-SAVING AND FIRE APPLIANCES
------------------------------------------------------------------------
Date of Muster, Drill or Nature of Muster or Drill
Examination (a) Place (b) held (c)
------------------------------------------------------------------------
Number of Crew and
Passengers attending, taking part Particulars of Fire
in or observing (d) Appliances tested
------------------------------------------------------------------------
BOAT DRILLS
------------------------------------------------------------------------
Exercise of Crew in handing
and propelling Boats
Boats prepared ---------------------------
for swinging Boats Boats lowered Duration of
out (e) Swung out (e) into water (e) exercise
------------------------------------------------------------------------
LIFE RAFT DRILLS
------------------------------------------------------------------------
Equipment used Remarks(f) Date of entry Signatures
------------------------------------------------------------------------
(a) If passenger muster, give time also. (b) If in port,state name of port,
if at sea, so state. (c) State whether boat or fire muster; boat, collision,
fire o r rocket drill. (d) State number of crew and passengers separately.
(e)
Give the distinguishing letter and number of each boat used. (f) Include
other
general information relating to the muster of drill.
PART X-RECORD OF INSPECTIONS OF CREW ACCOMMODATION
------------------------------------------------------------------------
Particulars of persons making the Particulars of Cases
Inspection where Accommodation
------------------------------- does not comply
Date Time Name Rank Name Ranking with the Regulations
------------------------------------------------------------------------
Signatures and Date
of Entry
------------------------------------------------------------------------
PART XI ENTRIES (OTHER THAN THOSE REFERRED TO IN PARTS I TO X)
REQUIRED BY LAW TO BE MADE
---------
FORM 13 Regulation 25
Sections
AUSTRALIA
NAVIGATION ACT
REPORT OF THE MASTER OF AN OCCURRENCE REFERRED TO IN SECTION
417
In accordance with sub-section 417 (1) of the Navigation Act 1912, I
hereby
furnish, as a report on an occurrence to which that sub-section applies, a
copy of the entry made in the official log-book with respect to the
occurrence.
Dates this day of ,19
(Signature of Master)
Name of Ship
To the Proper Authority
at the Port of
FORM 14 Regulation 26
Section 425 (g)
AUSTRALIA
NAVIGATION ACT
CERTIFICATE OF SEAMAN'S SERVICE AT SEA
I certify that (whose year of birth is approximately 19 )
appears from official records to have served in the ships specified in the
following table in the capacities, and during the periods, so specified.
------------------------------------------------------------------------
Capacity
in which
Name of Official Home Seaman Date Date Description
Ship No. Port Served Engaged Discharged of Voyage
-----------------------------------------------------------------------
------------------------------------------------------------------------
-----------------------------------------
Dated this day of 19
Signature of Authorized Person
Specimen signature of seaman...........
|