Navigation (Distressed Seamen) Regulations

STATUTORY RULES

1967 No. 89

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REGULATIONS UNDER THE NAVIGATION ACT 1912-1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1966.

Dated this thirteenth day of June, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

(Sgd.) GORDON FREETH

Minister of State for Shipping and Transport.

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Navigation (Distressed Seamen) Regulations

Citation.

1. These Regulations may be cited as the Navigation (Distressed Seamen) Regulations.

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 1912-1966.

(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.

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* Notified in the Commonwealth Gazette on                                                       1967.

14664/65.—Price 15c 9/31.5.1967

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.

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.

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.

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.

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.

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.

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.

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.

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 British ship or, if a passage can not be arranged on a British 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.

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.

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.

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.

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.

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.

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.

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 to a person not being a British subject—

(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.

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.

THE SCHEDULE—continued

Form 1—continued

2. Particulars of service on last ship on which seaman served.

          3. Application by seaman.

*maintenance

I apply for *relief

*a passage to my proper return port

             Dated this day of ,19    .

................................................................................ (Seaman)

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* 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

     * discharged from

being  * left behind from my ship at

     * shipwrecked in

I am still in distress.

I was discharged

or

                                                     * desertion.

I was left behind by reason of * 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..................................

................................................................................................................................................................................................................................................................................................

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* Strike out whichever is inapplicable

† Insert any other reason not specified in the preceding paragraph

‡ Strike out if not required

THE SCHEDULE—continued

Form 2—continued

I have since been employed at...................... as....................................................................

................................................................................................................................................

I declare that the particulars contained in this Declaration and in my Application

for *relief/*repatriation are true.

...................................... (Seaman)

Signed before me at............................ this.......................................................................

day of....................................... 19    .

........................................ (Proper authority)

…………........................................... (Title)

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* 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 Port of Registry

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.

2. Particulars of ship on which the seaman was employed immediately before he became a distressed seaman.

THE SCHEDULE—continued

Form 3—continued

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.

* If no wages paid, state “none”

† If no deductions made, slate “none”

5. Particulars of expenses incurred by proper authority in respect of the seaman.

Dated this day of ,19     .

..........................................(Proper authority)

................................................(Title)

Endorsements (if any).

THE SCHEDULE—continued

Form 4

Regulations 9 and 10.

Commonwealth of Australia

Navigation (Distressed Seamen) Regulations

DECLARATION BY MASTER

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.........................................................................

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* Strike out or complete as required

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra