Federal Register of Legislation - Australian Government

Primary content

Navigation Act 1912

Act No. 4 of 1913 as amended, taking into account amendments up to Act No. 28 of 2005
An Act relating to Navigation and Shipping
Administered by: DOTARS
Registered 18 Apr 2005
Start Date 18 Apr 2005
End Date 26 Mar 2006
Date of repeal 01 Jul 2013
Repealed by Navigation (Consequential Amendments) Act 2012
Table of contents.
Skip Navigation Links.
Collapse Volume 1Volume 1
Part I—Introductory
1 Short title [see Note 1]
2 Application of Act
2A Act to bind the Crown
3 Act does not apply to naval ships etc.
4 Application of provisions relating to steam‑ships
5 Application of the Criminal Code
6 Interpretation
6A Answering questions
6B Desertion
6C Incompetency and misconduct of officers
6D Taking of ships to sea
6E Proper return port
7 Definition of coasting trade
7A Ships registered in Australia
8 Off‑shore industry fixed structures, mobile units and vessels
8A Off‑shore industry vessels to which Act applies
8AA Declaration that Act applies in relation to trading ships engaging in intra‑state trade
8AB Declarations that Act applies in relation to fishing fleet support vessels on inter‑state or intra‑state voyages
8B Ships imported into Australia deemed to be registered in Australia
9 Delegation
Part II—Masters and seamen
Division 1—General
9A Interpretation
10 Application of Part
Division 2—Superintendents
13 Superintendents
Division 2A—The manning of ships
14 Minimum complement of ships
Division 3—Qualifications of masters, officers and seamen
15 Regulations with respect to qualifications of masters, officers and seamen
16 Unqualified person performing duties of master, officer or seaman
17 Certificates to be produced
Division 4—Supplying seamen
32 Penalty for receiving fees for supply of seamen
Division 7—Crew work in port
45 Employment of crew in loading and unloading
Division 8—Engagement of seamen
46 Engagement of seamen
47 Persons unsuitable for engagement
48 Report of circumstances rendering person unsuitable for engagement
48A Minimum age for employment at sea
50 Period of agreements
52 Owner or master to furnish details of crew of ship
53 Copy of agreement to be posted up
54 Agr eements to be delivered to proper authority
55 Erasures and alterations
56 Offences
57 Evidence as to agreement
59 Obligation as to seaworthiness
59A Abolition of defence of common employment
59B Shipowner not entitled to limit liability in respect of certain claims
Division 9—Discharge of seamen
61 Provision of discharges to seamen
62A Discharge of seamen outside Australia
63 False discharges
68 Offences in relation to certificates of discharge
Division 10—Seamen’s wages
70 Allotment of seaman’s wages
71 Right to sue upon allotment notes
72 Commencement of payment
73 Allotment to banks
75 Payment of wages on discharge
75A Computation of wages
76 Account of wages on discharge
77 Time for payment of wages
78 Wages to run on in certain cases
81 Reference of differences to superintendent
82 Commencement of right to wages
83 Recovery of wages
84 Wages not to be dependent on the earning of freight
85 Right to conveyance and wages in case of termination of services by wreck or loss
88 Compensation for premature discharge
91 Jurisdiction as to wages
93 Wages not recoverable abroad in certain cases
94 Master’s remedies for wages
Division 12—Discipline
99 Conduct likely to result in danger to ship or life
101 Smuggling by crew
104 Stowaways and distressed seamen
110 Return of foreign‑going seaman to ship
113 Questions as to deductions
Division 13—Provisions
116 Bad provisions or water
117 Provisions adequate for voyage
117A Adequate food catering facilities to be provided
119 Weights and measures
120 Inspection of provisions and water
122 Disposal of bad provisions
Division 14—Health
123 Medical Inspectors of Seamen
124 Medical examination of masters and seamen
125 Medicines etc. to be carried on ships
126 Inspection of medicines
127 Owner liable for medical attendance etc.
128 Recovery of expenses from owner
132 Wages of seaman left on shore sick or injured
132A Security for expenses and wages of seaman left behind
132B Seaman left on shore to furnish address and to report for medical examination
133 Medical practitioners and first aid attendants
134 Regulations to give effect to the Medical Examination (Seafarers) Convention 1946
Division 15—Accommodation
135 Application of Division
136 Regulations relating to accommodation
137 Provision of ventilation and wheel‑houses
138 Crew accommodation
138A Ships not to go to sea without required accommodation
138B Interpretation
Division 16—Protection of seamen
139 Facilities for making complaints etc.
140 Assignment of salvage
145 Persons unlawfully boarding, or remaining on board, ships
147 Exemptions from serving on jury
148 Rescission of contract
148A Seaman not to be wrongfully left behind
148C Wages and effects of seaman left behind
148D Wages and effects to be held in trust
Division 17—Property of deceased seamen
149 Interpretation
150 Master to take charge of money and effects
151 Death of seamen abroad
152 Penalty for not accounting for effects
153 Effects of deceased seaman not left on board
154 Recovery of wages of seaman lost with ship
155 Property of deceased seaman to be delivered to superintendent
155A Transmission of money and effects to Authority
156 Right of Authority to dispose of effects of deceased seaman
157 Wills of deceased seamen
158 Creditors’ claims
158A Sale of effects etc. by auction
159 Disposal of effects when no claim
160 Giving false evidence in connection with deceased seamen’s property
Division 18—Relief to seamen’s families
161 Relief of families by public institutions
162 Reimbursement of institutions
163 Interpretation
163A Regulations may make provision for relief and maintenance of distressed seamen
Division 20—The master
164 All ships may be searched
167 Agreement to be produced
168 Documents to be handed over to master’s successor
Division 21—The log
171 Official log‑book
172 Offences in relation to official log‑book
172A Report of matters recorded in official log‑book
173 Delivery of official log‑book
174 Transmission of log‑book to superintendent
Part III—Foreign seamen
177 Definition of seaman
178 Apprehension of seaman
180 Return to ship
183 Proceedings at instance of consul only
184 Proof of agreement
185 Expenses to be paid by consul
186 Expenses of returning foreign seamen left behind
Part IIIA—Pilotage
186A Application of Part
186B Definitions
186C Qualifications of pilots etc.
186D Regulations may make other provisions relating to pilotage etc.
186E Unqualified person performing duties of licensed pilot
186F Abuse of alcohol and other drugs
Part IV—Ships and shipping
Division 1—General
187 Application of Part
187AA Issue of certificates in respect of ships to which this Act does not apply
187A Interpretation
187B Declaration of countries to which the Safety Convention applies
187BA Approval of classification certificates
187C When ships deemed to be overloaded
187D Certificate by Minister as to amendments of the Load Line Convention
187E Certificate by Minister as to amendments of the Safety Convention etc.
188 Exemptions
189 All ships liable to survey and inspection
190 Appointment of surveyors
190AA Powers of inspection of surveyors
190AB
190A Alterations etc. of ships and cancellation of certificates
190B Regulations relating to construction, surveys etc.
191 Regulations to give effect to Safety Convention
191B Offences with respect to subdivision load line marks
192A Detention of ships not registered in Australia
192B Stability information
192C Nuclear ships
Division 2—Surveys of steamships and survey certificates
193 Steamships to be surveyed periodically
194 Surveyors’ reports and declarations, and issue of certificates
195 Duration and extension of certificates
195A Cancellation of certificates if ship ceases to be registered in Australia
196 Certificates to be made available for examination
202 Overcrowding steamships
203 Alteration of certificates with respect to number of passengers
204 Inspection of ships exempt from survey
204A Non‑application to certain ships
206 Operation of watertight doors etc.
Division 2A—Sailing ships
206B Application of Division 2 to sailing ships
Division 2B—Issue of safety certificates
206C Interpretation
206D Passenger steamships—safety certificates
206E Cargo steamships—safety construction certificates
206F Cargo steamships—safety equipment certificates
206G Cargo steamships—safety radio certificates
206GA Cargo steamships—safety certificates
206H Exemptions
206J Nuclear passenger ships—safety certificates
206K Nuclear cargo ships—safety certificates
206L Authority may request Safety Convention countries to issue certificates
206M Safety Convention countries may request Authority to issue certificates
206N Duration of certificates
206P Extension of certificates
206PA Cancellation of certificates if ship ceases to be registered in Australia
206Q Certificates to be made available for examination
Division 2C—Survey and safety certificates required for ships
206R Interpretation
206S Certificates required for Australian passenger steamships
206T Certificates required for Australian cargo steamships
206U Certificates required for Australian nuclear ships
206V Certificates required for non‑Safety Convention ships not registered in Australia
206W Production of certificates
Division 3—Unseaworthy and substandard ships
207 Definition of seaworthy
207A Substandard ships
208 Sending unseaworthy ship to sea
209 Seaman may claim discharge from unseaworthy or substandard ship
210 Detention of unseaworthy and substandard ships
211 Costs of detention
212 Taking detained ship to sea
213 Security for costs
214 Circumstances where complainant liable for costs of detention
Division 4—Life‑saving appliances and fire protection
215 Regulations may make provision in relation to life‑saving and fire prevention
216A Modification of certificates in respect of life‑saving appliances
217 Offences as to appliances
Division 5—Load lines
218 Interpretation
219 Declaration of Load Line Convention countries
220 Load line regulations
221 Exemptions
222 Issue of load line certificates
223 Issue of exemption certificates
224 Duration, extension and cancellation of certificates
225 Particulars in certificate to be entered in log‑book
226 Authority may issue certificate at request of Load Line Convention country
227 Authority may request Load Line Convention country to issue certificates
227A Ships not to proceed to sea without load line certificates
227B Ships not to be overloaded
227C Detention of ships incorrectly marked
227D Offences with respect to marks
227E Inspection of non‑Australian Load Line Convention ships
Division 6—Signals of distress
228 Ships to be furnished with distress signals
229 Signals of distress and urgency
230 Compensation for loss occasioned by improper use of signals
Division 6A—Radio equipment
231 Application of Division
231A Ships to be equipped with radio installations and radio navigational aids
231B Radio operators
231C Maintenance and use of radio equipment and radio services
231D Deficiency in number of operators on Safety Convention ships
231E Log‑books
Division 7—Compasses
232 Regulations
233 Ships not to be taken to sea without proper compasses
234 Ship unseaworthy if not equipped with proper compasses
Division 8—Musters, drills and checks and tests of machinery and equipment
235 Musters and drills
236 Machinery and equipment checks and tests
Division 9—Containers
237 Interpretation
238 Declaration of countries to which the Container Convention applies
239 Certificate by Minister as to amendments of the Container Convention
240 Regulations to give effect to the Container Convention
241 Safety requirements and tests not required or permitted by the Container Convention not to be imposed
Division 10—Dangerous goods, livestock, grain, deck and other cargoes
248 Definition of dangerous goods
249 Shipping of dangerous goods
250 Powers of owner or master as to dangerous goods
251 Right to decline to sail in ships carrying dangerous goods
252 Forfeiture of dangerous goods
253 False descriptions
253A Carriage of dangerous goods
254 Prohibition on carriage of cargo
255 Notice of intention to ship
257 Stowing and carriage of cargo
Division 11—Collisions, loss and damage
258 Collisions, lights and signals
258AA Certificate by Minister as to amendments of the Prevention of Collisions Convention
258A Careful navigation near ice
259 Rule as to division of loss
260 Damages for personal injuries
261 Right of contribution
261A Application of sections 259, 260 and 261 to naval ships
263 Abolition of statutory presumption of fault
264 Master to render assistance and abolition of statutory presumption of fault
265 Obligation to render assistance
265A Liability of charterers etc.
Division 12—Ships carrying or using oil
266 Interpretation
267 Application of Division
267A Regulations to give effect to certain Regulations of Annex I
267B Ship construction certificates
267C International Oil Pollution Prevention Certificates
267D Alteration etc. o f construction of ships and cancellation of certificates
267E Ships to be surveyed periodically
267F Cancellation of certificate if ship ceases to be registered etc.
267G Certificates required for Australian ships
267H Certificates to be carried on board Australian ships
267J Production of certificates
267K Directions in relation to foreign ships
Division 12A—Ships carrying noxious liquid substances in bulk
267M Interpretation
267N Application of Division
267P Regulations to give effect to Regulation 13 of Annex II
267Q Chemical tanker construction certificates
267R International Pollution Prevention Certificates for the Carriage of Noxious Liquid Substances in Bulk
267S Alteration etc. of construction of ships and cancellation of certificates
267T Ships to be surveyed periodically
267U Cancellation of certificate if ship ceases to be an Australian ship
267V Certificates required for Australian ships
267W Certificates to be carried on board Australian ships
267X Production of certificates
267Y Directions in relation to foreign ships
Division 12B—Ships carrying packaged harmful substances
267ZA Interpretation
267ZB Application of Division
267ZC Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III
Division 12C—Sewage
267ZD Interpretation
267ZE Application of Division
267ZF Regulations to give effect to Regulations 4, 9 and 10 of Annex IV
267ZG International Sewage Pollution Prevention Certificates for Australian ships
267ZH International Sewage Pollution Prevention Certificates for foreign ships
267ZJ Alteration etc. of construction of ships and cancellation of certificates
267ZK Ships to be surveyed periodically
267ZL Cancellation of sewage certificate if ship ceases to be an Australian ship
267ZM Certificates required for Australian ships
267ZN Certificates to be carried on board Australian ships
267ZP Production of certificates
267ZQ Directions in relation to foreign ships
267ZS Operation of Division
Division 13—Report of accidents and of dangers to navigation
268 Accidents etc. to be reported
269 N otification of loss of ships
269A Report of dangers to navigation
Division 14—Reports of movements of ships
269B Interpretation
269C Objects of Division
269D Extension to Territories
269E Prescribed area
269F Sailing plan
269G Cancellation of sailing plan
269H Position report
269J Final report and report of leaving prescribed area
269K Ships entering the prescribed area
269L Exemption
269N Offences
Part V—Passengers
270 Regulations as to passenger trade
272 Provision for passengers wrecked
273 Assurances in connection with passages
274 Responsibility of owner to other persons
275 Passenger landed elsewhere than at destination
276 Right of action by passenger
278 Obstructing ship or machinery
279 Power to exclude certain persons
280 Taking passage for lunatic, or sending lunatic on board
281 Offences on ships by disorderly persons
282 Offences by passengers
Part VA—Special purpose ships and special personnel
283 Interpretation
283A Power to make regulations
283B Special personnel not passengers
Part VB—Off‑shore industry vessels and off‑shore industry mobile units
283C Extension to prescribed Territories
283D Regulations with respect to off‑shore industry vessels
283E Regulations with respect to off‑shore industry mobile units
283F Directions with respect to off‑shore industry mobile units
283G Off‑shore industry vessels and mobile units not registered in Australia deemed to be registered in Australia
283H Personnel of off‑shore industry vessels and mobile units not passengers
283J Notices by Minister as to International Maritime Organization resolutions
283K Regulations, orders and directions inconsistent with Petroleum (Submerged Lands) Act 1967 etc.
Part VI—The coasting trade
284 Application of Part
286 Permits to unlicensed ships
287 Ships in receipt of subsidies
288 Licensing of ships to engage in coasting trade
289 Payment of Australian rates of wages
290 Indorsement of rate of wages on agreement
291 Seamen’s rights not affected by agreement
292 Evidence of rates of wages
293 Responsibility of master, owner and agent for compliance with Act
293A Power to suspend provisions as to coasting trade
Part VII—Wrecks and salvage
Division 1—Interpretation
294 Interpretation
295 Powers of Customs reserved
295A Certain provisions of Part not applicable to historic wrecks
295B Certain provisions of Part not applicable to certain wrecks
Division 2—Wreck
296 Receiver where ship in distress
297 Powers of receiver to require assistance
298 Power to pass over private land to assist at wreck
299 Power of receiver to suppress plunder and disorder by force
300 Exercise of powers when receiver absent
301 Examination on oath as to wrecks
302 Finding or taking possession of wreck
303 Penalty for retaining possession of wreck
304 Notice to be posted in Customs‑house
305 Claim of owner to wreck
306 Sale of wreck by receiver
307 Expenses connected with wreck
308 Right of Commonwealth
309 Sale of unclaimed wreck by receiver
310 Discharge of receiver from liability
311 Disputes as to title to wreck
312 Taking wreck out of Australia
313 Boarding ship in distress without authority
314 Offences as to wreck
314A Removal of wrecks on or near coast
Division 3—Salvage
316 Application of this Division
317 Application of section 2 to this Division
317A Assistance to persons in danger at sea
329B Salvage claims against the Crown [see Note 2]
329C Salvage claims by the Crown
Part VIII—Exclusion of shipowners’ liability
Division 2—Exclusion of liability
338 Ship owner not to be liable in certain cases of loss of, or damage to, goods
Part IXA—Review of decisions
377B Decisions under Part I
377C Decisions under Part II
377D Principal decisions under Part IV in relation to certificates and exemptions
377E Other decisions under Division 1 of Part IV
377F Other decisions under Division 3 of Part IV
377G Other decisions under Divisions 4, 5, 6A and 10 of Part IV
377H Other decisions under Divisions 12, 12A and 12C of Part IV
377J Decisions under Part VB
377K Decisions under Part XA
377L Decisions under Part XI
377M Statements to accompany notices
Part X—Legal proceedings
Division 1—Jurisdiction
378 Place where deemed to have been committed
379 Presumption of jurisdiction
380 Jurisdiction over ships lying off coast
384 Action against official
Division 2—Offences
385 Definitions
386 General offences
386A Impairment of person’s capacity to carry out duties as master or seaman
386B Unacceptable blood alcohol content
386C Master or seaman may be required to undergo examination or to provide samples
386D Refusal to provide sample of breath for analysis
386E Refusal to submit to medical examination
386F Consumption of alcohol before undergoing examination etc.
386G Medical drugs
386H Permitting or requiring performance of duties by impaired person
386J Regulations
387 Hindering or interfering with masters or officers
387A Persuading or inciting breach of agreement
388 Being on board a ship unlawfully
389 False declarations etc.
389A Offences in connection with c ertificates
391 Beneficial owners subject to pecuniary penalties
Division 3—Prosecution and penalties
395A Proceedings against Corporations
396 Limitation of actions
397 Offences against certain provisions of Act and regulations
399 Distress and sale of ships
Division 4—Evidence and service
400 Production of depositions
401 Proof of certificates and other documents
402 Evidence as to execution
403 Admissibility of documents in evidence
403A Evidence in proceedings
404 Service of summons
405 Service of notice where there is no master
Division 5—Proceedings against the Crown
405A Proceedings against the Crown
Part XA—Tonnage measurement of ships
405B Interpretation
405C Declaration of countries to which the Tonnage Measurement Convention applies
405D Certificate by Minister as to amendments of Convention
405E Tonnage measurement regulations
405F Issue of tonnage measurement certificates
405G Extension and cancellation of certificates
405H Tonnage Measurement Convention country may request Authority to issue certificate
405J Authority may request Tonnage Measurement Convention country to issue certificate
405K Power of inspection of surveyors
405M Register tonnage of non‑Convention ships
405N Tonnage of non‑Convention ships to be measured in certain cases
405P Assignment of other tonnages to non‑Convention ships
Part XI—Miscellaneous
407 Application of penalties and moneys
410 Copy of act to be kept on certain ships
410A Charts
410B Liability of master or owner of ship under pilotage
412 Search of vessels
413 Powers of Minister
414 Detention of ships
415 Taking official to sea
416 Refusal of clearance
417 Births, deaths etc.
418A Security
419 Seal
421 Power of exemption
424 Marine Council
425 Regulations
426A Power to provide in orders for review of decisions
427 Orders by Minister as to Uniform Shipping Laws Code
Volume 2
Volume 3
Volume 4

Navigation Act 1912

Act No. 4 of 1913 as amended

Volume 1 includes:        Table of Contents
Sections 1–427

This compilation was prepared on 18 April 2005

taking into account amendments up to Act No. 28 of 2005

Volume 2 includes:        Schedule 1

Volume 3 includes:        Schedules 2–9

Volume 4 includes:        Note 1
Table of Acts
Act Notes
Table of Amendments
Note 2
Table A

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

  

 

 


Contents

Part I—Introductory                                                                                                              1

1............ Short title [see Note 1]....................................................................... 1

2............ Application of Act............................................................................. 1

2A......... Act to bind the Crown........................................................................ 2

3............ Act does not apply to naval ships etc................................................ 2

4............ Application of provisions relating to steam-ships............................. 2

5............ Application of the Criminal Code...................................................... 2

6............ Interpretation...................................................................................... 2

6A......... Answering questions........................................................................ 11

6B......... Desertion.......................................................................................... 12

6C......... Incompetency and misconduct of officers........................................ 12

6D......... Taking of ships to sea....................................................................... 12

6E.......... Proper return port............................................................................ 12

7............ Definition of coasting trade.............................................................. 13

7A......... Ships registered in Australia............................................................. 14

8............ Off-shore industry fixed structures, mobile units and vessels......... 14

8A......... Off-shore industry vessels to which Act applies............................. 17

8AA...... Declaration that Act applies in relation to trading ships engaging in intra-state trade            17

8AB...... Declarations that Act applies in relation to fishing fleet support vessels on inter-state or intra-state voyages     18

8B......... Ships imported into Australia deemed to be registered in Australia 18

9............ Delegation......................................................................................... 19

Part II—Masters and seamen                                                                                       20

Division 1—General                                                                                                    20

9A......... Interpretation.................................................................................... 20

10.......... Application of Part........................................................................... 20

Division 2—Superintendents                                                                                  21

13.......... Superintendents................................................................................ 21

Division 2A—The manning of ships                                                                   22

14.......... Minimum complement of ships....................................................... 22

Division 3—Qualifications of masters, officers and seamen                  24

15.......... Regulations with respect to qualifications of masters, officers and seamen            24

16.......... Unqualified person performing duties of master, officer or seaman. 25

17.......... Certificates to be produced............................................................... 25

Division 4—Supplying seamen                                                                              27

32.......... Penalty for receiving fees for supply of seamen.............................. 27

Division 7—Crew work in port                                                                              28

45.......... Employment of crew in loading and unloading................................. 28

Division 8—Engagement of seamen                                                                   29

46.......... Engagement of seamen...................................................................... 29

47.......... Persons unsuitable for engagement................................................... 30

48.......... Report of circumstances rendering person unsuitable for engagement 31

48A....... Minimum age for employment at sea............................................... 31

50.......... Period of agreements......................................................................... 31

52.......... Owner or master to furnish details of crew of ship.......................... 33

53.......... Copy of agreement to be posted up................................................. 33

54.......... Agreements to be delivered to proper authority.............................. 34

55.......... Erasures and alterations.................................................................... 34

56.......... Offences............................................................................................ 34

57.......... Evidence as to agreement.................................................................. 34

59.......... Obligation as to seaworthiness......................................................... 34

59A....... Abolition of defence of common employment................................. 35

59B....... Shipowner not entitled to limit liability in respect of certain claims 35

Division 9—Discharge of seamen                                                                        37

61.......... Provision of discharges to seamen.................................................... 37

62A....... Discharge of seamen outside Australia............................................. 37

63.......... False discharges................................................................................ 38

68.......... Offences in relation to certificates of discharge................................ 38

Division 10—Seamen’s wages                                                                               39

70.......... Allotment of seaman’s wages........................................................... 39

71.......... Right to sue upon allotment notes.................................................... 39

72.......... Commencement of payment............................................................. 40

73.......... Allotment to banks........................................................................... 40

75.......... Payment of wages on discharge........................................................ 40

75A....... Computation of wages...................................................................... 41

76.......... Account of wages on discharge......................................................... 41

77.......... Time for payment of wages.............................................................. 42

78.......... Wages to run on in certain cases....................................................... 43

81.......... Reference of differences to superintendent...................................... 44

82.......... Commencement of right to wages..................................................... 44

83.......... Recovery of wages............................................................................ 44

84.......... Wages not to be dependent on the earning of freight........................ 45

85.......... Right to conveyance and wages in case of termination of services by wreck or loss              45

88.......... Compensation for premature discharge............................................ 47

91.......... Jurisdiction as to wages.................................................................... 47

93.......... Wages not recoverable abroad in certain cases.................................. 47

94.......... Master’s remedies for wages............................................................ 48

Division 12—Discipline                                                                                             49

99.......... Conduct likely to result in danger to ship or life.............................. 49

101........ Smuggling by crew............................................................................ 49

104........ Stowaways and distressed seamen................................................... 49

110........ Return of foreign-going seaman to ship............................................ 50

113........ Questions as to deductions............................................................... 50

Division 13—Provisions                                                                                            51

116........ Bad provisions or water................................................................... 51

117........ Provisions adequate for voyage........................................................ 51

117A..... Adequate food catering facilities to be provided.............................. 52

119........ Weights and measures....................................................................... 52

120........ Inspection of provisions and water.................................................. 52

122........ Disposal of bad provisions............................................................... 53

Division 14—Health                                                                                                    54

123........ Medical Inspectors of Seamen.......................................................... 54

124........ Medical examination of masters and seamen.................................... 54

125........ Medicines etc. to be carried on ships............................................... 54

126........ Inspection of medicines.................................................................... 55

127........ Owner liable for medical attendance etc........................................... 55

128........ Recovery of expenses from owner................................................... 56

132........ Wages of seaman left on shore sick or injured.................................. 57

132A..... Security for expenses and wages of seaman left behind................... 61

132B..... Seaman left on shore to furnish address and to report for medical examination      61

133........ Medical practitioners and first aid attendants.................................. 62

134........ Regulations to give effect to the Medical Examination (Seafarers) Convention 1946             63

Division 15—Accommodation                                                                                64

135........ Application of Division.................................................................... 64

136........ Regulations relating to accommodation............................................ 64

137........ Provision of ventilation and wheel-houses....................................... 65

138........ Crew accommodation....................................................................... 66

138A..... Ships not to go to sea without required accommodation.................. 66

138B..... Interpretation.................................................................................... 67

Division 16—Protection of seamen                                                                     68

139........ Facilities for making complaints etc................................................. 68

140........ Assignment of salvage...................................................................... 68

145........ Persons unlawfully boarding, or remaining on board, ships............. 68

147........ Exemptions from serving on jury..................................................... 69

148........ Rescission of contract....................................................................... 69

148A..... Seaman not to be wrongfully left behind.......................................... 69

148C..... Wages and effects of seaman left behind.......................................... 70

148D..... Wages and effects to be held in trust................................................ 71

Division 17—Property of deceased seamen                                                   73

149........ Interpretation.................................................................................... 73

150........ Master to take charge of money and effects..................................... 73

151........ Death of seamen abroad.................................................................... 73

152........ Penalty for not accounting for effects.............................................. 74

153........ Effects of deceased seaman not left on board................................... 75

154........ Recovery of wages of seaman lost with ship................................... 75

155........ Property of deceased seaman to be delivered to superintendent...... 76

155A..... Transmission of money and effects to Authority............................ 76

156........ Right of Authority to dispose of effects of deceased seaman.......... 76

157........ Wills of deceased seamen.................................................................. 77

158........ Creditors’ claims............................................................................... 78

158A..... Sale of effects etc. by auction........................................................... 79

159........ Disposal of effects when no claim.................................................... 79

160........ Giving false evidence in connection with deceased seamen’s property.. 79

Division 18—Relief to seamen’s families                                                        81

161........ Relief of families by public institutions........................................... 81

162........ Reimbursement of institutions......................................................... 81

Division 19—Relief and maintenance of distressed seamen                 83

163........ Interpretation.................................................................................... 83

163A..... Regulations may make provision for relief and maintenance of distressed seamen 83

Division 20—The master                                                                                          85

164........ All ships may be searched................................................................ 85

167........ Agreement to be produced................................................................ 85

168........ Documents to be handed over to master’s successor....................... 86

Division 21—The log                                                                                                  87

171........ Official log-book............................................................................... 87

172........ Offences in relation to official log-book........................................... 87

172A..... Report of matters recorded in official log-book................................ 88

173........ Delivery of official log-book............................................................. 88

174........ Transmission of log-book to superintendent.................................... 89

Part III—Foreign seamen                                                                                                90

177........ Definition of seaman......................................................................... 90

178........ Apprehension of seaman.................................................................. 90

180........ Return to ship................................................................................... 90

183........ Proceedings at instance of consul only............................................. 91

184........ Proof of agreement............................................................................ 91

185........ Expenses to be paid by consul......................................................... 91

186........ Expenses of returning foreign seamen left behind............................. 91

Part IIIA—Pilotage                                                                                                              93

186A..... Application of Part........................................................................... 93

186B..... Definitions........................................................................................ 93

186C..... Qualifications of pilots etc............................................................... 93

186D..... Regulations may make other provisions relating to pilotage etc...... 95

186E...... Unqualified person performing duties of licensed pilot................... 95

186F...... Abuse of alcohol and other drugs..................................................... 96

Part IV—Ships and shipping                                                                                           97

Division 1—General                                                                                                    97

187........ Application of Part........................................................................... 97

187AA.. Issue of certificates in respect of ships to which this Act does not apply             97

187A..... Interpretation.................................................................................... 98

187B..... Declaration of countries to which the Safety Convention applies. 103

187BA.. Approval of classification certificates............................................ 103

187C..... When ships deemed to be overloaded............................................. 103

187D..... Certificate by Minister as to amendments of the Load Line Convention                105

187E...... Certificate by Minister as to amendments of the Safety Convention etc.               105

188........ Exemptions..................................................................................... 105

189........ All ships liable to survey and inspection....................................... 106

190........ Appointment of surveyors............................................................. 106

190AA.. Powers of inspection of surveyors................................................. 106

190AB.. 107

190A..... Alterations etc. of ships and cancellation of certificates................ 108

190B..... Regulations relating to construction, surveys etc........................... 109

191........ Regulations to give effect to Safety Convention............................ 110

191A..... Discretions relating to regulations giving effect to Conventions.... 110

191B..... Offences with respect to subdivision load line marks.................... 111

192A..... Detention of ships not registered in Australia................................ 111

192B..... Stability information....................................................................... 112

192C..... Nuclear ships.................................................................................. 112

Division 2—Surveys of steamships and survey certificates                 114

193........ Steamships to be surveyed periodically......................................... 114

194........ Surveyors’ reports and declarations, and issue of certificates........ 114

195........ Duration and extension of certificates............................................ 115

195A..... Cancellation of certificates if ship ceases to be registered in Australia 116

196........ Certificates to be made available for examination........................... 116

202........ Overcrowding steamships.............................................................. 116

203........ Alteration of certificates with respect to number of passengers.... 117

204........ Inspection of ships exempt from survey........................................ 117

204A..... Non-application to certain ships.................................................... 118

206........ Operation of watertight doors etc.................................................. 118

Division 2A—Sailing ships                                                                                     119

206B..... Application of Division 2 to sailing ships...................................... 119

Division 2B—Issue of safety certificates                                                       120

206C..... Interpretation.................................................................................. 120

206D..... Passenger steamships—safety certificates..................................... 120

206E...... Cargo steamships—safety construction certificates...................... 121

206F...... Cargo steamships—safety equipment certificates......................... 121

206G..... Cargo steamships—safety radio certificates.................................. 122

206GA.. Cargo steamships—safety certificates........................................... 122

206H..... Exemptions..................................................................................... 122

206J...... Nuclear passenger ships—safety certificates................................. 123

206K..... Nuclear cargo ships—safety certificates........................................ 123

206L...... Authority may request Safety Convention countries to issue certificates              123

206M.... Safety Convention countries may request Authority to issue certificates              124

206N..... Duration of certificates................................................................... 124

206P...... Extension of certificates.................................................................. 125

206PA... Cancellation of certificates if ship ceases to be registered in Australia 125

206Q..... Certificates to be made available for examination........................... 125

Division 2C—Survey and safety certificates required for ships        126

206R..... Interpretation.................................................................................. 126

206S...... Certificates required for Australian passenger steamships............. 126

206T..... Certificates required for Australian cargo steamships.................... 126

206U..... Certificates required for Australian nuclear ships.......................... 128

206V..... Certificates required for non-Safety Convention ships not registered in Australia 128

206W.... Production of certificates................................................................ 129

206X..... Modification of certificates............................................................ 130

Division 3—Unseaworthy and substandard ships                                      131

207........ Definition of seaworthy................................................................. 131

207A..... Substandard ships........................................................................... 131

208........ Sending unseaworthy ship to sea................................................... 131

209........ Seaman may claim discharge from unseaworthy or substandard ship 132

210........ Detention of unseaworthy and substandard ships......................... 132

211........ Costs of detention.......................................................................... 133

212........ Taking detained ship to sea............................................................ 134

213........ Security for costs............................................................................ 134

214........ Circumstances where complainant liable for costs of detention..... 134

Division 4—Life-saving appliances and fire protection                          135

215........ Regulations may make provision in relation to life-saving and fire prevention       135

216A..... Modification of certificates in respect of life-saving appliances.... 135

217........ Offences as to appliances............................................................... 136

Division 5—Load lines                                                                                             137

218........ Interpretation.................................................................................. 137

219........ Declaration of Load Line Convention countries............................. 138

220........ Load line regulations....................................................................... 138

221........ Exemptions..................................................................................... 138

222........ Issue of load line certificates........................................................... 140

223........ Issue of exemption certificates....................................................... 141

224........ Duration, extension and cancellation of certificates........................ 141

225........ Particulars in certificate to be entered in log-book.......................... 142

226........ Authority may issue certificate at request of Load Line Convention country        142

227........ Authority may request Load Line Convention country to issue certificates          143

227A..... Ships not to proceed to sea without load line certificates.............. 143

227B..... Ships not to be overloaded............................................................. 145

227C..... Detention of ships incorrectly marked........................................... 146

227D..... Offences with respect to marks...................................................... 147

227E...... Inspection of non-Australian Load Line Convention ships........... 147

Division 6—Signals of distress                                                                            149

228........ Ships to be furnished with distress signals..................................... 149

229........ Signals of distress and urgency....................................................... 149

230........ Compensation for loss occasioned by improper use of signals...... 149

Division 6A—Radio equipment                                                                           150

231........ Application of Division.................................................................. 150

231A..... Ships to be equipped with radio installations and radio navigational aids               150

231B..... Radio operators.............................................................................. 150

231C..... Maintenance and use of radio equipment and radio services.......... 151

231D..... Deficiency in number of operators on Safety Convention ships... 151

231E...... Log-books....................................................................................... 151

231F...... Regulations providing for radio installations etc............................ 152

Division 7—Compasses                                                                                          153

232........ Regulations..................................................................................... 153

233........ Ships not to be taken to sea without proper compasses................ 153

234........ Ship unseaworthy if not equipped with proper compasses.......... 153

Division 8—Musters, drills and checks and tests of machinery and equipment              154

235........ Musters and drills........................................................................... 154

236........ Machinery and equipment checks and tests................................... 154

Division 9—Containers                                                                                           155

237........ Interpretation.................................................................................. 155

238........ Declaration of countries to which the Container Convention applies 155

239........ Certificate by Minister as to amendments of the Container Convention                155

240........ Regulations to give effect to the Container Convention................. 156

241........ Safety requirements and tests not required or permitted by the Container Convention not to be imposed           156

Division 10—Dangerous goods, livestock, grain, deck and other cargoes         157

248........ Definition of dangerous goods........................................................ 157

249........ Shipping of dangerous goods.......................................................... 157

250........ Powers of owner or master as to dangerous goods......................... 157

251........ Right to decline to sail in ships carrying dangerous goods............. 158

252........ Forfeiture of dangerous goods........................................................ 158

253........ False descriptions........................................................................... 158

253A..... Carriage of dangerous goods........................................................... 158

254........ Prohibition on carriage of cargo...................................................... 159

255........ Notice of intention to ship............................................................. 159

257........ Stowing and carriage of cargo.......................................................... 160

Division 11—Collisions, loss and damage                                                     161

258........ Collisions, lights and signals........................................................... 161

258AA.. Certificate by Minister as to amendments of the Prevention of Collisions Convention         162

258A..... Careful navigation near ice.............................................................. 163

259........ Rule as to division of loss............................................................... 163

260........ Damages for personal injuries......................................................... 163

261........ Right of contribution...................................................................... 164

261A..... Application of sections 259, 260 and 261 to naval ships.............. 164

263........ Abolition of statutory presumption of fault.................................. 164

264........ Master to render assistance and abolition of statutory presumption of fault         165

265........ Obligation to render assistance....................................................... 165

265A..... Liability of charterers etc................................................................ 167

Division 12—Ships carrying or using oil                                                        168

266........ Interpretation.................................................................................. 168

267........ Application of Division.................................................................. 168

267A..... Regulations to give effect to certain Regulations of Annex I.......... 169

267B..... Ship construction certificates......................................................... 169

267C..... International Oil Pollution Prevention Certificates........................ 169

267D..... Alteration etc. of construction of ships and cancellation of certificates  170

267E...... Ships to be surveyed periodically.................................................. 171

267F...... Cancellation of certificate if ship ceases to be registered etc.......... 172

267G..... Certificates required for Australian ships....................................... 172

267H..... Certificates to be carried on board Australian ships....................... 172

267J...... Production of certificates................................................................ 173

267K..... Directions in relation to foreign ships............................................ 173

Division 12A—Ships carrying noxious liquid substances in bulk     175

267M.... Interpretation.................................................................................. 175

267N..... Application of Division.................................................................. 175

267P...... Regulations to give effect to Regulation 13 of Annex II................. 176

267Q..... Chemical tanker construction certificates....................................... 176

267R..... International Pollution Prevention Certificates for the Carriage of Noxious Liquid Substances in Bulk 176

267S...... Alteration etc. of construction of ships and cancellation of certificates  177

267T..... Ships to be surveyed periodically.................................................. 178

267U..... Cancellation of certificate if ship ceases to be an Australian ship.. 179

267V..... Certificates required for Australian ships....................................... 179

267W.... Certificates to be carried on board Australian ships....................... 179

267X..... Production of certificates................................................................ 180

267Y..... Directions in relation to foreign ships............................................ 180

Division 12B—Ships carrying packaged harmful substances             182

267ZA.. Interpretation.................................................................................. 182

267ZB... Application of Division.................................................................. 182

267ZC... Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III                183

Division 12C—Sewage                                                                                             184

267ZD.. Interpretation.................................................................................. 184

267ZE... Application of Division.................................................................. 184

267ZF... Regulations to give effect to Regulations 4, 9 and 10 of Annex IV 185

267ZG.. International Sewage Pollution Prevention Certificates for Australian ships          185

267ZH.. International Sewage Pollution Prevention Certificates for foreign ships                185

267ZJ.... Alteration etc. of construction of ships and cancellation of certificates  186

267ZK.. Ships to be surveyed periodically.................................................. 187

267ZL... Cancellation of sewage certificate if ship ceases to be an Australian ship               188

267ZM. Certificates required for Australian ships....................................... 188

267ZN.. Certificates to be carried on board Australian ships....................... 188

267ZP... Production of certificates................................................................ 189

267ZQ.. Directions in relation to foreign ships............................................ 189

267ZS... Operation of Division..................................................................... 190

Division 13—Report of accidents and of dangers to navigation        191

268........ Accidents etc. to be reported.......................................................... 191

269........ Notification of loss of ships........................................................... 192

269A..... Report of dangers to navigation...................................................... 192

Division 14—Reports of movements of ships                                             194

269B..... Interpretation.................................................................................. 194

269C..... Objects of Division......................................................................... 194

269D..... Extension to Territories.................................................................. 194

269E...... Prescribed area................................................................................ 195

269F...... Sailing plan...................................................................................... 195

269G..... Cancellation of sailing plan............................................................. 196

269H..... Position report................................................................................ 196

269J...... Final report and report of leaving prescribed area.......................... 198

269K..... Ships entering the prescribed area.................................................. 198

269L...... Exemption....................................................................................... 199

269N..... Offences.......................................................................................... 199

Part V—Passengers                                                                                                           201

270........ Regulations as to passenger trade................................................... 201

272........ Provision for passengers wrecked.................................................. 201

273........ Assurances in connection with passages........................................ 202

274........ Responsibility of owner to other persons...................................... 202

275........ Passenger landed elsewhere than at destination.............................. 202

276........ Right of action by passenger.......................................................... 203

278........ Obstructing ship or machinery....................................................... 203

279........ Power to exclude certain persons................................................... 204

280........ Taking passage for lunatic, or sending lunatic on board................. 204

281........ Offences on ships by disorderly persons....................................... 204

282........ Offences by passengers.................................................................. 205

Part VA—Special purpose ships and special personnel                                206

283........ Interpretation.................................................................................. 206

283A..... Power to make regulations.............................................................. 206

283B..... Special personnel not passengers................................................... 206

Part VB—Off-shore industry vessels and off-shore industry mobile units                208

283C..... Extension to prescribed Territories................................................ 208

283D..... Regulations with respect to off-shore industry vessels................. 208

283E...... Regulations with respect to off-shore industry mobile units......... 208

283F...... Directions with respect to off-shore industry mobile units........... 210

283G..... Off-shore industry vessels and mobile units not registered in Australia deemed to be registered in Australia       211

283H..... Personnel of off-shore industry vessels and mobile units not passengers               211

283J...... Notices by Minister as to International Maritime Organization resolutions          212

283K..... Regulations, orders and directions inconsistent with Petroleum (Submerged Lands) Act 1967 etc.       212

Part VI—The coasting trade                                                                                         214

284........ Application of Part......................................................................... 214

286........ Permits to unlicensed ships............................................................ 214

287........ Ships in receipt of subsidies........................................................... 215

288........ Licensing of ships to engage in coasting trade................................ 216

289........ Payment of Australian rates of wages............................................ 217

290........ Indorsement of rate of wages on agreement.................................... 217

291........ Seamen’s rights not affected by agreement..................................... 218

292........ Evidence of rates of wages.............................................................. 218

293........ Responsibility of master, owner and agent for compliance with Act 218

293A..... Power to suspend provisions as to coasting trade......................... 218

Part VII—Wrecks and salvage                                                                                   220

Division 1—Interpretation                                                                                     220

294........ Interpretation.................................................................................. 220

295........ Powers of Customs reserved.......................................................... 221

295A..... Certain provisions of Part not applicable to historic wrecks......... 221

295B..... Certain provisions of Part not applicable to certain wrecks.......... 222

Division 2—Wreck                                                                                                     223

296........ Receiver where ship in distress...................................................... 223

297........ Powers of receiver to require assistance......................................... 223

298........ Power to pass over private land to assist at wreck........................ 224

299........ Power of receiver to suppress plunder and disorder by force........ 224

300........ Exercise of powers when receiver absent....................................... 225

301........ Examination on oath as to wrecks.................................................. 225

302........ Finding or taking possession of wreck........................................... 226

303........ Penalty for retaining possession of wreck...................................... 226

304........ Notice to be posted in Customs-house.......................................... 226

305........ Claim of owner to wreck................................................................ 226

306........ Sale of wreck by receiver................................................................ 227

307........ Expenses connected with wreck..................................................... 227

308........ Right of Commonwealth................................................................. 228

309........ Sale of unclaimed wreck by receiver............................................... 228

310........ Discharge of receiver from liability................................................. 228

311........ Disputes as to title to wreck.......................................................... 228

312........ Taking wreck out of Australia........................................................ 228

313........ Boarding ship in distress without authority................................... 229

314........ Offences as to wreck...................................................................... 229

314A..... Removal of wrecks on or near coast............................................... 229

Division 3—Salvage                                                                                                   231

315........ Certain provisions of Salvage Convention to have force of law..... 231

316........ Application of this Division........................................................... 231

317........ Application of section 2 to this Division....................................... 231

317A..... Assistance to persons in danger at sea........................................... 232

329B..... Salvage claims against the Crown [see Note 2]............................... 232

329C..... Salvage claims by the Crown.......................................................... 233

Part VIII—Exclusion of shipowners’ liability                                                      234

Division 2—Exclusion of liability                                                                        234

338........ Ship owner not to be liable in certain cases of loss of, or damage to, goods            234

Part IXA—Review of decisions                                                                                  235

377B..... Decisions under Part I.................................................................... 235

377C..... Decisions under Part II................................................................... 235

377D..... Principal decisions under Part IV in relation to certificates and exemptions           236

377E...... Other decisions under Division 1 of Part IV.................................. 236

377F...... Other decisions under Division 3 of Part IV.................................. 237

377G..... Other decisions under Divisions 4, 5, 6A and 10 of Part IV.......... 237

377H..... Other decisions under Divisions 12, 12A and 12C of Part IV....... 238

377J...... Decisions under Part VB................................................................ 238

377K..... Decisions under Part XA................................................................ 238

377L...... Decisions under Part XI................................................................. 238

377M.... Statements to accompany notices.................................................. 239

Part X—Legal proceedings                                                                                           240

Division 1—Jurisdiction                                                                                          240

378........ Place where deemed to have been committed................................. 240

379........ Presumption of jurisdiction............................................................ 240

380........ Jurisdiction over ships lying off coast............................................ 240

384........ Action against official..................................................................... 241

Division 2—Offences                                                                                                242

385........ Definitions...................................................................................... 242

386........ General offences............................................................................. 242

386A..... Impairment of person’s capacity to carry out duties as master or seaman             242

386B..... Unacceptable blood alcohol content............................................... 243

386C..... Master or seaman may be required to undergo examination or to provide samples                244

386D..... Refusal to provide sample of breath for analysis........................... 244

386E...... Refusal to submit to medical examination...................................... 245

386F...... Consumption of alcohol before undergoing examination etc.......... 246

386G..... Medical drugs................................................................................. 246

386H..... Permitting or requiring performance of duties by impaired person 247

386J...... Regulations..................................................................................... 248

387........ Hindering or interfering with masters or officers............................ 248

387A..... Persuading or inciting breach of agreement..................................... 248

388........ Being on board a ship unlawfully................................................... 249

389........ False declarations etc...................................................................... 249

389A..... Offences in connection with certificates......................................... 249

391........ Beneficial owners subject to pecuniary penalties........................... 250

Division 3—Prosecution and penalties                                                           251

395A..... Proceedings against Corporations................................................... 251

396........ Limitation of actions....................................................................... 251

397........ Offences against certain provisions of Act and regulations............ 252

399........ Distress and sale of ships............................................................... 253

Division 4—Evidence and service                                                                     254

400........ Production of depositions.............................................................. 254

401........ Proof of certificates and other documents...................................... 254

402........ Evidence as to execution................................................................. 255

403........ Admissibility of documents in evidence......................................... 255

403A..... Evidence in proceedings.................................................................. 256

404........ Service of summons........................................................................ 256

405........ Service of notice where there is no master...................................... 257

Division 5—Proceedings against the Crown                                                258

405A..... Proceedings against the Crown....................................................... 258

Part XA—Tonnage measurement of ships                                                           259

405B..... Interpretation.................................................................................. 259

405C..... Declaration of countries to which the Tonnage Measurement Convention applies                260

405D..... Certificate by Minister as to amendments of Convention............. 260

405E...... Tonnage measurement regulations.................................................. 261

405F...... Issue of tonnage measurement certificates...................................... 261

405G..... Extension and cancellation of certificates....................................... 262

405H..... Tonnage Measurement Convention country may request Authority to issue certificate       263

405J...... Authority may request Tonnage Measurement Convention country to issue certificate       263

405K..... Power of inspection of surveyors.................................................. 263

405M.... Register tonnage of non-Convention ships..................................... 264

405N..... Tonnage of non-Convention ships to be measured in certain cases 265

405P...... Assignment of other tonnages to non-Convention ships............... 265

Part XI—Miscellaneous                                                                                                  266

407........ Application of penalties and moneys............................................. 266

410........ Copy of act to be kept on certain ships......................................... 266

410A..... Charts............................................................................................. 266

410B..... Liability of master or owner of ship under pilotage....................... 267

412........ Search of vessels............................................................................. 267

413........ Powers of Minister......................................................................... 267

414........ Detention of ships.......................................................................... 268

415........ Taking official to sea....................................................................... 268

416........ Refusal of clearance........................................................................ 269

417........ Births, deaths etc............................................................................ 269

418A..... Security........................................................................................... 270

419........ Seal.................................................................................................. 270

421........ Power of exemption........................................................................ 270

424........ Marine Council............................................................................... 271

425........ Regulations..................................................................................... 274

426A..... Power to provide in orders for review of decisions........................ 276

427........ Orders by Minister as to Uniform Shipping Laws Code............... 276

 


An Act relating to Navigation and Shipping

Part IIntroductory

  

1  Short title [see Note 1]

                   This Act may be cited as the Navigation Act 1912.

2  Application of Act

             (1)  Except in so far as the application of this section is expressly excluded by a provision of this Act, this Act does not apply in relation to:

                     (a)  a trading ship proceeding on a voyage other than an overseas voyage or an inter-State voyage;

                     (b)  an Australian fishing vessel proceeding on a voyage other than an overseas voyage;

                    (ba)  a fishing fleet support vessel proceeding on a voyage other than an overseas voyage;

                     (c)  an inland waterways vessel; or

                     (d)  a pleasure craft;

or in relation to its owner, master or crew.

             (2)  A ship shall, for the purposes of this section, be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.

             (3)  A voyage of an Australian fishing vessel, being a ship that is regularly engaged in making voyages from a port or ports in Queensland, commencing at a port in that State and ending at the same port or another port in that State shall not be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea.

             (4)  A ship’s voyage is to be taken not to be an overseas voyage for the purposes of this Act if the voyage:

                     (a)  commences in a port in an external Territory; and

                     (b)  ends at a port in that Territory.

2A  Act to bind the Crown

                   This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.

3  Act does not apply to naval ships etc.

                   Except where the contrary intention appears, this Act does not apply to or in relation to a ship belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a country other than Australia.

4  Application of provisions relating to steam-ships

                   The provisions of this Act relating to steam-ships shall apply, with such modifications as are prescribed, to ships propelled by electricity or other mechanical power.

5  Application of the Criminal Code

                   Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

6  Interpretation

             (1)  In this Act, unless the contrary intention appears:

agreement, in relation to a ship, means the agreement between the master of the ship and the crew of the ship and, in relation to a seaman belonging to a ship, means the agreement between the master of the ship and the seaman.

articles of agreement has the same meaning as agreement.

Australian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under subsection 4(2) of the Fisheries Management Act 1991 is in force.

Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.

bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959.

Collector means a Collector of Customs or other principal officer of Customs doing duty at a port under the Customs Act.

Commonwealth authority means an authority or body, whether a body corporate or not, established or incorporated for a public purpose by a law of the Commonwealth or of a Territory (other than the Northern Territory), and includes a body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a body corporate in which the Commonwealth has a controlling interest.

Commonwealth ship means a ship:

                     (a)  that belongs to the Commonwealth or to a Commonwealth authority;

                     (b)  the beneficial interest in which is vested in the Commonwealth or in a Commonwealth authority; or

                     (c)  that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a Commonwealth authority;

but does not include a ship:

                     (d)  that belongs to ANL Limited;

                     (e)  the beneficial interest in which is vested in ANL Limited; or

                      (f)  that is for the time being demised or sub-demised to, or in the exclusive possession of, ANL Limited.

consul includes:

                     (a)  ambassador, high commissioner, commissioner or other head of mission;

                     (b)  minister;

                     (c)  chargé d’affaires; and

                     (d)  counsellor, secretary or attaché of an embassy or other mission.

Co-ordinated Universal Time means Co-ordinated Universal Time as determined by the International Bureau of Weights and Measures.

diplomatic or consular representative of Australia means a person appointed to hold, or to act in, any of the following offices (being an office of the Commonwealth) in a country or place outside Australia:

                     (a)  ambassador;

                     (b)  minister;

                     (c)  head of mission;

                     (d)  chargé d’affaires;

                     (e)  counsellor, secretary or attaché of an embassy, legation or other post; and

                      (f)  consul.

discharge means the certificate of discharge given to a seaman upon his or her discharge from a ship.

effects includes documents.

engage in conduct means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

equipment, in relation to a ship, includes every thing or article belonging to or to be used in connexion with, or necessary for the navigation and safety of, the ship and, in particular, includes boats, tackle, pumps, apparel, furniture, life-saving appliances, spars, masts, rigging, sails, fog signals, lights, signals of distress, signalling lamps, pilot ladders, radio equipment, medicines, medical and surgical stores and appliances, fire prevention, detecting and extinguishing appliances, inert gas systems, echo-sounding devices, mechanical pilot hoists, buckets, compasses, charts, axes, lanterns and gear and apparatus for loading or unloading, or otherwise handling, cargo.

fish includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.

fishing fleet support vessel means:

                     (a)  a ship that is used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels; or

                     (b)  a ship that:

                              (i)  is not a ship to which paragraph (a) applies; and

                             (ii)  is being used in support of the fishing operations of an Australian fishing vessel or vessels; and

                            (iii)  is not covered by a declaration under subsection (1C); or

                     (c)  a ship that:

                              (i)  is in the course of construction; and

                             (ii)  is intended to be used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels;

but does not include:

                     (d)  a Commonwealth ship; or

                     (e)  an inland waterways vessel.

Note:          for in support of fishing operations see subsection (1B).

fishing operations means:

                     (a)  the taking, catching or capturing of fish for trading or manufacturing purposes; and

                     (b)  the processing or carrying of the fish that are taken, caught or captured.

fishing vessel means:

                     (a)  a ship that is used wholly or principally for fishing operations; or

                     (b)  a ship that:

                              (i)  is in the course of construction; and

                             (ii)  is intended to be used wholly or principally for fishing operations;

but does not include:

                     (c)  a Commonwealth ship; or

                     (d)  an inland waterways vessel.

Government ship means a ship:

                     (a)  that belongs to the Commonwealth or a State or Territory;

                     (b)  the beneficial interest in which is vested in the Commonwealth or a State or Territory; or

                     (c)  that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a State or Territory;

and includes a ship that belongs to an arm of the Defence Force, but does not include a ship:

                     (d)  that belongs to a trading corporation that is an authority or agency of the Commonwealth or of a State or of a Territory;

                     (e)  the beneficial interest in which is vested in such a trading corporation; or

                      (f)  that is for the time being demised or sub-demised to, or in the exclusive possession of, such a trading corporation.

Great Barrier Reef Region has the same meaning as in the Great Barrier Reef Marine Park Act 1975.

harbour means a harbour properly so called, whether natural or artificial, and includes an estuary, navigable river, creek, channel, haven, roadstead, dock, pier, jetty or other work in or at which ships can obtain shelter or ship and unship goods or passengers.

inland waterways vessel means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly in waters other than waters of the sea, but does not include a Commonwealth ship.

inter-State voyage, in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:

                     (a)  a port in a State and a port in another State;

                     (b)  a port in a State and a port in a Territory; or

                     (c)  a port in a Territory and a port in another Territory;

whether or not the ship travels between 2 or more ports in any one State or Territory in the course of the voyage.

justice means Justice of the Peace.

master means a person having command or charge of a ship.

Medical Inspector of Seamen means a person appointed under section 123 to be a Medical Inspector of Seamen.

nuclear ship means a ship provided with a nuclear power plant.

officer means the master, a mate or an engineer of a ship.

officer of Customs means a person who is an officer for the purposes of the Customs Act.

officer of police means a member or special member of the Australian Federal Police or a member of the police force of a State or of a Territory.

official means a superintendent, a surveyor, a Medical Inspector of Seamen or any other person, including a Collector or other officer of Customs, required to perform functions or discharge duties for the purposes of this Act.

official log-book, in relation to a ship, means the official log-book kept by the master of the ship in pursuance of section 171 or in pursuance of the law of a country other than Australia.

order means an order made under this Act.

overseas voyage, in relation to a ship, means a voyage in the course of which the ship travels between:

                     (a)  a port in Australia and a port outside Australia;

                     (b)  a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;

                     (c)  a port outside Australia and a place in the waters of the sea above the continental shelf of Australia;

                     (d)  a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;

                     (e)  ports outside Australia; or

                      (f)  places beyond the continental shelf of Australia;

whether or not the ship travels between 2 or more ports in Australia in the course of the voyage.

passenger means a person carried on board a ship with the knowledge or consent of the owner, charterer, agent or master of the ship, not being:

                     (a)  a person employed or engaged in any capacity on board the ship on the business of the ship;

                     (b)  a person on board the ship in pursuance of an obligation imposed on the master by any law (including a law of a country other than Australia) to assist shipwrecked, distressed or other persons or by reason of circumstances that could not have been prevented or forestalled by the owner, charterer, agent or master of the ship; or

                     (c)  a child under the age of one year.

pilot means a person who does not belong to, but has the conduct of, a ship.

pleasure craft means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly for recreational or sporting activities (whether or not let, or intended to be let, for hire or reward or consideration of any kind), but does not include a Commonwealth ship or an inland waterways vessel.

port includes place and harbour.

proper authority means:

                     (a)  a superintendent;

                     (b)  in relation to a prescribed country:

                              (i)  a person who, under the law of that country, has powers, duties and functions similar to the powers, duties and functions of a superintendent under this Act; or

                             (ii)  a diplomatic or consular representative of Australia or a consul of a prescribed country; or

                     (c)  in relation to a foreign country other than a prescribed country—a diplomatic or consular representative of Australia or a consul of a prescribed country.

radio equipment includes radio navigational aid equipment.

sea includes any waters within the ebb and flow of the tide.

seaman means a person employed or engaged in any capacity on board a ship on the business of the ship, other than:

                     (a)  the master of the ship;

                     (b)  a pilot; or

                     (c)  a person temporarily employed on the ship in port.

ship means any kind of vessel used in navigation by water, however propelled or moved, and includes:

                     (a)  a barge, lighter or other floating vessel;

                     (b)  an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;

                     (c)  an off-shore industry mobile unit;

but (except in Part IIIA, in section 192B, in Division 1, 3, 4, 5, 6, 10, 11 or 13 of Part IV, in Part VII or IX, in Division 1, 3 or 4 of Part X or in Part XI) does not include an off-shore industry mobile unit that is not self-propelled.

superintendent means a superintendent appointed under section 13.

survey authority means a corporation or association for the survey of shipping, approved by the Authority, in writing, for the purposes of this definition.

surveyor means a person appointed to be a surveyor under section 190.

the Court, in relation to proceedings under this Act, means the court exercising jurisdiction in respect of those proceedings.

the Customs Act means the Customs Act 1901-1966.

the Marine Council means the Marine Council established under section 424.

the regulations, except in sections 425 and 426 or to the extent that the regulations provide otherwise, includes orders made under this Act or pursuant to the regulations.

this Act includes the regulations and, except to the extent that the regulations provide otherwise, includes orders made under this Act.

trading ship means a ship that is used, or, being a ship in the course of construction, is intended to be used, for, or in connection with, any business or commercial activity and, without limiting the generality of the foregoing, includes a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly or principally for:

                     (a)  the carriage of passengers or cargo for hire or reward; or

                     (b)  the provision of services to ships or shipping, whether for reward or otherwise;

but does not include a Commonwealth ship, a fishing vessel, a fishing fleet support vessel, an off-shore industry mobile unit, an off-shore industry vessel to which this Act applies, an inland waterways vessel or a pleasure craft.

wages includes emoluments.

          (1A)  For the purposes of this section, a ship that has been launched, but has not been completed and delivered under the relevant building contract, shall be deemed to be a ship in the course of construction.

          (1B)  For the purposes of this Act, activities in support of the fishing operations of a fishing vessel include:

                     (a)  the storage and transport of fish taken, caught or captured by the fishing vessel; and

                     (b)  the provision of food, fuel and other supplies to the fishing vessel while it is engaged in fishing operations; and

                     (c)  the transport of crew members to and from the fishing vessel while it is engaged in fishing operations.

          (1C)  The Authority may declare, in writing, that a class of ships specified in the declaration are not to be taken to be fishing fleet support vessels under paragraph (b) of the definition of fishing fleet support vessel in subsection (1).

             (2)  A reference in this Act to failure to do an act or thing shall be read as including a reference to refusal or neglect to do that act or thing.

             (4)  Unless the contrary intention appears, a reference in this Act (except in Division 3 or 4 of Part VII) to the owner of a ship shall, in the case of a ship that is operated by a person other than the owner, be read as including a reference to the operator.

          (4A)  Where, in pursuance of articles of agreement, a person becomes a member of the crew of a ship, he or she is to, until he or she ceases to be a member of the crew of the ship, be deemed, for the purposes of this Act, to belong to the ship.

          (4B)  A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall be deemed, for the purposes of this Act, to cease to belong to the ship and does not again belong to the ship until he or she again becomes a member of the crew of the ship.

          (4C)  A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall not be taken to have been discharged from the ship.

             (5)  Unless the contrary intention appears, a reference in a provision of this Act to a prescribed country shall be read as a reference to a country prescribed for the purposes of that provision, and includes:

                     (a)  a colony, overseas territory or protectorate of a country so prescribed; and

                     (b)  a territory for the international relations of which a country so prescribed is responsible.

             (6)  Unless the contrary intention appears, a reference in this Act to the certificates of a master, officer or seaman shall be read as a reference to the certificates or other documents issued under, or having effect for the purposes of, this Act that are evidence that the master, officer or seaman, as the case may be, is a qualified master, officer or seaman, as the case may be, of any designation.

             (7)  For the purposes of this Act, a port in the Great Barrier Reef Region shall be taken to be a port in Australia.

6A  Answering questions

                   A person who, by this Act, is required to answer a question asked under or for the purposes of this Act shall be deemed not to have complied with that requirement unless he or she answers the question truly to the best of his or her knowledge, information and belief.

6B  Desertion

                   For the purposes of this Act, a seaman has deserted from his or her ship:

                     (a)  if the seaman is absent from his or her ship with the intention of not returning to the ship; or

                     (b)  if the seaman is absent from his or her ship for a continuous period exceeding 48 hours without leave, lawful cause or reasonable excuse.

6C  Incompetency and misconduct of officers

                   For the purposes of this Act:

                     (a)  an officer is incompetent if he or she is inefficient in the performance of any of his or her duties as an officer; and

                     (b)  an officer is guilty of misconduct if he or she is guilty of careless navigation, drunkenness, tyranny, improper conduct or, without reasonable cause or excuse, failure of duty.

6D  Taking of ships to sea

             (1)  For the purposes of this Act but subject to subsection (2), a ship shall be deemed to have been taken or sent to sea, or to have gone or proceeded to sea, if the ship has been got under way for the purpose of:

                     (a) going to sea;

                     (b)  plying or running; or

                     (c)  proceeding on a voyage.

             (2)  A ship shall not be deemed, for the purposes of this Act, to have been taken or sent to sea, or to have gone or proceeded to sea, by reason only that the ship has been got under way for the purpose of moving the ship from one berth or place in a port to another berth or place in the port.

6E  Proper return port

             (1)  For the purposes of this Act, but subject to subsection (2):

                     (a)  the proper return port of a master who has been engaged for service on a ship is:

                              (i)  such port as is agreed upon between the owner of the ship and the master; or

                             (ii)  in the absence of agreement—the port at which the master shipped; and

                     (b)  the proper return port of a seaman who has been engaged for service on a ship is:

                              (i)  such port as is agreed upon between the master of the ship and the seaman, either in the seaman’s agreement or otherwise; or

                             (ii)  in the absence of agreement—the port at which the seaman shipped.

             (2)  A master or seaman and the owner of a ship may agree to refer a question which has arisen between them as to the proper return port of the master or seaman to a proper authority for his or her decision.

             (3)  Section 81 applies to and in relation to such an agreement as if it were an agreement to which that section applies and the reference in that section to a superintendent were a reference to a proper authority.

7  Definition of coasting trade

             (1)  A ship shall be deemed to be engaged in the coasting trade, within the meaning of this Act, if it takes on board passengers or cargo at any port in a State, or a Territory, to be carried to, and landed or delivered at, any other port in the same State or Territory or in any other State or other such Territory:

Provided that a ship shall not be deemed to be engaged in the coasting trade by reason of the fact that it carries:

                     (a)  passengers who hold through tickets to or from a port beyond Australia and the Territories; or

                     (b)  cargo consigned on a through bill of lading to or from a port beyond Australia and those Territories and which is not transhipped to or from any ship trading exclusively in Australian waters which is not licensed under this Act; or

                     (c)  mails between any ports in Australia or in any of those Territories; or

                     (d)  as a passenger:

                              (i)  the owner of the ship or a person who is a servant, or a member of the family, of the owner of the ship; or

                             (ii)  a pilot who is proceeding from his or her home station for the purpose of meeting a ship requiring the pilot’s services or is returning to his or her home station after piloting a ship:

Provided further that the Governor-General may by order declare that the carrying of passengers or cargo between ports in any Territory, or between ports in any such Territory and any other Australian ports, or ports in any other such Territory shall not be deemed engaging in the coasting trade.

             (2)  In this section, owner, in relation to a ship, includes a person who is the manager or secretary of a body corporate which is the owner of the ship.

7A  Ships registered in Australia

                   A reference in this Act to a ship registered in Australia shall be read as a reference to a ship registered under the Shipping Registration Act 1981 and as including a reference to a ship that is required to be registered under that Act but is not so registered.

8  Off-shore industry fixed structures, mobile units and vessels

             (1)  In this section:

Australia includes such of the external Territories as are prescribed for the purposes of this section.

Australian coastal sea means:

                              (i)  the territorial sea of Australia; and

                             (ii)  the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory.

natural resources means the mineral and other non-living resources of the seabed and its subsoil.

             (2)  A reference in this Act to an off-shore industry fixed structure shall be read as a reference to a structure (including a pipeline) that:

                     (a)  is fixed to the seabed and is not able to move or be moved as an entity from one place to another; and

                     (b)  is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

                              (i)  the continental shelf of Australia;

                             (ii)  the seabed of the Australian coastal sea; and

                            (iii)  the subsoil of that seabed.

             (3)  A reference in this Act to an off-shore industry mobile unit shall be read as a reference to:

                     (a)  a vessel that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

                              (i)  the continental shelf of Australia;

                             (ii)  the seabed of the Australian coastal sea; and

                            (iii)  the subsoil of that seabed;

                            by drilling the seabed or its sub-soil, or by obtaining substantial quantities of material from the seabed or its sub-soil, with equipment that is on or forms part of the vessel;

                     (b)  a structure (not being a vessel) that:

                              (i)  is able to float or be floated;

                             (ii)  is able to move or be moved as an entity from one place to another; and

                            (iii)  is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

                                        (A)  the continental shelf of Australia;

                                        (B)  the seabed of the Australian coastal sea; and

                                        (C)  the subsoil of that seabed;

                                   by drilling the seabed or its sub-soil, or by obtaining substantial quantities of material from the seabed or its sub-soil, with equipment that is on or forms part of the structure; or

                     (c)  a barge or like vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off-shore industry fixed structures.

             (4)  A reference in this Act to an off-shore industry vessel shall be read as a reference to:

                     (a)  a ship (not being an off-shore industry mobile unit) that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

                              (i)  the continental shelf of Australia;

                             (ii)  the seabed of the Australian coastal sea; and

                            (iii)  the subsoil of that seabed; or

                     (b)  any other ship (not being an off-shore industry mobile unit, or a ship, or a ship included in a class of ships, declared by the Minister, by instrument in writing, to be a ship or a class of ships, as the case requires, to which this paragraph does not apply) at any time when it is being so used.

             (5)  A vessel or other structure that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (3)(a) or subparagraph (3)(b)(iii) shall not be taken not to be an off-shore industry mobile unit by reason only that the vessel or other structure is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources.

             (6)  A barge or like vessel that is used or intended for use in connection with the construction, maintenance or repair of off-shore industry fixed structures shall not be taken not to be an off-shore industry mobile unit by reason only that the vessel is also used or intended for use in connection with the construction, maintenance or repair of other structures.

             (7)  A ship that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (4)(a) shall not be taken not to be an off-shore industry vessel by reason only that the ship is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources.

8A  Off-shore industry vessels to which Act applies

             (1)  The owner of an off-shore industry vessel may apply to the Authority for a declaration under subsection (2) in relation to the off-shore industry vessel.

             (2)  The Authority may, in writing, declare the off-shore industry vessel to be an off-shore industry vessel to which this Act applies.

             (3)  A reference in this Act to an off-shore industry vessel to which this Act applies is a reference to an off-shore industry vessel in relation to which a declaration under subsection (2) is in force.

8AA  Declaration that Act applies in relation to trading ships engaging in intra-state trade

             (1)  The owner of a trading ship may apply to the Authority for a declaration under subsection (2) in relation to the ship.

             (2)  The Authority may, in writing, declare that this Act applies in relation to the ship even when the ship is proceeding on a voyage other than an overseas voyage or an inter-state voyage.

             (3)  The declaration has effect despite section 2.

             (4)  The Authority must revoke the declaration on the application of the owner of the ship.

             (5)  If a declaration under subsection (2) is in force in relation to a trading ship, then, for the purposes of this Act, the ship is to be taken not to be a ship referred to in subsection 2(1).

8AB  Declarations that Act applies in relation to fishing fleet support vessels on inter-state or intra-state voyages

             (1)  Despite section 2, the Minister may declare in writing that this Act applies to a fishing fleet support vessel proceeding on a voyage that is not an overseas voyage.

             (2)  If a declaration under subsection (1) is in force in relation to a fishing fleet support vessel, the ship is taken not to be a ship referred to in paragraph 2(1)(ba).

8B  Ships imported into Australia deemed to be registered in Australia

             (1)  Subject to subsection (2) and except where the contrary intention appears, the provisions of this Act apply in relation to a ship (other than an off-shore industry vessel or an off-shore industry mobile unit) not registered in Australia that has been imported into Australia within the meaning of the Customs Act 1901 as if it were registered in Australia and were not registered in any other country.

             (2)  The Minister or the Authority may, by instrument in writing, direct that, in relation to a ship, or ships included in a class of ships, specified in the direction, subsection (1) does not have effect or does not have effect in respect of a provision or provisions of this Act specified in the direction.

             (3)  A direction under subsection (2):

                     (a)  is subject to such conditions (if any) as are specified in the direction; and

                     (b)  may be confined to a particular period or to one or more particular voyages or operations.

             (4)  If a condition that is applicable to a ship by virtue of a direction under subsection (2) is contravened, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $2,000.

             (5)  An offence under subsection (4) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

9  Delegation

             (1)  The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers or functions under this Act, other than this power of delegation.

             (2)  A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.

             (3)  A delegation under this section does not prevent the exercise of a power or performance of a function by the Minister.


 

Part IIMasters and seamen

Division 1General

9A  Interpretation

                   In this Part, ship does not include a barge, lighter or other floating vessel that is not self-propelled.

10  Application of Part

                   Except so far as the contrary intention appears, this Part applies only to:

                     (a)  a ship registered in Australia;

                     (b)  a ship (other than a ship registered in Australia) engaged in the coasting trade; or

                     (c)  a ship (other than a ship registered in Australia or engaged in the coasting trade) of which the majority of the crew are residents of Australia and which is operated by any of the following (whether or not in association with any other person, firm or company, being a person, firm or company of any description), namely:

                              (i)  a person who is a resident of, or has his or her principal place of business in, Australia;

                             (ii)  a firm that has its principal place of business in Australia; or

                            (iii)  a company that is incorporated, or has its principal place of business, in Australia;

and to the owner, master and crew of such a ship.


 

Division 2Superintendents

13  Superintendents

                   The Authority may, in writing, appoint a person to be a superintendent.


 

Division 2AThe manning of ships

14  Minimum complement of ships

             (1)  Subject to this section, the Authority may, having regard to such principles as are prescribed for the purposes of this subsection, by order, require a ship, or each ship included in a class of ships, to carry a qualified master of a specified designation and to carry not less than:

                     (a)  a specified number of qualified officers of specified designations; and

                     (b)  a specified number of qualified seamen of specified designations.

             (3)  The Authority is not to exercise its powers under subsection (1) except to the extent that it appears to it necessary or expedient in the interests of safety or the protection of the marine environment.

             (4)  An order under subsection (1) may require a ship, or each ship included in a class of ships, to carry a master of a different designation and to carry different crews:

                     (a)  for different voyages;

                     (b)  for the carriage of different cargoes;

                     (c)  for the performance (whether in port or at sea) of different operations done by, or in relation to, the ship; and

                     (d)  according to whether the ship is in port or at sea.

             (5)  Nothing in this section shall be construed as preventing more than one order under subsection (1) from applying in relation to a ship.

             (6)  The Authority may, by instrument in writing, exempt a ship, or ships included in a class of ships, from the application of an order under subsection (1).

             (7)  An exemption under subsection (6):

                     (a)  is subject to such conditions (if any) as are specified in the exemption; and

                     (b)  may be confined to a particular period or to one or more particular voyages or operations.

             (8)  If an order under subsection (1) is contravened in relation to a ship, or a condition that is applicable to a ship by virtue of an exemption under subsection (6) is contravened, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $2,000.

          (8A)  An offence under subsection (8) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (9)  Where a ship does not carry a master of such designation, and such officers and seamen, as it is required to carry by virtue of an order under subsection (1) or the conditions of an exemption under subsection (6):

                     (a)  the Authority may cause the ship to be detained for the purpose of preventing it from going to sea; or

                     (b)  the Authority may, by notice in writing addressed to the master or owner of the ship and served in accordance with the regulations, require that a specified operation by, or in relation to, the ship shall not commence or shall cease within a time specified in the notice, as the case may be.

           (10)  Nothing in this section shall be construed as preventing the service under paragraph (9)(b) of more than one notice in respect of a ship.

           (11)  If a notice under paragraph (9)(b) is contravened in relation to a ship, the master and owner of the ship are each guilty of a further offence punishable on conviction by a fine not exceeding $5,000.

        (11A)  An offence under subsection (11) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

           (12)  Section 426 applies to orders made under subsection (1) of this section.

           (13)  In the preceding provisions of this section, a reference to a ship shall be read as including a reference to a ship that is intended to be constructed or is in the course of construction and, in either case, is intended to become a ship of a kind referred to in paragraph 10(a), (b) or (c).


 

Division 3Qualifications of masters, officers and seamen

15  Regulations with respect to qualifications of masters, officers and seamen

             (1)  The regulations may specify standards of competence to be attained and other conditions to be satisfied, or specify conditions to be satisfied, by a person in order to be a qualified master, officer or seaman of any designation for the purposes of this Act.

             (2)  Without limiting the generality of subsection (1), the conditions specified in regulations made for the purposes of that subsection may include conditions as to age, character, health, nationality, citizenship or residence, and regulations made for the purposes of that subsection may make provision for and in relation to:

                     (a)  the manner in which:

                              (i)  the attainment of a standard; or

                             (ii)  the satisfaction of a condition;

                            is to be evidenced, including, in particular, the obtaining of certificates and other documents to be held by masters, officers and seamen as evidence that they are qualified masters, officers or seamen of particular designations for the purposes of this Act;

                     (b)  the issue, recall, surrender, replacement, form and recording of such certificates and other documents;

                     (c)  the duration, variation, renewal, suspension and cancellation of such certificates and other documents;

                     (d)  the instruction, training and examination of masters, officers and seamen, including the gaining of sea service and other experience, and the conduct of examinations, the conditions for admission to examinations and the appointment and remuneration of examiners;

                     (e)  the recognition, for the purposes of this Act, in whole or in part and whether conditionally or unconditionally, of certificates and other documents granted or issued to or in respect of masters, officers and seamen under the laws of a State or Territory or of a country other than Australia;

                      (f)  the reconsideration of decisions made under regulations made for the purposes of subsection (1) or under orders made in pursuance of regulations made by virtue of paragraph (h) of this subsection;

                     (g)  the exemption of persons, in whole or in part and whether conditionally or unconditionally, from any requirement in relation to which provision is made by the regulations made for the purposes of subsection (1).

             (3)  In subsection (2), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

16  Unqualified person performing duties of master, officer or seaman

                   A person shall not:

                     (a)  falsely represent himself or herself to be a qualified master, officer or seaman of any designation;

                     (b)  perform duties that, under the regulations and orders, are the duties of a master, officer or seaman of a particular designation if the person is not a qualified master, officer or seaman of that designation; or

                     (c)  take another person into employment to perform duties that, under the regulations and orders, are the duties of a master, officer or seaman of a particular designation if the other person is not a qualified master, officer or seaman of that designation.

Penalty:  $2,000.

17  Certificates to be produced

             (1)  A person who is serving on a ship, or is entering or has entered into an agreement to serve on a ship, as a qualified master, officer or seaman of any designation shall not fail to produce on demand his or her certificates to a proper authority.

Penalty:  $500.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  An offence under subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.


 

Division 4Supplying seamen

32  Penalty for receiving fees for supply of seamen

             (1)  A person shall not demand or receive, directly or indirectly, remuneration for providing, or promising to provide, a seaman with employment on a ship (whether or not it is a ship to which this Part applies).

Penalty:  $1,000.

             (2)  In this section:

seaman includes a person who is seeking employment as a seaman.


 

Division 7Crew work in port

45  Employment of crew in loading and unloading

             (1)  Except as prescribed, a member of the crew of a ship (whether or not it is a ship to which this Part applies) that is engaged in making overseas voyages shall not be employed at a port in Australia in handling cargo or ballast in connexion with the loading or unloading of a ship:

Provided that the regulations shall not allow the employment of the crew of such ship in handling cargo or ballast where a sufficiency of shore labour is available.

          (1A)  The rates of wages to be paid in any port in Australia to shore labourers employed in handling cargo or ballast in connexion with the loading or unloading of any such ship shall be not less than the rates in any scale prescribed, under an award or agreement (if any) made or agreed to under any law of the Commonwealth or of a State or the Northern Territory, for the payment of such labour at that port.

Penalty (on master, owner, agent or charterer) for any offence against subsection (1) or (1A):            $2,000.

          (1B)  If a sufficiency of shore labour cannot be obtained at such rates of wages it shall, for the purposes of this section, be deemed to be not available, and, in that case, the crew may be employed to the extent of the insufficiency.

             (2)  The regulations may forbid the employment, except as prescribed, of members of the crew of a ship that is engaged in making inter-State voyages in handling cargo or ballast in connexion with the loading or unloading of ships.


 

Division 8Engagement of seamen

46  Engagement of seamen

             (1)  Where a seaman is engaged to serve on a ship the master of the ship shall not take the ship to sea with that seaman as a member of the crew of the ship, and the owner of the ship shall not suffer or permit the ship to be so taken to sea, unless the master has entered into an agreement with the seaman in accordance with this section.

Penalty:  $2,000.

             (2)  The agreement:

                     (a)  shall, subject to subsection (2A), be in the prescribed form or, if an agreement in another form is already in force between the master and other members of the crew, in the other form;

                     (b)  shall be prepared in duplicate and signed first by the master and then by the seaman; and

                     (c)  shall be dated:

                              (i)  if the agreement is entered into when the crew is first engaged—as at the time the master signs; or

                             (ii)  in any other case—as at the time the seaman signs.

          (2A)  The Authority may, if it is satisfied that there are special reasons for so doing, approve an agreement under this section between the master of a ship and a seaman, being in a form other than that required by paragraph (2)(a).

             (4)  An agreement under this section may, with the approval of a proper authority, include any lawful provisions agreed upon between the master and seaman in addition to the provisions specified in the prescribed form.

          (4A)  An agreement under this section between the master of a ship and a seaman may include provision for or in relation to the observance by the parties to the agreement of a code of conduct.

47  Persons unsuitable for engagement

             (1)  The Marine Council may determine that the character of a person is such, or the conduct of a person has been such, that the person is unsuitable for engagement as a seaman.

             (2)  The Marine Council shall revoke the determination if it is satisfied that the person is no longer unsuitable for engagement as a seaman.

             (3)  The Marine Council shall exercise its powers under subsections (1) and (2) in accordance with such rules and principles as are prescribed.

             (4)  Regulations made for the purposes of subsection (3) may prescribe that, if it is established that the character of a person is such, or the conduct of a person has been such, as is specified in the regulations, the Marine Council must determine that the person is unsuitable for engagement as a seaman.

             (5)  The Marine Council shall:

                     (a)  immediately give written notice of:

                              (i)  the making of a determination under subsection (1); or

                            (iii)  the revocation of the determination;

                            to the person to whom the determination relates; and

                     (b)  take such steps as the Marine Council considers appropriate to bring the event referred to in subparagraph (a)(i) or (iii) to the attention of persons concerned with the engagement of seamen.

             (6)  Where the Marine Council makes a decision refusing to revoke a determination, the Marine Council shall give notice in writing of the decision to the person to whom the determination relates.

             (7)  A person who knows that a determination under subsection (1) is in force in relation to him or her shall not engage as a master or seaman or join or re-join the crew of a ship.

Penalty:  $2,000.

             (8)  A master, owner or agent who knows that a determination under subsection (1) is in force in relation to a person shall not take the person into employment as a master or seaman or permit the person to join or re-join the crew of a ship.

Penalty:  $2,000.

48  Report of circumstances rendering person unsuitable for engagement

                   Where the character of a seaman is such, or the conduct of a seaman has been such, that the seaman is, in the opinion of a master, unsuitable for engagement as a seaman, the master shall report the circumstances to a superintendent and, if practicable, immediately inform the seaman of the report.

48A  Minimum age for employment at sea

             (1)  Except as provided by the regulations, a person shall not engage another person for service at sea in any capacity unless that other person has attained the age prescribed in respect of that capacity.

Penalty:  $1,000.

50  Period of agreements

             (1)  An agreement under section 46 may be made for a voyage, or, if the voyages of the ship average less than 6 months in duration, may be made to extend over 2 or more voyages, and agreements so made to extend over 2 or more voyages are in this Act referred to as running agreements.

             (2)  A running agreement shall not extend beyond 6 months from the date thereof:

Provided that every such agreement shall, subject to subsections (3), (4) and (5), remain in force until the ship’s arrival at its port of destination, and the crew shall be considered engaged when the agreement is first signed, and discharged when the employment ends.

             (3)  When a ship, the crew of which have been engaged under a running agreement which has been in force more than 6 months, reaches a port in Australia other than its port of destination, and the ship is not then proceeding, either directly or by intermediate ports, to the port of discharge mentioned in the agreement, the master may discharge any seaman, and any seaman may obtain his or her discharge.

             (4)  No seaman shall be discharged, nor be entitled to be discharged, under subsection (3), unless he or she has received from, or given to, the master, on any day other than Saturday and at least 24 hours before the ship leaves the port, 24 hours’ notice of the proposed or required discharge.

             (5)  Any seaman discharged, or who claims his or her discharge, under subsection (3), shall be entitled to receive from the master or owner:

                     (a)  a free passage to the proper return port of the seaman;

                     (b)  wages, at the rate provided for in his or her agreement, until he or she arrives at the proper return port;

                     (c)  where a passage to the proper return port is not made available to the seaman at the time he or she is discharged and it is necessary for the seaman to obtain accommodation ashore, an allowance for victualling and accommodation at the rate of $2 per day or at such other rate as is provided for in the seaman’s agreement, whichever is the higher, for the period during which it is necessary for the seaman to reside ashore and until the passage to the proper return port is made available; and

                     (d)  where the passage provided to the proper return port is otherwise than by sea, an allowance for victualling at the rate of $1.50 per day or at such other rate as is provided for in the seaman’s agreement, whichever is the higher, for the period occupied by the journey:

Provided that if his or her return to the proper return port is delayed by any act or default of the seaman, he or she shall not be entitled to wages or allowance for victualling and accommodation during the period of the delay.

             (6)  Victualling and accommodation allowances provided for in this section may be sued for and recovered by the seaman in the same manner as wages.

52  Owner or master to furnish details of crew of ship

             (1)  The owner or master of a ship to which this Part applies shall, at such times as are required by the Authority, furnish to a prescribed person such details of, and such details of changes in, the crew of the ship as are prescribed.

Penalty (on owner and master):   $1,000.

             (2)  An offence under subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

53  Copy of agreement to be posted up

             (1)  The master of a ship shall cause a legible copy of the agreement (being a copy which does not contain the names or signatures of, or particulars relating to, the master and members of the crew of the ship) to be posted up in a part of the ship to which all members of the crew have access and shall use all reasonable precautions to keep the copy so posted up until the termination of the agreement.

Penalty:  $1,000.

             (2)  A person commits an offence if:

                     (a)  a copy of an agreement has been posted under subsection (1); and

                     (b)  the person does an act; and

                     (c)  the act results in the defacing or destruction of the agreement.

Penalty:  $500.

             (3)  Strict liability applies to paragraph (2)(a).

Note:          For strict liability, see section 6.1 of the Criminal Code.

54  Agreements to be delivered to proper authority

                   The master of a ship shall, within 7 days after the discharge of the ship’s crew, deliver the agreement, or a copy of it, to a proper authority.

Penalty:  $1,000.

55  Erasures and alterations

             (1)  Every erasure, interlineation or alteration in the agreement, shall be wholly inoperative unless proved to have been made with the consent of all the persons interested in the erasure, interlineation, or alteration.

             (2)  A certificate signed by a proper authority that an erasure, interlineation or alteration in an agreement was made with the consent of all the persons interested is, in all courts, evidence of the matter certified to.

56  Offences

                   Any person who:

                     (a)  fraudulently alters an agreement, or

                     (b)  makes a false entry in an agreement, or

                     (c)  delivers a false copy of an agreement;

shall be guilty of an offence punishable on conviction by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both.

57  Evidence as to agreement

                   A seaman may, in any proceeding, bring forward evidence to prove the contents of the agreement, or otherwise to support his or her case, without producing or giving notice to produce the agreement or a copy thereof.

59  Obligation as to seaworthiness

                   In every contract of service, express or implied, between:

                     (a)  the owner of a ship and the master; or

                     (b)  the owner or master and a seaman;

there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship that the owner and the master, and every agent charged with loading the ship or preparing the ship for sea or sending the ship to sea, shall use all reasonable means to insure the seaworthiness of the ship for the voyage at the time when the voyage begins, and to keep the ship in seaworthy condition for the voyage during the voyage.

59A  Abolition of defence of common employment

             (1)  Where injury or damage is suffered by a seaman by reason of the wrongful act, neglect or default of another person engaged in common employment with the seaman, the employer is liable in damages in respect of that injury or damage in the same manner and in the same cases as if they had not been engaged in common employment.

             (2)  This section applies to injury or damage arising from a wrongful act, neglect or default committed after the date of commencement of this section, whether the contract of service was made before or is made after that date.

          (2A)  Notwithstanding sections 2 and 10, this section applies in relation to all ships.

             (3)  In this section, seaman includes master.

59B  Shipowner not entitled to limit liability in respect of certain claims

             (1)  In this section:

Convention has the same meaning as in the Limitation of Liability for Maritime Claims Act 1989.

             (2)  The owner of a ship is not entitled to limit his, her or its liability in respect of any claim of a kind specified in paragraph (1)(a) of Article 2 of the Convention made by:

                     (a)  a servant of the owner whose duties are connected with the ship; or

                     (b)  any heir or dependant of the servant or any other person who is, within the meaning of paragraph (e) of Article 3 of the Convention, a person entitled to make such a claim.


 

Division 9Discharge of seamen

61  Provision of discharges to seamen

                   When a seaman is discharged from a ship, the master of the ship shall:

                     (a)  sign and give to the seaman a discharge in accordance with the prescribed form; and

                     (b)  return to the seaman any previous discharge of the seaman in the possession of the master.

Penalty:  $1,000.

62A  Discharge of seamen outside Australia

             (1)  The master of a ship shall not, at a port outside Australia, discharge a seaman from the ship unless:

                     (a)  the master has given the seaman such notice as is reasonable in the circumstances of the master’s intention to discharge the seaman; and

                     (b)  in a case where the seaman has requested the master to obtain the approval of a proper authority to the discharge—a proper authority has approved the discharge.

Penalty:  $1,000.

             (2)  A proper authority may withhold his or her approval to the discharge of a seaman under subsection (1) if he or she is of the opinion:

                     (a)  that the discharge cannot be effected except in contravention of the agreement with the seaman, of a provision of this Act or of a law of the country in which the discharge is to be made; or

                     (b)  that the discharge of the seaman would be unjust.

             (3)  If a ship is sold, transferred or otherwise disposed of while the ship is at a port in a country other than a prescribed country, the master shall, notwithstanding anything contained in the ship’s agreement, discharge each seaman entered on board the ship other than a seaman who consents in writing to continue to serve on the ship.

             (4)  Subsection 50(5) applies to and in relation to a seaman discharged in pursuance of subsection (3) of this section as if that seaman had been discharged in pursuance of subsection 50(3).

63  False discharges

                   No person shall give to any seaman a discharge which falsely indicates the capacity in which the seaman actually served or the time during which the seaman served in that capacity.

Penalty:  $2,000.

68  Offences in relation to certificates of discharge

             (1)  A person shall not:

                     (a)  sign or give a false certificate of discharge;

                     (b)  forge or fraudulently alter a certificate of discharge;

                     (c)  fraudulently use, or fraudulently produce to a proper authority, a certificate of discharge that is forged, is altered or does not relate to the person; or

                     (d)  allow a person to use fraudulently a certficate of discharge that does not relate to the last-mentioned person.

Penalty:  $5,000 or imprisonment for 2 years, or both.

             (2)  In this section:

certificate of discharge includes a copy of such a certificate.


 

Division 10Seamen’s wages

70  Allotment of seaman’s wages

             (1)  Subject to this section, a seaman who is engaged in Australia for service in a ship may make stipulations for the allotment and payment of portion of his or her wages as a seaman:

                     (a)  a person who is or is stated by the seaman to be:

                              (i)  the grandparent, parent, wife, husband, brother, sister, child or grandchild of the seaman; or

                             (ii)  a person towards the maintenance of whom the seaman contributes; or

                     (b)  a bank.

             (2)  Except by agreement with the master of the ship on which he or she engages to serve, a seaman is not entitled to make stipulations under this section for the allotment of a portion of his or her wages which, or of portions of his or her wages the total of which, is greater than three-fourths of the wages.

             (3)  A stipulation under this section is of no force unless:

                     (a)  an allotment note in the prescribed form, or in a form approved by the Authority by instrument in writing, is signed by the master and the seaman; and

                     (b)  the sum allotted is specified in the agreement with the seaman.

             (4)  A seaman engaged in Australia for service in a ship shall not make stipulations for the allotment and payment of his or her wages, or any portion of his or her wages, otherwise than in accordance with this section.

71  Right to sue upon allotment notes

             (1)  When an allotment note is made in favour of any person, he or she may sue for and recover the wages allotted by it, when and as they are made payable, with costs, from any person who has authorized the drawing of the note, in a County Court, District Court, or Local Court of any State, or in a court of summary jurisdiction.

             (2)  In any such proceeding, it shall be sufficient for the claimant to prove that he or she is the person mentioned in the note, and that the note was given by the owner or master, or some authorized agent; and the seaman shall be presumed to be duly earning his or her wages unless the contrary is shown to the satisfaction of the Court by:

                     (b)  a certified copy of some entry in the official log-book to the effect that he or she has left the ship; or

                     (c)  such other evidence as the Court, in its absolute discretion, considers sufficent to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid.

             (3)  No recovery shall be made on an allotment note if the seaman is shown, in manner aforesaid, to have forfeited or ceased to be entitled to the wages out of which the allotment is to be paid.

72  Commencement of payment

             (1)  Payment under an allotment note shall, except as provided by subsection (2), begin at the expiration of one month from the date of the agreement and shall be made at the expiration of every subsequent month after the first month, and shall be made only in respect of wages earned before the date of payment.

             (2)  By agreement with the master an allotment note may be granted to a seaman providing for payment at a period earlier than one month from the date of the agreement and at intervals more frequent than one month.

73  Allotment to banks

                   An allotment to a bank shall be in favour of such persons, and carried into effect in such manner, as is prescribed.

75  Payment of wages on discharge

             (1)  Where a seaman is discharged, the seaman shall, before or at the time of discharge, be paid the amount of wages due up to that time, less any deductions specified in the account required to be delivered under subsection 76(1).

Penalty (on the owner and master):   $1,000.

             (3)  It is a defence to a prosecution for an offence against subsection (1) if the person charged proves that the failure to pay to the seaman the amount of his or her wages in accordance with that subsection was due to the seaman’s act or default, to a reasonable dispute as to liability for those wages or to any other cause not attributable to the wrongful act or default of the person charged or of any person acting on his or her behalf.

75A  Computation of wages

             (1)  Where the wages of a seaman are payable at a rate per month, a month shall, for the purposes of this Act, be deemed to be:

                     (a)  the period from and including a day in one calendar month to and including the day before the numerically corresponding day in the next succeeding month; or

                     (b)  where there is not in the next succeeding month a day numerically corresponding to the day in the first-mentioned month, the period from and including the first-mentioned day to and including the last day of that next succeeding month.

             (2)  In the calculation of the wages of a seaman for a period of less than a month, being wages payable at a rate per month, each day in that period shall, for the purposes of this Act, be deemed to be one-thirtieth part of a month.

76  Account of wages on discharge

             (1)  The master of a ship who discharges a seaman at any port shall deliver to the seaman at the prescribed time and in the prescribed form or in a form approved by the Authority by instrument in writing, a full and true account of the wages of the seaman and of the deductions made or to be made for any reason from those wages.

Penalty:  $1,000.

             (3)  Subject to subsection (5), the master shall during the voyage enter in a book to be kept for that purpose, as they occur, the various matters in respect of which any deductions from wages are made and the amounts of the respective deductions which shall be initialed or signed by the seaman and no deduction shall be allowed unless so entered.

             (4)  The Authority may disallow any such deduction.

             (5)  The Authority may, by instrument in writing, direct that, subject to such conditions (if any) as are specified in the direction, subsection (3) does not apply in relation to the master of a specified ship or the master of a ship included in a specified class of ships.

77  Time for payment of wages

             (1)  Subject to any provision to the contrary in his or her agreement and to subsection (2), a seaman entered on board a ship shall, after all lawful deductions have been made:

                     (a)  be paid, on the first day of each month, the wages earned by the seaman during the period that commenced on the sixteenth day, and ended on the last day, of the month last preceding that month; and

                     (b)  be paid, on the sixteenth day of each month, the wages earned by the seaman during the period that commenced on the first day, and ended on the fifteenth day, of that month.

             (2)  Where, on a day on which a seaman is required to be paid wages under subsection (1), the ship on which he or she is entered is not in port, or is in a port at which there is no bank, the seaman shall be paid the wages within a period of 24 hours after the arrival of the ship at a port at which there is a bank.

             (3)  Subject to subsection (5), if a payment of wages is not made to a seaman at or before the time when the payment is required to be made to the seaman under the preceding provisions of this section, he or she is entitled to recover from the owner or master of the ship, in addition to the wages due to the seaman, a sum equal to 2 days’ pay for each of the days, not including days in excess of 14, during which payment of the wages is delayed beyond that time or such lesser sum as the Court thinks just in the circumstances.

             (4)  An amount which a seaman is entitled to recover under subsection (3) may be recovered in the same Court and in the same manner as wages due to the seaman.

             (5)  It is a defence to an action for the recovery of an amount under subsection (3) if the person against whom the action is brought satisfies the Court:

                     (a)  that:

                              (i)  the seaman became entitled to the payment of wages on a day on which it was impracticable for moneys with which to pay the wages to be obtained by the master from a bank in the port in which the ship lay; and

                             (ii)  the wages were paid as soon as practicable after that day; or

                     (b)  that the delay in payment of the wages was due to the seaman’s act or default, to a reasonable dispute as to liability for the wages or to any other cause not attributable to the wrongful act or default of the owner or master of the ship.

             (6)  In this section:

wages, in relation to a seaman, does not include a payment or allowance for the working of overtime or any other payment or allowance not included in the ordinary wages of the seaman.

78  Wages to run on in certain cases

                   If a seaman’s wages are not paid in accordance with section 75 before or at the time the seaman is given his or her discharge from a ship, the seaman’s wages shall continue to run until the time of the final settlement of his or her wages (and shall be payable at double rates for any period after the time the seaman is given his or her discharge from the ship) unless the delay is due to the seaman’s act or default, to a reasonable dispute as to liability for the wages or to any other cause not attributable to the wrongful act or default of the owner or master of the ship.

81  Reference of differences to superintendent

             (1)  A master or owner may agree with a seaman to refer a question which has arisen between them to a superintendent for his or her decision.

             (2)  A superintendent may hear and decide a question referred to him or her under subsection (1).

             (3)  An agreement referred to in subsection (1) shall, unless the contrary intention appears from the agreement, be deemed to contain a provision that the decision of the superintendent shall be final and binding on each party to the agreement and a person claiming under such a party.

             (4)  A superintendent who gives a decision on a question referred to him or her under this section shall record that decision in a document under his or her hand and that document is admissible in evidence.

82  Commencement of right to wages

             (1)  Subject to this Act, a seaman’s right to wages begins:

                     (a)  at the time at which he or she commences work; or

                     (b)  at the time specified in his or her agreement for his or her commencement of work or presence on board;

whichever is the earlier.

             (2)  If the engagement of a seaman for service on a ship terminates and, on the same day, the seaman is engaged again for service on the same ship, he or she is not entitled to wages in respect of that day under both engagements, but, if the seaman works under the new engagement on that day and the rate of his or her wages under the new engagement is higher than the rate of his or her wages under the old engagement, he or she is entitled to wages in respect of that day at the higher rate.

83  Recovery of wages

             (1)  No seaman shall, by any agreement:

                     (a)  be deprived of any remedy for the recovery of his or her wages; or

                     (b)  forfeit his or her lien upon the ship for his or her wages; or

                     (c)  abandon his or her right to wages in case of the loss of the ship; or

                     (d)  abandon any right that he or she may have or obtain in the nature of salvage.

             (2)  The lien for seamen’s wages shall have priority over all other liens.

             (3)  Every stipulation in any agreement, inconsistent with any provision of this Act, shall be void.

             (4)  Nothing in this section shall apply to a stipulation made by any seaman, belonging to a ship which according to the terms of the agreement is to be employed exclusively on salvage service, with respect to the remuneration to be paid to the seaman for salvage service to be rendered by that ship to any other ship.

84  Wages not to be dependent on the earning of freight

                   The right to wages shall not depend on the earning of freight; and every seaman who would be entitled to demand and recover any wages, if the ship in which the seaman has served had earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover his or her wages, notwithstanding that freight has not been earned.

But in all cases of wreck or loss of the ship, proof that any seaman has not exerted himself or herself to the utmost to save the ship, human life, cargo, stores, and equipment, shall bar his or her claim to wages.

85  Right to conveyance and wages in case of termination of services by wreck or loss

             (1)  Where the service of a seaman belonging to a ship is terminated, before the time contemplated in the seaman’s agreement, by reason of the wreck or loss of the ship, the seaman is, subject to this section, entitled to:

                     (a)  conveyance, by or at the cost of the owner of the ship, to the proper return port of the seaman; and

                     (b)  wages, at the rate payable on the day of the termination of the seaman’s services, in respect of each day during the period commencing on the day after the day of the termination of the seaman’s service to the day on which he or she reaches the port to which the seaman is so conveyed and for a period of one month after he or she reaches that port.

             (2)  A seaman is not entitled to wages in respect of a day on which the seaman’s conveyance is delayed by his or her own act, default or neglect.

             (3)  Where:

                     (a)  the period for which a seaman is entitled to wages under subsection (1) is less than 2 months; and

                     (b)  the seaman is unemployed after he or she reaches the port to which he or she is conveyed under that subsection;

the seaman is entitled to wages, at the rate payable on the day of the termination of his or her service, for each day on which the seaman is so unemployed, not being a day which is more than 2 months after the day on which the seaman’s services were terminated.

             (4)  A seaman is not entitled to wages under subsection (3):

                     (a)  where the owner shows that the unemployment was not due to the wreck or loss of the ship; or

                     (b)  for a day in respect of which the owner shows that the seaman was able to obtain suitable employment.

             (5)  Where a seaman whose service is terminated by the wreck or loss of the ship was engaged by the run, the seaman is entitled to the wages to which he would have been entitled if the agreement had not been terminated until the end of the run, subject to all just deductions.

             (6)  In this section:

seaman includes a person employed or engaged in any capacity on board the ship, but, in the case of a ship which is a fishing vessel, does not include a person who is entitled to be remunerated only by a share in the profits or the gross earnings of the working of the ship.

wages includes such allowances as are prescribed.

88  Compensation for premature discharge

             (1)  If a seaman is discharged, otherwise than in accordance with the terms of his or her agreement or the provisions of this Act, without fault on the part of the seaman justifying that discharge, and without the seaman’s consent, the seaman shall be entitled to receive from the master or owner, in addition to any wages the seaman has earned, compensation not being less than one month’s wages, and may recover that compensation as if it were wages duly earned.

             (2)  If the seaman is so discharged elsewhere than at the proper return port of the seaman, the provisions of subsections 50(5) and (6) shall also apply as if the seaman had been discharged in pursuance of subsection 50(3).

91  Jurisdiction as to wages

             (1)  The Supreme Court of any State, and, to the extent that the Constitution permits, the Supreme Court of the Australian Capital Territory or the Supreme Court of the Northern Territory and any Court having civil jurisdiction in respect of the amount of the claim, shall have jurisdiction to try and determine the following causes:

                     (a)  Any claim by or on behalf of a seaman of a ship for wages earned by the seaman on board the ship, whether under a special contract or otherwise;

                     (b)  Any claim by or on behalf of the master of a ship for wages earned by the master on board the ship, and for disbursements made by the master on account of the ship.

93  Wages not recoverable abroad in certain cases

             (1)  Where a seaman is engaged in Australia for a voyage or engagement which is to terminate in Australia the seaman shall not be entitled to sue in any Court abroad for wages, unless the seaman is discharged with such sanction as is required by law and with the written consent of the master or proves such ill-usage on the part or by the authority of the master as to warrant reasonable apprehension of danger to his or her life or health if the seaman were to remain on board.

             (2)  If a seaman, on his or her return to Australia, proves that the master or owner has been guilty of any conduct or default which, but for this section, would have entitled the seaman to sue for wages before the termination of the voyage or engagement, the seaman shall be entitled to recover, in addition to his or her wages, such compensation as the Court hearing the case thinks reasonable.

94  Master’s remedies for wages

             (1)  The master of a ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of his or her wages as a seaman has by law or custom.

             (2)  The master of a ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of disbursements or liabilities properly made or incurred by the master on account of the ship as a master has for the recovery of his or her wages.

             (3)  If in any proceeding in any Court touching the claim of a master in respect of wages, or of such disbursements or liabilities as aforesaid, any right of set-off or counter-claim is set up, the Courts may enter into and adjudicate upon all questions and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding, and may direct payment of any balance found to be due.


 

Division 12Discipline

99  Conduct likely to result in danger to ship or life

                   The master or seaman of a ship commits an offence if:

                     (a)  the master or seaman engages in conduct; and

                     (b)  the master or seaman:

                              (i)  is in breach of his or her duty; or

                             (ii)  is drunk at the time of the conduct; and

                     (c)  the conduct is likely to result in:

                              (i)  the immediate loss, destruction or serious damage to the ship or cargo of the ship; or

                             (ii)  immediate danger to the life or limb of a person belonging to or on board the ship.

Penalty:  $5,000 or imprisonment for 2 years.

101  Smuggling by crew

             (1)  If a seaman commits any act of smuggling by which loss or damage is occasioned to the master or owner of the ship, the seaman may be ordered by any court of summary jurisdiction to pay to the master or owner a sum sufficient to recoup the loss or damage, and that sum may, without prejudice to any other remedy, be deducted from any wages due to the seaman.

             (2)  Nothing in this section shall relieve any seaman from any penalty incurred on account of any act of smuggling.

104  Stowaways and distressed seamen

             (1)  No person shall secrete himself or herself and go to sea in a ship (whether or not it is a ship to which this Part applies) without the consent of some person entitled to give that consent.

Penalty:  $1,000.

             (2)  Every person whom the master of a ship is legally compelled to convey, and every person who goes to sea in a ship without such consent as aforesaid, shall, so long as he or she remains in the ship, be subject to the same laws and regulations for preserving discipline as if he or she were a member of the crew, and had signed the agreement.

110  Return of foreign-going seaman to ship

             (1)  When a seaman belonging to a ship that is about to proceed on an overseas voyage from an Australian port is imprisoned on summary conviction for any term, and his or her ship will leave Australia before the expiration of the seaman’s sentence, the Authority may, with the consent of the seaman, cause the seaman to be delivered to the master of the ship at any time within 24 hours before sailing, and the master shall keep the seaman on board under custody till the ship has left port.

             (2)  All expenses incurred in connexion with such delivery and custody shall be paid by the master.

113  Questions as to deductions

                   Any question concerning deductions from the wages of a seaman may be determined in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect of which the question arises has not been made the subject of any criminal proceeding.


 

Division 13Provisions

116  Bad provisions or water

             (1)  If 3 or more of the crew of a ship consider that their provisions or water are of bad quality, or deficient in quantity, they may complain thereof to a superintendent, who shall examine the provisions and water or cause them to be examined.

             (2)  If the Authority is satisfied, from the report of the superintendent or other official making the examination, that the provisions or water are of bad quality or deficient in quantity, it shall, by writing, require the master to provide provisions and water of good quality, or sufficient in quantity, as the case may be, and to cease to use or supply to the crew any provisions or water found to be of bad quality, and the master shall comply with the requisition.

Penalty (on master):   $2,000.

             (3)  The superintendent or person making the examination shall enter the result thereof in the official log-book.

             (4)  If the Authority certifies that there was no reasonable ground for the complaint, each of the complainants shall be liable to forfeit out of his or her wages a sum not exceeding one week’s wages.

             (5)  For the purposes of subsection (2), any requirement made by the Authority may be made by telegram signed by the Authority and addressed to the master of the ship in question.

117  Provisions adequate for voyage

                   The master of a ship must not undertake a voyage unless the ship is carrying:

                     (a)  water of suitable quality and quantity; and

                     (b)  food of suitable quality, quantity, nutritive value and variety;

having regard to the nature and duration of the voyage and the size of the crew.

117A  Adequate food catering facilities to be provided

                   The owner of a ship must not allow the ship to undertake a voyage unless the ship has catering facilities that are so arranged and equipped as to enable proper meals to be served to the crew.

119  Weights and measures

                   In the event of any dispute as to the quantities of articles served out to the crew of a ship, the master shall cause the quantities to be weighed or measured in the presence of a witness by just and correct weights and measures.

Penalty:  $500.

120  Inspection of provisions and water

             (1)  The Authority may, in any case where it thinks it necessary or desirable so to do, authorize an official to inspect the provisions and water which are on a ship at a port in Australia and are intended for the use of the crew of the ship.

             (2)  If the person so inspecting finds that the provisions or water are not of good quality, the ship shall be detained until provisions or water are supplied to the satisfaction of that person.

             (3)  If any provisions or water are found deficient in quality under this section, the master of the ship shall be guilty of an offence, unless it is proved to the satisfaction of the Court:

                     (a)  that the finding of the inspecting official was not justified; or

                     (b)  that the responsibility for the defects in the provisions or water rests upon some other person.

Penalty:  $1,000.

             (4)  The owner of any ship, or the agent of the owner, or any other person, supplying or causing to be supplied provisions or water which are afterwards found deficient under this section shall be guilty of an offence unless it is proved to the satisfaction of the Court:

                     (a)  that the provisions or water were not deficient when supplied; or

                     (b)  that when the provisions or water were supplied he or she did not know and had no reasonable cause to believe that they were deficient in quality, and had taken reasonable precautions to ascertain that they were not so deficient.

Penalty:  $1,000.

122  Disposal of bad provisions

                   All provisions examined or inspected under this Division and found to be of bad quality shall be disposed of as the Authority directs.


 

Division 14Health

123  Medical Inspectors of Seamen

             (1)  The Authority may appoint a person who is a duly qualified medical practitioner to be a Medical Inspector of Seamen.

             (2)  Before the examination of a person by a Medical Inspector of Seamen for the purposes of this Act, the person at whose request the examination is to be made shall pay the prescribed fee.

124  Medical examination of masters and seamen

             (1)  The regulations may make provision for or in relation to the medical examination of, and the issue of certificates of fitness to, masters, seamen and persons proposing to engage in employment as masters or seamen.

             (2)  The regulations made by virtue of subsection (1) may include provisions prohibiting the engagement of a person as a master or seaman unless that person is the holder of a certificate issued under those regulations.

125  Medicines etc. to be carried on ships

             (1)  The master of a ship shall not take the ship to sea, and the owner or agent of the ship shall not permit the ship to be taken to sea, unless the ship is provided, in accordance with the regulations, with:

                     (a)  medicines, medical and surgical stores and appliances and anti-scorbutics; and

                     (b)  instructions for dispensing and using medicines, medical and surgical stores and appliances.

Penalty:  $2,000

             (2)  It is a defence to a prosecution for an offence against subsection (1) if the person charged with the offence satisfies the court in which the prosecution is brought that the failure to comply with the subsection was not due to any act or default on his or her part.

126  Inspection of medicines

             (1)  The Authority may nominate any duly qualified person to inspect the medicines, medical and surgical stores, and anti-scorbutics, required by this Part to be carried.

             (2)  The master, on being required by that person, shall make good any deficiency in quantity or quality of such articles.

Penalty:  $2,000 or imprisonment for 12 months, or both.

127  Owner liable for medical attendance etc.

             (1)  If a seaman belonging to a ship:

                     (a)  receives a hurt or injury, or contracts a disease; or

                     (b)  suffers from any illness, not being an illness due to a wilful act or default, or to misbehaviour, on the part of the seaman;

and the seaman is not at his or her proper return port, the expense of:

                     (c)  providing the necessary surgical and medical advice and attendance, and medicine, until the seaman is cured, dies or arrives at that port;

                     (d)  the maintenance of the seaman until he or she is cured, dies or arrives at that port;

                     (e)  the conveyance of the seaman to that port; and

                      (f)  if the seaman dies before arriving at that port—his or her burial or, if the seaman’s body is conveyed to that port at the request of a member of his or her family, the conveyance of the seaman’s body to that port;

shall be defrayed by the owner of the ship without deduction from the wages of the seaman.

             (2)  For the purposes of subsection (1), where a seaman suffers from a venereal disease, that disease shall not be deemed to be due to a wilful act or default, or to misbehaviour, on the part of the seaman.

             (3)  If:

                     (a)  a seaman belonging to a ship is suffering from a disease or illness; and

                     (b)  the seaman is, for the purpose of preventing infection or otherwise for the convenience of the ship, temporarily removed from his or her ship;

the expense of:

                     (c)  the removal of the seaman from, and the seaman’s return to, the ship;

                     (d)  providing the necessary surgical and medical advice and attendance, and medicine, while the seaman is away from the ship; and

                     (e)  the maintenance of the seaman while he or she is away from the ship;

shall be defrayed by the owner of the ship without deduction from the wages of the seaman.

             (5)  The expense of all surgical and medical advice and attendance, and medicine, given to a seaman belonging to a ship while the seaman is on board the ship shall be defrayed by the owner of the ship without deduction from the wages of the seaman.

             (6)  Any reasonable expenses incurred by the owner of a ship in respect of:

                     (a)  an illness of a seaman belonging to the ship; or

                     (b)  the burial of such a seaman who dies while on service;

not being expenses which are required to be defrayed by the owner of the ship under the preceding provisions of this section, may be deducted from the wages of the seaman.

             (7)  In this section, seaman includes master.

128  Recovery of expenses from owner

             (1)  If:

                     (a)  any of the expenses attendant on the illness, hurt, or injury of a seaman, which are to be paid under this Act by the master or owner, are paid by any authority on behalf of the Commonwealth; or

                     (b)  any other expenses in respect of the illness, hurt, or injury of any seaman whose wages are not accounted for under this Act to that authority are so paid;

those expenses shall be repaid to the authority by the master of the ship.

             (2)  If the expenses are not so repaid, the amount thereof shall with costs be a charge upon the ship, and be recoverable:

                     (a)  from the master or owner of the ship for the time being; or

                     (b)  where the ship has been lost—from the person who was the owner of the ship immediately prior to the time of its loss or abandonment; or

                     (c)  where the ship has been transferred to some person not being a British subject or a citizen of a prescribed country—either from the owner for the time being or from the person who was the owner at the time of transfer;

as a debt to the Commonwealth, either by ordinary process of law or in the same court and manner as wages due to seamen.

             (3)  In any proceeding for such recovery, a certificate of the facts, signed by the said authority, together with such vouchers (if any) as the case requires, shall be sufficient proof that the expenses were duly paid by that authority.

132  Wages of seaman left on shore sick or injured

             (1)  Where a seaman belonging to a ship is left on shore at his or her proper return port by reason of illness, hurt or injury, the seaman is, subject to this section and section 132B, entitled to receive wages, at the rate fixed by the seaman’s agreement, in respect of each day during the period commencing on the day on which the seaman was left on shore and ending:

                     (a)  on the day of his or her recovery; or

                     (b)  at the expiration of a period of 3 months after the day on which he or she was left on shore;

whichever first occurs.

             (2)  Where a seaman belonging to a ship is left on shore at a port other than his or her proper return port by reason of illness, hurt or injury, the seaman is, subject to this section and section 132B, entitled to receive wages, at the rate fixed by the seaman’s agreement, in respect of each day during the period commencing on the day on which the seaman was left on shore and ending:

                     (a)  in a case in which the seaman arrives at that port before his or her recovery:

                              (i)  on the day of his or her recovery; or

                             (ii)  at the expiration of a period of 3 months after the date of that arrival;

                            whichever first occurs; and

                     (b)  in a case in which the seaman does not arrive at that port before his or her recovery:

                              (i)  when the seaman arrives at that port;

                             (ii)  when the seaman rejoins the ship; or

                            (iii)  when the seaman engages in other employment;

                            whichever first occurs.

             (3)  If, after the recovery of a seaman entitled to receive wages under subsection (2) and before the seaman arrives at that port:

                     (a)  he or she refuses or fails, without the approval of a proper authority to accept an offer of employment on a ship which is proceeding to that port, being employment under the terms of which:

                              (i)  he or she would have been paid wages at a rate not less than the rate fixed by the agreement under which he or she served on the ship from which he or she was left on shore; and

                             (ii)  he or she would have had the right to be discharged on arrival at that port; or

                     (b)  the seaman refuses or fails, without reasonable excuse, to rejoin the ship from which he or she was left on shore or to accept conveyance back to that port by or at the cost of the owner of that ship;

the seaman is not entitled to receive wages in respect of any period after that refusal or failure.

             (4)  A seaman who, before his or her recovery, is fit to travel is not entitled to wages under subsection (2) in respect of a day on which the seaman’s conveyance to the seaman’s proper return port by or at the cost of the owner of the ship from which he or she was left on shore is delayed by an act, default or neglect on the part of the seaman.

          (4A)  Where a seaman becomes entitled to receive wages under this section but dies before he or she ceases to be so entitled, the period in respect of which the seaman is entitled so to receive wages is the period commencing on the day on which he or she was left on shore and ending on the day of his or her death.

             (5)  If:

                     (a)  a seaman who is left on shore from a ship is not paid wages to which the seaman is entitled under subsection (1) or (2); or

                     (b)  a seaman who is left on shore at a port other than that port, being a seaman who is entitled to be paid wages under subsection (2), is brought or taken back to that port at the direction of the owner or agent of the ship at a time before his or her recovery when the seaman is not fit to travel;

the owner and agent of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $2,000.

          (5A)  An offence under subsection (5) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (6)  A seaman is entitled to wages under this section by reason of an illness, hurt or injury only if the illness, hurt or injury:

                     (a)  is not due to a wilful act or default, or to misbehaviour, on the part of the seaman;

                     (b)  is such as to incapacitate the seaman wholly from the performance of his or her duty;

                     (c)  is, or appears to be, of such a nature as to require, or to be likely to require, medical treatment for a period exceeding 7 days from and including the day on which the seaman became so incapacitated; and

                     (d)  was not knowingly concealed by the seaman from the person who employed or engaged the seaman at the time the seaman was employed or engaged.

          (6A)  A seaman is not entitled to wages under this section by reason of an illness, hurt or injury, occurring after the day on which this subsection commences, if the seaman is entitled to compensation under Division 3 of Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 in respect of that illness, hurt or injury.

          (6B)  A seaman can be taken, for the purposes of subsection (6A), to be entitled to compensation under Division 3 of Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 even though the seaman:

                     (a)  has failed to give written notice of the illness, hurt or injury under section 62 of that Act; or

                     (b)  has failed to make a claim for compensation under section 63 of that Act.

          (6C)  If:

                     (a)  a seaman is left on shore by reason of illness, hurt or injury; and

                     (b)  the owner:

                              (i)  considers the seaman is entitled to compensation under the Seafarers Rehabilitation and Compensation Act 1992; and

                             (ii)  because of the operation of subsection (6A), intends not to pay wages in respect of any period during which the seaman is left on shore;

the owner must advise the seaman, by notice in writing given to the seaman, of that intention.

          (6D)  A notice given under subsection (6C) is not to be taken as a determination of liability under section 73 of the Seafarers Rehabilitation and Compensation Act 1992.

             (7)  For the purposes of paragraph (6)(a), where a seaman suffers from a venereal disease, that disease shall not be deemed to be due to a wilful act or default, or to misbehaviour, on the part of the seaman.

             (8)  In this section:

agreement, in relation to the master of a ship, means the agreement made by the master to serve on the ship.

recovery, in relation to a seaman, means the recovery of the seaman as certified by a Medical Inspector of Seamen or any other duly qualified medical practitioner.

seaman includes master.

132A  Security for expenses and wages of seaman left behind

             (1)  A proper authority may require the owner, agent or master of a ship from which a seaman is left on shore:

                     (a)  to deposit with the proper authority such sum as the proper authority considers necessary to cover the liability, or expected liability, of the owner in respect of the seaman under section 127 or section 132; or

                     (b)  to give security for the payment by the owner of amounts for which the owner is, or may become, liable in respect of the seaman under either of those sections.

             (2)  A person shall comply with a requirement made by a proper authority under subsection (1).

Penalty:  $1,000.

          (2A)  An offence under subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  An amount deposited with a proper authority under subsection (1) may be expended by the proper authority in discharging the liabilities in respect of which it was deposited and the balance, if any, shall be paid to the person by whom it was deposited.

             (4)  In this section, seaman includes master.

132B  Seaman left on shore to furnish address and to report for medical examination

             (1)  A seaman who is left on shore and is entitled to receive wages under section 132 shall inform a proper authority of his or her address and, if the seaman changes his or her address, shall inform the proper authority of his or her new address.

             (2)  If, at the expiration of a period of 48 hours after being left on shore or after the change of address, as the case may be, the seaman, without reasonable excuse, fails to inform the proper authority of his or her address or new address, as the case may be, the seaman is not entitled to receive wages under section 132 in respect of any period after the expiration of the period of 48 hours and before he or she so informs the proper authority.

             (3)  The owner, agent or master of a ship may, by notice in writing given to a seaman who:

                     (a)  has been left on shore from the ship;

                     (b)  is entitled to receive wages under section 132; and

                     (c)  is not an in-patient in a hospital;

direct the seaman to submit himself or herself for medical examination to a duly qualified medical practitioner specified in the notice at or before such time as is so specified and, if the seaman, without reasonable excuse, fails to submit himself or herself for medical examination to the medical practitioner at or before that time, the seaman is not entitled to receive wages under that section in respect of any period after that time and before he or she submits himself or herself for medical examination to that medical practitioner or to such other duly qualified medical practitioner as the owner, agent or master directs.

             (4)  Nothing in this section affects the entitlement of a seaman to wages under section 132 in respect of a period during which the seaman is an in-patient in a hospital.

             (5)  In this section, seaman includes master.

133  Medical practitioners and first aid attendants

             (1)  The owner or master of every:

                     (a)  ship proceeding on an overseas voyage; or

                     (b)  other ship on a passage between 2 consecutive ports which exceeds such distance as is prescribed;

having 100 persons or upwards on board shall cause to be carried as part of its complement, a duly qualified medical practitioner.

             (2)  The owner or master of every:

                     (a)  ship proceeding on an overseas voyage; or

                     (b)  other ship on a passage between 2 consecutive ports which exceeds such distance as is prescribed;

having more than 10 and less than 100 persons on board, and not carrying a duly qualified medical practitioner as part of its complement, shall cause to be carried as part of its complement a person certified to by a Medical Inspector of Seamen or a prescribed authority as qualified to render “first aid”.

Penalty:  $2,000 or imprisonment for 12 months, or both.

134  Regulations to give effect to the Medical Examination (Seafarers) Convention 1946

             (1)  The regulations may make provision for, or in relation to, giving effect to the Medical Examination (Seafarers) Convention 1946 adopted by the General Conference of the International Labour Organisation on 29 June 1946.

             (2)  If a provision of the Convention applies only to a particular class of ships or to ships engaged on a particular class of voyages, a regulation that gives effect to that provision may be applied to ships of any other class or to ships engaged in any other class of voyages.

             (3)  Section 2 does not apply to a regulation made for the purposes of this section.

             (4)  Regulations and orders giving effect to the Convention do not apply to a ship referred to in paragraph 2(1)(a), (b), (c) or (d) to the extent that a law of a State or of the Northern Territory gives effect to the Convention in relation to that ship.


 

Division 15Accommodation

135  Application of Division

                   This Division applies subject to any award in force under the Workplace Relations Act 1996 that was made:

                     (a)  in relation to an industrial issue referred to in paragraph 5(3)(b) of that Act; or

                     (b)  under Division 2 of Part III of the Conciliation and Arbitration Act 1904.

136  Regulations relating to accommodation

             (1)  The Governor-General may make regulations prescribing the accommodation to be provided for the master, officers and crew of a ship and, without limiting the generality of the foregoing, prescribing matters for or in relation to:

                     (a)  the minimum amount of space to be provided for each person;

                     (b)  the maximum number of persons to be accommodated in a specified part of a ship;

                     (c)  the part of a ship in which the whole or a part of the accommodation is to be provided;

                     (d)  the requirements to be observed in the construction, furnishing and equipment of the accommodation, including heating, lighting and ventilation;

                     (e)  the maintenance and repair of the accommodation;

                      (f)  the prohibition or restriction of the use of accommodation for a purpose other than that specified;

                     (g)  the provision of hot and cold fresh water;

                     (h)  the provision of bedding, mess utensils, towels and toilet requisites;

                      (i)  the inspection of the accommodation;

                      (j)  the submission of plans and specifications relating to the provision or alteration of accommodation; and

                     (k)  the modification of a provision of the regulations in its application to a ship, or the exemption of a ship from the application of a provision of the regulations, where the keel of the ship was laid before the date of commencement of the provision or the ship had reached, before that date, a stage of construction specified in the regulations for the purposes of this paragraph.

             (2)  The regulations may make provision in relation to giving effect to:

                     (a)  the Accommodation of Crews Convention (Revised) 1949 adopted by the General Conference of the International Labour Organisation on 18 June 1949; and

                     (b)  the Accommodation of Crews (Supplementary Provisions) Convention 1970 adopted by the General Conference of the International Labour Organisation on 30 October 1970.

             (3)  If a provision of either Convention applies only in relation to a particular class of ships or in relation to ships engaged on a particular class of voyages, a regulation that gives effect to that provision may be applied to ships of any other class or to ships engaged in any other class of voyages.

             (4)  Section 2 does not have effect in relation to a regulation made for the purposes of this section.

             (5)  Regulations and orders giving effect to the Conventions do not apply in relation to a ship referred to in paragraph 2(1)(a), (b), (c) or (d) to the extent that a law of a State or of the Northern Territory gives effect to the Conventions in relation to that ship.

137  Provision of ventilation and wheel-houses

                   The Authority may require the owner of a ship to provide:

                     (a)  such ventilation of the machinery and boiler spaces of the ship as the Authority considers necessary; and

                     (b)  a wheel-house, or such other shelter, as the Authority considers adequate for the protection of the helmsman.

138  Crew accommodation

             (1)  The Marine Council may:

                     (a)  consider plans for accommodation, or alterations in accommodation, in ships; and

                     (b)  make recommendations to the Minister in relation to the requirements to be prescribed in relation to accommodation in ships.

             (2)  Where:

                     (a)  a question arises as to the accommodation that ought to be provided in a ship by the owner of the ship, either generally or for particular persons in, or in particular parts of, the ship; and

                     (b)  the owner, or an association of seamen that is an organisation within the meaning of Schedule 1B to the Workplace Relations Act 1996, requests the Marine Council to hear and determine the question;

the Marine Council is to inquire into the question and make such order as it considers proper in the circumstances.

             (3)  An order under subsection (2):

                     (a)  must be in writing; and

                     (b)  is not a statutory rule within the meaning of the Statutory Rules Publication Act 1903; and

                     (c)  has effect from the date of effect specified in the order; and

                     (d)  has effect despite anything to the contrary in the regulations in force at the date of effect of the order.

138A  Ships not to go to sea without required accommodation

                   The owner of a ship shall not suffer the ship to go to sea unless the ship is provided with the accommodation, wheel-house or other shelter, and ventilation, with which the ship is required, under or by virtue of this Division, to be provided.

Penalty:  $1,000.

138B  Interpretation

                   In this Division:

accommodation includes sleeping rooms, mess rooms, duty rooms, recreation rooms, store rooms, change rooms, oilskin lockers, galleys, refrigerating chambers, sanitary and lavatory accommodation, hospital accommodation, office accommodation and catering accommodation.


 

Division 16Protection of seamen

139  Facilities for making complaints etc.

             (1)  If a seaman who is a member of the crew of a ship informs the master of the ship that he or she wishes to go ashore:

                     (a)  for the purpose of consulting a proper authority in connexion with a matter related to his or her employment on the ship; or

                     (b)  for a purpose connected with legal proceedings, or proposed legal proceedings, against the master or a member of the crew of the ship;

the master of the ship shall not refuse the seaman leave to go ashore for that purpose at any reasonable time or otherwise prevent him or her from going ashore for that purpose.

             (2)  A seaman shall not obtain leave to go ashore under subsection (1) by means of a false or misleading statement or pretence or for a reason which is frivolous or vexatious.

Penalty:  10 penalty units.

140  Assignment of salvage

                   An assignment or sale of salvage prior to the accruing thereof shall not bind a seaman, and a power of attorney or authority to receive any such salvage shall not be irrevocable.

145  Persons unlawfully boarding, or remaining on board, ships

             (1)  A person, not being in the service of the Commonwealth or a State or Territory, shall not, unless authorized by law:

                     (a)  go on board any ship (whether or not it is a ship to which this Part applies) which is about to arrive, is arriving or has arrived at the end of its voyage, without the permission of the master, before the seamen lawfully leave the ship at the end of their engagement, or are discharged (whichever last happens); or

                     (b)  remain on board a ship (whether or not it is a ship to which this Part applies) after being warned to leave by the master, by an officer of Customs or by an officer of police.

Penalty:  $1,000.

             (2)  Any officer of the ship, officer of Customs or officer of police may take any offender under this section into custody, and cause him or her forthwith to be taken before a proper Court to be dealt with.

147  Exemptions from serving on jury

                   Masters and seamen of all ships (whether or not they are ships to which this Part applies) shall be exempt from serving as jurors, whether under the law of the Commonwealth or of a State or Territory.

148  Rescission of contract

             (1)  In any proceeding before any Court affecting the relation between a seaman and the master or owner of any ship, the Court may rescind any contract in existence between the parties on such terms as the Court deems just.

             (2)  This power shall be in addition to any other jurisdiction which the Court can exercise independently of this section.

             (3)  Any of the parties to any such contract may institute proceedings under this section for the rescission of the contract.

148A  Seaman not to be wrongfully left behind

             (1)  A person shall not wrongfully force on shore and leave behind at a place in Australia a seaman belonging to a ship (whether or not it is a ship to which this Part applies) or otherwise cause such a seaman to be wrongfully left behind at such a place, either on shore or at sea.

             (2)  A person shall not wrongfully force on shore and leave behind at a place outside Australia a seaman belonging to a ship, or otherwise cause such a seaman to be wrongfully left behind at such a place, either on shore or at sea.

Penalty:  $5,000 or imprisonment for 2 years, or both.

148C  Wages and effects of seaman left behind

             (1)  Subject to subsection (1A), if a seaman (other than a seaman discharged in accordance with this Act) is left on shore at any port, including a port outside Australia, from a ship, the master of the ship shall:

                     (a)  prepare, in the prescribed form, a full and true account of the wages of the seaman, and enter in the official log-book of the ship a statement of the wages due to the seaman;

                     (b)  take into his or her charge any effects of the seaman left on the ship and enter in the official log-book of the ship particulars of those effects;

                     (c)  deliver the account prepared under paragraph (a) and any effects of the seaman which the master has taken into his or her charge under paragraph (b):

                              (i)  to the seaman; or

                             (ii)  if it is not practicable so to deliver the account and effects to the seaman—to a proper authority; and

                     (d)  pay the amount of the wages due to the seaman:

                              (i)  to the seaman; or

                             (ii)  if it is not practicable so to pay the wages to the seaman or if a proper authority certifies in writing that he or she is of the opinion that the seaman deserted from the ship—to a proper authority.

          (1A)  Subsection (1) does not apply in relation to a seaman serving under articles of agreement where the seaman is left on shore at a port in accordance with the terms of the articles of agreement.

             (2)  Where the master of a ship delivers an account or effects, or pays the amount of any wages, to a proper authority under subsection (1), the master shall make an entry to that effect in the official log-book of the ship stating the reason why the account or effects were not delivered, or the amount of wages were not paid, to the seaman.

             (3)  A proper authority to whom an account or effects are delivered, or an amount is paid, under subsection (1) shall transmit that account, those effects or that amount, as the case may be, to the Authority.

             (4)  Upon:

                     (a)  the delivery by the master of a ship to a proper authority under this section of the effects of a seaman; or

                     (b)  the payment by the master of a ship to a proper authority under this section of an amount of wages of a seaman;

the owner, agent and master of the ship are each discharged from further liability in respect of the effects so delivered or the amount so paid, as the case may be.

             (5)  If the master of a ship contravenes or fails to comply with a provision of this section, the owner of the ship and the master are each guilty of an offence punishable on conviction by a fine not exceeding $1,000.

             (6)  An offence under subsection (5) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

148D  Wages and effects to be held in trust

             (1)  Where an amount of wages of a seaman is transmitted to the Authority under section 148C, the Authority shall, subject to this section, hold that amount in trust for the seaman.

             (3)  Where a court has, under or in connection with this Act, imposed a pecuniary penalty on a seaman and the liability in respect of the penalty has not been otherwise discharged, the Authority may apply the whole or any part of an amount of wages of the seaman held by the Authority under this section in paying to the Commonwealth an amount not exceeding the amount of the penalty.

             (4)  Where the effects of a seaman are transmitted to the Authority under section 148C, the Authority shall, subject to subsection (5) of this section, hold those effects in trust for the seaman.

             (5)  The Authority may, after the expiration of one year from the time when the effects were transmitted to the Authority, and shall, not later than the expiration of 6 years from that time, cause those effects, or so much of those effects as are still held in trust by the Authority, to be sold by auction, and the Authority shall hold the proceeds of the sale in trust for the seaman.


 

Division 17Property of deceased seamen

149  Interpretation

             (1)  In this Division, unless the contrary intention appears:

property, in relation to a deceased seaman, means money and effects of the seaman referred to in section 150 and the wages due to the seaman at the date of his or her death, after all lawful deductions have been made from those wages, and includes money and effects of the seaman which a proper authority takes into his or her charge under section 153.

seaman includes master.

             (2)  In the application of this Division in relation to the deceased master of a ship, a reference in this Division to the master of the ship shall be read as a reference to the officer having command or charge of the ship in succession to the deceased master.

150  Master to take charge of money and effects

                   If a seaman belonging to a ship dies, the master of the ship shall take into his or her charge any money or effects of the seaman which are on, or come on to, the ship and enter in the official log-book of the ship such particulars with respect to that money and those effects as are prescribed.

151  Death of seamen abroad

             (1)  If a seaman belonging to a ship dies outside Australia or during a voyage to a port outside Australia and, after his or her death and before the ship arrives at a port in Australia, the ship is, for a period of at least 24 hours, at a port, the master of the ship shall:

                     (a)  inform a proper authority that the seaman has died; and

                     (b)  if the proper authority so requires, furnish to the proper authority information with respect to the destination of the ship and the probable duration of the voyage of the ship.

             (2)  The proper authority may, and, if the ship’s agreement will terminate at a time when the ship is outside Australia, shall, require the master to pay and deliver to the proper authority any property of the seaman in the possession of the master and, upon the master complying with that request, shall give to the master a receipt for the property.

             (3)  The receipt shall be produced by the master to a superintendent within 48 hours after his or her arrival at the master’s port of destination in Australia.

             (4)  Where the ship proceeds at once to a port in Australia, without touching at a port elsewhere, or the proper authority does not require the payment and delivery of the property as aforesaid, the master shall, within 48 hours after his or her arrival at the master’s port of destination in Australia, pay and deliver the property to a superintendent.

             (5)  In all cases where a seaman dies during the progress of a voyage or engagement, the master shall give to the proper authority to whom payment and delivery is made as aforesaid such account in such form as he or she requires of the property of the deceased.

             (6)  A deduction claimed by the master in the account shall not be allowed unless verified by an entry in the official log-book, and also by such other vouchers (if any) as are reasonably required by the proper authority to whom the account is given.

152  Penalty for not accounting for effects

             (1)  If the master fails to comply with the provisions of this Act with respect to:

                     (a)  taking charge of the property of a deceased seaman, or

                     (b)  making in the official log-book the proper entries relating thereto, or

                     (c)  procuring the proper attestation of those entries, or

                     (d)  the payment or delivery of the property;

the master is guilty of an offence and shall be accountable for the property to the Authority, and shall pay and deliver it accordingly, and shall, in addition, for each offence be liable on conviction to a penalty not exceeding $1,000.

          (1A)  An offence under subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  If any such property is not duly paid, delivered, or accounted for by the master, the owner of the ship shall pay, deliver, and account for it, and the property shall be recoverable from the owner accordingly; and if the owner fails to account for and pay or deliver it he or she is guilty of an offence and shall, in addition to his or her liability therefor, be liable on conviction, to a penalty not exceeding $1,000.

          (2A)  An offence under subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  The property may be recovered in the Court and manner in which the wages of seamen may be recovered under this Act.

153  Effects of deceased seaman not left on board

                   If:

                     (a)  a person dies at a place outside Australia;

                     (b)  at the time of, or within a period of 6 months before, the person’s death, he or she was a seaman belonging to a ship; and

                     (c)  the person left money or effects at the place at which he or she died elsewhere than on board the ship;

a proper authority may take into his or her charge that money and those effects.

154  Recovery of wages of seaman lost with ship

             (1)  Where a seaman is lost with his or her ship, the Authority may recover the wages due to the seaman from the owner of the ship in the same Court and the same manner as that in which seamen’s wages are recoverable, and shall deal with those wages in the same manner as with the wages of other deceased seamen.

             (2)  For the purposes of any proceedings in a court in relation to the wages of a seaman, a ship which was expected to arrive at a port at a time 6 months or more before the institution of the proceedings, but did not so arrive and has not been heard of since that time, shall be deemed to have been lost with all hands on board and the court may determine the date on which the ship shall be deemed to have been so lost.

             (3)  Any official list of the crew, made out in accordance with this Act, or the certificate of a proper authority stating that certain seamen were shipped in the ship from a port outside Australia, shall, in the absence of proof to the contrary, be deemed sufficient evidence that they were on board the ship at the time of its loss.

155  Property of deceased seaman to be delivered to superintendent

                   Where a seaman belonging to a ship dies, the master of the ship shall:

                     (a)  if the ship is in a port in Australia at the time of death—within 48 hours after the death, pay and deliver to a superintendent any property of the seaman in the possession of the master; and

                     (b)  in any other case—within 48 hours after the arrival of the ship at a port in Australia, pay and deliver to a superintendent any property of the seaman not paid or delivered to a proper authority under subsection 151(2).

Penalty:  $1,000.

155A  Transmission of money and effects to Authority

                   A superintendent or other proper authority to whom the property of a deceased seaman is paid or delivered under the preceding provisions of this Division, or a proper authority who, under section 153, takes into his or her charge the property of a deceased seaman, shall transmit that property to the Authority.

156  Right of Authority to dispose of effects of deceased seaman

             (1)  Where any property of a deceased seaman comes into the hands of the Authority, the Authority, after deducting such sum as it thinks proper for expenses incurred in respect of that seaman or of his or her property, shall, subject to the provisions of this Act, deal with the residue as follows:

                     (a)  If the property exceeds in value $2,000, it shall pay and deliver the residue to the legal personal representative of the deceased;

                     (b)  If the property does not exceed in value $2,000, it may either:

                              (i)  pay or deliver the residue to any claimant who is proved to its satisfaction to be the widow, the widower or a child of the deceased, or to be legally entitled to the personalty of the deceased, or to be a person entitled to take out representation, although no such representation has been taken out, and shall be thereby discharged from all further liability in respect of the residue so paid or delivered; or

                             (ii)  require representation to be taken out, and pay and deliver the residue to the legal personal representative of the deceased;

                     (c)  If the deceased was, at the time of his or her death, a subject of a country between which and Australia an international agreement exists relating to the disposal of the property of deceased seamen who are nationals of that country, and if the property does not exceed in value $2,000, the Authority may, in terms of that agreement, pay and deliver the residue to the consul of the country of which the deceased was a subject, and the Authority shall be thereby discharged from all further liability in respect of the residue so paid or delivered.

             (2)  Every person to whom any such residue is so paid or delivered shall apply it in due course of administration.

Penalty:  $1,000.

             (3)  Moneys to which subsection (1) applies that, in the opinion of the Authority, cannot for the time being be dealt with as that subsection requires, may be invested by the Authority as prescribed.

157  Wills of deceased seamen

             (1)  Where a deceased seaman has left a will, the Authority may refuse to pay or deliver the residue referred to in section 156:

                     (a)  if the will was made on board ship—to any person claiming under the will, unless the will is in writing, and is signed or acknowledged by the testator in the presence of, and is attested by, the master or first or only mate of the ship; and

                     (b)  if the will was not made on board ship—to any person claiming under the will, and not being related to the testator by blood or marriage, unless the will is in writing and is signed or acknowledged by the testator in the presence of and is attested by 2 witnesses, one of whom is a proper authority, a justice or a minister of religion.

             (2)  Where the Authority refuses under this section to pay or deliver the residue to a person claiming under a will, the residue shall be dealt with as if no will had been made.

158  Creditors’ claims

             (1)  A creditor shall not be entitled to claim from the Authority any property of a deceased seaman by virtue of representation obtained as creditor.

             (2)  A creditor shall not be entitled to obtain payment of his or her debt out of the property, if the debt accrued more than 3 years before the death of the deceased, or if the demand is not made within 2 years after the death.

             (3)  The demand shall be made by the creditor delivering to the Authority an account in writing, in a form approved by the Authority by instrument in writing, and verified by a statutory declaration.

             (4)  If, before the demand is made, any claim to the property of the deceased made by any person has been allowed, the Authority shall give notice to the creditor of the allowance of the claim.

             (5)  If no claim has been allowed, the creditor shall satisfy the Authority as to the justice of his or her account, and the Authority may then pay over to the creditor such sum as it allows, and the Authority shall thereby be discharged from all further liability in respect of the money so paid; but otherwise the demand shall be disallowed.

             (6)  In any case the Authority may delay the investigation of any demand made by a creditor for the payment of his or her debt for one year from the time of the first delivery of the demand; and if in the course of that time a claim to the property of the deceased is made by any person as widow, widower, next of kin, or legatee, and allowed by the Authority under this Act, the Authority may pay and deliver it to that person.

             (7)  Where the property has been paid and delivered by the Authority to any person, as widow, widower, next of kin, or legatee of the deceased or as consul of the country of which the deceased was a subject, whether before or after the demand made by the creditor, the creditor shall have the same rights and remedies against that person as if he or she had received the property as the legal personal representative of the deceased.

158A  Sale of effects etc. by auction

                   The Authority may, after the expiration of one year from the time when property not consisting of money comes into its hands under this Division and shall, not later than the expiration of 6 years from that time, cause any part of that property that has not been delivered to a person by the Authority under this Division to be sold by auction.

159  Disposal of effects when no claim

                   Where no claim to the property of a deceased seaman is substantiated within 6 years after the receipt of the property by the Authority, the Authority may in its absolute discretion, if any subsequent claim is made, either allow or refuse the claim, and, subject to the allowance of any such claim, the property or the proceeds thereof shall be paid to the Commonwealth.

160  Giving false evidence in connection with deceased seamen’s property

                   A person is guilty of an offence if:

                     (a)  the person gives false evidence; and

                     (b)  the person knows that the evidence is false; and

                     (c)  the person does so for the purpose of obtaining, either for himself, herself or for another person, any property of a deceased seaman.

Penalty:  20 penalty units or imprisonment for 12 months, or both.


 

Division 18Relief to seamen’s families

161  Relief of families by public institutions

             (1)  Where, during the absence of any seaman on a voyage, the wife or husband, or any of the children or step-children, of the seaman becomes chargeable to or obtains relief from any public body or institution for the relief of destitute persons in Australia, that institution shall be entitled to be reimbursed, out of the wages of the seaman earned during the voyage, any sums properly expended during the seaman’s absence in the maintenance of those members of the seaman’s family or any of them, so that the sums do not exceed the following proportions of the seaman’s wages, that is to say:

                     (a)  If only one of those members is chargeable or obtains relief, one-half of the wages;

                     (b)  If 2 or more of those members are chargeable or obtain relief, two-thirds of the wages.

             (2)  If, during the absence of any seaman, any sums have been paid by the owner of his or her ship to or on behalf of any such member as aforesaid, under an allotment note made by the seaman in favour of the member, any claim for reimbursement shall be limited to the excess (if any) of the proportion of the wages hereinbefore mentioned over the sums so paid.

162  Reimbursement of institutions

             (1)  For the purpose of obtaining reimbursement as aforesaid, the Authority may give to the owner or agent of the ship in which the seaman is serving a notice in writing stating the proportion of the seaman’s wages upon which it is intended to make a claim, and requiring the owner or agent to retain that proportion in his or her hands for a period not exceeding 21 days from the time of the seaman’s return to his or her port of discharge, and also requiring the owner or agent, immediately on the seaman’s return, to give notice in writing thereof to the official.

             (2)  The owner or agent, after receiving any such notice, shall retain the said proportion of wages, and give notice of the seaman’s return accordingly, and shall likewise give to the seaman notice of the intended claim.

             (3)  The institution may, upon the seaman’s return, apply to a court of summary jurisdiction for an order for reimbursement; and the Court may make a summary order for the reimbursement to the whole extent claimed, or to such lesser amount as, under the circumstances, it thinks fit; and the owner or agent shall pay to the institution out of the seaman’s wages the amount so ordered to be paid by way of reimbursement, and shall pay the residue of the wages to the seaman.

             (4)  If no order for reimbursement is obtained within the period mentioned in the notice given to the owner or agent as aforesaid, the proportion of wages to be retained by the owner or agent shall immediately on the expiration of that period, and without deduction, be payable to the seaman.


 

Division 19Relief and maintenance of distressed seamen

163  Interpretation

             (1)  In this Division:

distressed seaman means a person who, being or having been a seaman, is in distress at a place outside Australia by reason of having been discharged or left behind from, or having been shipwrecked in, a ship.

seaman includes master.

             (2)  A reference in this Division to the relief and maintenance of distressed seamen shall be read as including a reference to:

                     (a)  the conveyance of distressed seamen to their proper return ports;

                     (b)  the conveyance of distressed seamen to port after shipwreck and their maintenance while being so conveyed; and

                     (c)  the burial of distressed seamen who die outside Australia.

163A  Regulations may make provision for relief and maintenance of distressed seamen

             (1)  The regulations may make provision for and in relation to the relief and maintenance of distressed seamen.

             (2)  Without in any way limiting the generality of subsection (1), the regulations made by virtue of that subsection:

                     (a)  may prescribe the duties and functions of proper authorities in relation to the relief and maintenance of distressed seamen;

                     (b)  may require the owner or master of a ship to provide a distressed seaman with a passage on the ship, and maintenance during the passage, in connexion with the conveyance of the seaman to his or her port;

                     (c)  may prescribe the charges which the owner or master of a ship may make for providing a distressed seaman with a passage on the ship, and maintenance during the passage, in connexion with the conveyance of the seaman to his or her port; and

                     (d)  may provide for the recovery of expenditure incurred by or on behalf of the Commonwealth for or in connexion with the relief and maintenance of a distressed seaman and of wages, if any, due to the seaman and, in particular, may provide that expenditure so incurred, or wages so due, shall be a charge upon the ship to which the distressed seaman belonged.


 

Division 20The master

164  All ships may be searched

             (1)  All ships (whether or not they are ships to which this Part applies) may be searched by any officer of Customs, or by any officer of police authorized in writing by the Authority.

             (2)  No master of any ship (whether or not it is a ship to which this Part applies) shall:

                     (a)  refuse to permit an officer of Customs or an authorized officer of police to thoroughly search the ship; or

                     (b)  fail to cause the ship to be hove to when called upon or signalled in the prescribed manner so to do, by any such officer, for the purpose of enabling the officer to board the ship; or

                     (c)  engage in conduct that results in the concealment of any person on board the ship.

Penalty:  $5,000 or imprisonment for 2 years, or both.

167  Agreement to be produced

             (1)  The master of a ship that arrives at a port in Australia from a place outside Australia shall, if required by a superintendent, immediately deliver to the superintendent:

                     (a)  the articles of agreement of the ship; and

                     (b)  the official log-book of the ship.

Penalty:  $1,000.

             (2)  The superintendent shall return the documents to the master within a reasonable time before his or her departure, with a certificate endorsed on the agreement stating the times when the documents were delivered and returned.

             (3)  If it appears that any breach of this Part has taken place, the superintendent shall make an endorsement to that effect on the agreement.

168  Documents to be handed over to master’s successor

             (1)  If during the progress of a voyage the master is removed or superseded, or for any other reason quits the ship, the master shall deliver to his or her successor the various documents in his or her custody relating to the navigation of the ship and to the crew thereof.

Penalty:  $1,000.

             (2)  The master’s successor shall, immediately on assuming the command of the ship, enter in the official log-book a list of the documents so delivered to him or her.

Penalty:  $1,000.

             (3)  For the purposes of this section, the papers containing the information required to be on board a ship under section 192B shall be deemed to be a document relating to the navigation of the ship.


 

Division 21The log

171  Official log-book

             (1)  The master of a ship shall keep an official log-book in the prescribed form and shall make, or cause to be made, such entries in that log-book as are prescribed.

Penalty:  $2,000.

             (4)  An entry required by this Act in an official log-book shall be:

                     (a)  made as soon as possible after the occurrence to which it relates;

                     (b)  made and dated so as to show the date of the occurrence and of the entry respecting it.

Penalty:  $2,000.

             (5)  No person shall, more than 24 hours after the arrival of a ship at its final port of discharge, make in the official log-book any entry of any occurrence which happened before its arrival.

Penalty:  $500.

             (6)  The regulations may make provision for or in relation to the signing of entries in the official log-book of a ship.

             (7)  An entry in the official log-book of a ship is, in all courts, admissible in evidence.

172  Offences in relation to official log-book

             (1)  A person commits an offence if:

                     (a)  the person does an act; and

                     (b)  the act results in:

                              (i)  the destruction or mutilation of an official log-book or an entry in an official log-book; or

                             (ii)  an entry in an official log-book being rendered illegible.

Penalty:  $5,000 or imprisonment for 2 years, or both.

             (2)  A person commits an offence if:

                     (a)  the person makes or signs an entry in an official log-book, knowing that the entry is false or fraudulent; or

                     (b)  omits to make an entry in an official log-book, knowing that the omission will result in the log-book being false or fraudulent.

Penalty:  $5,000 or imprisonment for 2 years, or both.

172A  Report of matters recorded in official log-book

             (1)  The master of a ship who is required by section 171 to keep an official log-book must, as soon as practicable after making an entry in relation to an occurrence under the code of conduct referred to in subsection 46(4A), report the recording of that occurrence to the Authority in accordance with regulations made under subsection (2).

             (2)  The regulations may provide for the manner and time of reporting the making of an entry in the official log-book in relation to an occurrence referred to in subsection (1).

Penalty:  10 penalty units.

173  Delivery of official log-book

             (1)  The master of a ship who is required by section 171 to keep an official log-book shall, on the termination of the articles of agreement of the ship, deliver the official log-book to a proper authority.

Penalty:  $1,000.

             (2)  A proper authority, not being a superintendent, to whom an official log-book is delivered in pursuance of subsection (1) shall deal with that log-book in accordance with the directions, if any, of the Authority.

174  Transmission of log-book to superintendent

             (1)  Where for any reason the official log-book ceases to be required in respect of a ship, the master or owner of the ship shall, if the ship is then in Australia within one month, and if it is elsewhere within 6 months, after the cessation transmit to a superintendent the official log-book made up to the time of the cessation.

             (2)  If a ship is lost or abandoned, the master or owner thereof shall, if practicable, and as soon as possible, transmit to a superintendent the official log-book (if any) duly made out to the time of the loss or abandonment.

Penalty (on master or owner):         $1,000.


 

Part IIIForeign seamen

  

177  Definition of seaman

                   In this Part:

seaman means a seaman belonging to a ship to which Part II does not apply.

178  Apprehension of seaman

                   If any seaman is absent from duty without leave whilst his or her ship is within Australia, any justice upon complaint on oath may issue a warrant for the apprehension of the seaman, and thereupon may, at the request of the consul of the country to which the ship belongs, and on proof of the absence without leave, order the seaman to be conveyed on board the ship, or delivered to the master or mate of the ship, or to the owner of the ship or his or her agent, to be so conveyed:

Provided that, in the case of a seaman who is an Australian citizen, no such order shall be made without his or her consent.

180  Return to ship

             (1)  The Authority may order to be put forcibly or otherwise on board his or her ship at any time:

                     (a)  any seaman sentenced under this Part, or

                     (b)  within 24 hours before the sailing of his or her ship, any seaman imprisoned on summary conviction for any offence (other than an offence under this Part) whose ship is about to leave Australia before the expiration of his or her sentence;

and the master of the ship shall keep the seaman on board in custody until after the ship has left its final port of clearance in Australia:

Provided that, in the case of a seaman who is an Australian citizen, no such order shall be made without his or her consent.

             (2)  Such order shall be a sufficient warrant to the gaoler of any prison to deliver the seaman into custody for the purpose aforesaid.

183  Proceedings at instance of consul only

                   No warrant shall be issued and no offence shall be punished under this Part unless either:

                     (a)  the action is taken at the instance of the consul of the country to which the ship belongs; or

                     (b)  the Authority has notified in the Gazette that the government of that country has, in regard to seamen belonging to ships of that country, requested that this Part may be enforced.

184  Proof of agreement

             (1)  In any prosecution under this Part it shall not be necessary, for the purpose of proving the articles of agreement by which any seaman has engaged to serve on board any ship, to call any subscribing or attesting witness thereto.

             (2)  A copy of any articles of agreement, certified to be true by the consul of the country to which the ship belongs, shall be admissible in evidence in proof of the existence and contents thereof.

185  Expenses to be paid by consul

                   All expenses incidental to the apprehension, imprisonment, and removal of any seaman, pursuant to this Part, shall be paid by the consul at whose instance the proceedings were instituted.

186  Expenses of returning foreign seamen left behind

                   Where:

                     (a)  a seaman is left behind at a port in Australia from a ship to which Part II does not apply without the consent of a consul in Australia of the country to which the ship belongs; and

                     (b)  the Commonwealth incurs expense in sending the seaman to a place outside Australia;

the Commonwealth may recover the amount of those expenses from the owner, agent or master of the ship in any court of competent jurisdiction as a debt due and payable by the owner, agent or master, as the case may be, to the Commonwealth.


 

Part IIIAPilotage

  

186A  Application of Part

             (1)  In this section:

Australian coastal sea has the same meaning as in section 8.

             (2)  This Part applies only to pilots and pilotage in relation to ships in, or in transit to or from, any part of Australian coastal sea that is specified in the regulations.

             (3)  Subject to subsection (1), this Part applies to all ships, including ships to which Part II does not apply.

             (4)  Section 2 does not have effect in relation to a provision of this Part.

             (5)  This Part is not intended to affect the operation of any law of a State or Territory governing pilots or pilotage in relation to a port in the State or Territory.

186B  Definitions

                   In this Part:

certificate includes a licence issued to a pilot under regulations made under section 186C.

licensed pilot means a person who is licensed as a pilot under this Act.

186C  Qualifications of pilots etc.

             (1)  For the purposes of this Part, the regulations may make provisions in relation to:

                     (a)  standards of competence to be attained; and

                     (b)  other conditions to be satisfied by a person in order to be licensed as a pilot under this Act; and

                     (c)  licensing of pilots.

             (2)  Without limiting subsection (1), the conditions may include conditions as to age, character, health, nationality, citizenship or residence.

             (3)  Without limiting subsection (1), regulations made for the purposes of that subsection may make provision in relation to any of the following:

                     (a)  the manner in which the attainment of a standard or the satisfaction of a condition is to be evidenced, including the obtaining of certificates and other documents to be held by pilots as evidence that they are licensed as pilots under this Act;

                     (b)  the issue, recall, surrender, replacement, form and recording of such certificates and other documents;

                     (c)  the duration, variation, renewal, suspension and cancellation of such certificates and other documents;

                     (d)  the instruction, training and examination of pilots, including the gaining of sea service and other experience, the conduct of examinations, the conditions for admission to examinations and the appointment and remuneration of examiners;

                     (e)  the recognition, for the purposes of this Act, in whole or in part and whether conditionally or unconditionally, of certificates and other documents granted or issued to or in respect of pilots under this Act as in force before this section’s commencement, or under the laws of a State or Territory;

                      (f)  the reconsideration of decisions made under regulations made for the purposes of subsection (1);

                     (g)  the exemption of persons, in whole or in part and whether conditionally or unconditionally, from any requirement under regulations made for the purposes of subsection (1).

             (4)  In subsection (3), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

186D  Regulations may make other provisions relating to pilotage etc.

                   For the purposes of this Part, the regulations may also make provisions in relation to:

                     (a)  the duties of a licensed pilot and the manner in which a licensed pilot is to discharge his or her duties; and

                     (b)  the professional relationship between a licensed pilot and the master or other officers of a ship, including provisions in relation to the professional liability of a licensed pilot and limitation of that liability; and

                     (c)  the keeping and maintaining by a licensed pilot of records relating to pilotage carried out by the pilot.

186E  Unqualified person performing duties of licensed pilot

             (1)  A person commits an offence if:

                     (a)  the person makes a representation that the person is a licensed pilot; and

                     (b)  the person is not a licensed pilot.

Penalty:  20 penalty units.

             (2)  A person commits an offence if:

                     (a)  the person performs duties; and

                     (b)  the duties are those of a licensed pilot under the regulations; and

                     (c)  the person is not a licensed pilot.

Penalty:  20 penalty units.

             (3)  Subsection (2) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Strict liability applies to paragraph (2)(b).

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (5)  A person commits an offence if:

                     (a)  the person takes a person into employment to perform duties; and

                     (b)  the duties are those of a licensed pilot under the regulations; and

                     (c)  the person is not a licensed pilot.

Penalty:  20 penalty units.

             (6)  Strict liability applies to paragraph (5)(b).

Note:          For strict liability, see section 6.1 of the Criminal Code.

186F  Abuse of alcohol and other drugs

             (1)  If a licensed pilot is, while on board a ship, under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person’s capacity to carry out the person’s duties as pilot is impaired, the person is guilty of an offence.

Penalty:  Imprisonment for 12 months.

             (2)  If:

                     (a)  a licensed pilot is, while on board a ship, under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person’s capacity to carry out the person’s duties as pilot is impaired; and

                     (b)  the impairment causes or contributes to:

                              (i)  the loss or destruction of, or damage to, the ship, its cargo or equipment; or

                             (ii)  the loss or destruction of, or damage to, another ship, its cargo or equipment; or

                            (iii)  death or injury to another person;

the person is guilty of an offence.

Penalty:  Imprisonment for 2 years.


 

Part IVShips and shipping

Division 1General

187  Application of Part

             (1)  This Part shall, except where otherwise expressed, apply to all ships, including ships to which Part II does not apply.

             (2)  Section 2 does not have effect in relation to a provision of this Part that gives effect to a provision of Chapter V of the Regulations contained in the Annex to the Safety Convention (other than Regulation 13 or 15 of that Chapter of those Regulations).

             (3)  Provisions of this Act giving effect to the Safety Convention do not apply in relation to a ship referred to in paragraph 2(1)(a), (b), (c) or (d) to the extent that a law of a State or of the Northern Territory makes provision giving effect to the Safety Convention in relation to that ship.

187AA  Issue of certificates in respect of ships to which this Act does not apply

             (1)  In this section, prescribed certificate means:

                     (a)  a certificate referred to in section 194, 206D,206E, 206F, 206G, 206H, 206J, 206K, 222, 223 or 405F; or

                     (b)  a certificate prescribed for the purposes of this section.

             (2)  The owner of a ship referred to in paragraph 2(1)(a), (b), (c) or (d) may apply, in the prescribed form or in a form approved by the Authority by instrument in writing, to the Authority for the issue of a prescribed certificate in respect of the ship.

             (3)  Where an application is made under subsection (2) for the issue of a prescribed certificate in respect of a ship, section 2 does not have effect to the extent necessary to enable the application to be dealt with in accordance with this Act and to enable the prescribed certificate to be issued in respect of the ship.

             (4)  Where a prescribed certificate is issued in respect of a ship by virtue of this section, section 2 does not have effect to the extent necessary to enable the provisions of this Act relating to such a prescribed certificate to apply in relation to the certificate so issued.

187A  Interpretation

             (1)  In this Part, unless the contrary intention appears:

cargo ship means a ship other than a passenger ship.

cargo ship safety certificate means a certificate issued under section 206GA.

cargo ship safety construction certificate means a certificate issued under section 206E.

cargo ship safety equipment certificate means a certificate issued under section 206F.

cargo ship safety radio certificate means a cargo ship safety radio certificate issued under section 206G.

cargo steamship means a steamship other than a passenger steamship.

certificate of equipment means:

                     (a)  a certificate of equipment issued under subsection 194(4); or

                     (b)  a certificate, or a certificate in a class of certificates, recognised in a determination made under subsection 194(6) as equivalent to a certificate of equipment, or a class of certificates of equipment, issued under subsection 194(4).

certificate of survey means:

                     (a)  a certificate of survey issued under subsection 194(4); or

                     (b)  a certificate, or a certificate in a class of certificates, recognised in a determination made under subsection 194(6) as equivalent to a certificate of survey, or a class of certificates of survey, issued under subsection 194(4).

classification certificate means a classification certificate issued by a survey authority and of a standard approved by the Authority under section 187BA.

country to which the Safety Convention applies means a country specified in a notice under section 187B.

declaration of survey means a declaration made under this Act by a surveyor with respect to the survey of a ship.

exemption certificate means a certificate issued under subsection 206H(1).

International Code of Signals means the Code of that name that is issued by the International Maritime Organization, as amended from time to time.

international voyage means:

                     (a)  for the purposes of Division 5, a voyage:

                              (i)  from a port in Australia to a port outside Australia;

                             (ii)  to a port in Australia from a port outside Australia;

                            (iii)  from a port in a country that is a Load Line Convention country for the purposes of that Division to a port outside that country; or

                            (iv)  to a port in a country that is a Load Line Convention country for the purposes of that Division from a port outside that country; and

                     (b)  for the purposes of the provisions of this Part other than Division 5, a voyage:

                              (i)  from a port in Australia to a port outside Australia;

                             (ii)  to a port in Australia from a port outside Australia;

                            (iii)  from a port in a country to which the Safety Convention applies to a port outside that country; or

                            (iv)  to a port in a country to which the Safety Convention applies from a port outside that country;

                            other than a voyage in the course of which the ship concerned:

                             (v)  is not at any time more than 600 nautical miles from the nearest point on the coast of Australia; and

                            (vi)  does not call at a port in a country other than Australia.

nuclear cargo ship safety certificate means a certificate issued under section 206K.

nuclear passenger ship safety certificate means a certificate issued under section 206J.

passenger certificate means a passenger certificate issued under subsection 194(4).

passenger ship means a ship carrying more than 12 passengers.

passenger ship safety certificate means a certificate issued under subsection 206D(1).

passenger ship short voyage safety certificate means a certificate issued under subsection 206D(2).

passenger steamship means a steamship carrying more than 12 passengers.

radio installation means a radiotelegraphy or radiotelephony installation, but does not include a radio navigational aid.

Safety Convention certificate means a certificate issued in respect of a steamship, not being a ship registered in Australia, by or with the authority of the government of a country to which the Safety Convention applies in accordance with the Safety Convention or a law of that country that gives effect to the Safety Convention.

Safety Convention ship means a ship that is of a kind to which the Safety Convention applies and is entitled to fly the flag of a country to which the Safety Convention applies.

short international voyage means an international voyage:

                     (a)  in the course of which a ship is not any time more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety; and

                     (b)  which does not exceed 600 nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination.

subdivision load line means a load line indicating the depth to which a passenger steamship may be loaded having regard to the extent to which it is subdivided and to the space for the time being allotted to passengers.

the Container Convention means the International Convention for Safe Containers as corrected by the Procès-Verbal of Rectification dated 25 June 1976 (a copy of the English text of the articles of which, and of the annexes to which, as so corrected, is set forth in Schedule 5), as affected by:

                     (a)  any amendment of the Convention, other than an amendment not accepted by Australia, made under Article IX of the Convention; and

                     (b)  the amendments to Annex 1 dated 2 April 1981 (a copy of the English text of which is set forth in Schedule 5A) and any other amendment of the annexes to the Convention, other than an amendment objected to by Australia, made under Article X of the Convention.

the Load Line Convention means the International Convention on Load Lines, 1966, as corrected by the Procès-Verbal of Rectification dated 30 January 1969 and the Procès-Verbal of Rectification dated 5 May 1969 (a copy of the English text of the articles of which, and of the annexes to which, as so corrected, other than the chart attached to Annex II, is set forth in Schedule 4):

                     (a)  as affected, after the date on which the Protocol of 1988 relating to the Load Line Convention enters into force for Australia, by that Protocol; and

                     (b)  as also affected by any amendment, other than an amendment not accepted by Australia, made under section 29 of the Convention.

the Prevention of Collisions Convention means the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (a copy of the English text of the articles of which is set forth in Schedule 3), together with the International Regulations for Preventing Collisions at Sea, 1972, constituted by the rules and other annexes attached to that Convention, as corrected by the Procès-Verbal of Rectification dated 1 December 1973 (a copy of the English text of which rules and other annexes, as so corrected, is also set forth in Schedule 3), as affected by any amendment, other than an amendment objected to by Australia, made under Article VI of that Convention.

the Prevention of Pollution from Ships Convention has the same meaning as the Convention has in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

the Safety Convention means the International Convention for the Safety of Life at Sea, 1974 (a copy of the English text of the articles of which, and of the annex and appendix to which, is set forth in Schedule 1):

                     (a)  as affected, after the respective dates on which:

                              (i)  the Protocol of 1978 relating to the Safety Convention; and

                             (ii)  the Protocol of 1988 relating to the Safety Convention;

                            enter into force for Australia—by each of those Protocols; and

                     (b)  as also affected by any amendment, other than an amendment objected to by Australia, made under Article VIII of that Convention.

valid Safety Convention certificate means a Safety Convention certificate which complies with such requirements as are prescribed.

             (2)  For the purposes of determining for the purposes of this Part whether a voyage is an international voyage, account shall not be taken of a deviation by a ship from an intended voyage if the deviation is due only to stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.

             (3)  For the purposes of determining for the purposes of Division 5 whether a voyage is an international voyage, a territory for which the United Nations are the administering authority, or for the international relations of which Australia or any other country is responsible, shall be deemed to be a separate country.

             (4)  Where an international voyage:

                     (a)  is such that, in the course of the voyage, a ship is not at any time more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety; and

                     (b)  exceeds 600 nautical miles, but does not exceed 1,200 nautical miles, in length between the last port of call in the country in which the voyage begins and the final port of destination;

the Authority may, by instrument in writing, direct that, subject to such conditions as are specified in the direction, the voyage shall, for the purposes of this Act, be treated as if it were a short international voyage in relation to any ship:

                     (c)  that is, or is included in a class of ships that is, specified in the direction; and

                     (d)  in respect of which a passenger ship short voyage safety certificate is in force.

             (5)  For the purposes of this Part, an unregistered ship entitled to fly the flag of a country shall be deemed to be registered in that country.

187B  Declaration of countries to which the Safety Convention applies

                   The Authority may, by notice published in the Gazette, declare that, for the purposes of this Part, a country, other than Australia, specified in the notice is a country to which the Safety Convention applies.

187BA  Approval of classification certificates

                   The Authority may, for the purposes of this Part, approve, in writing, a standard of classification certificate issued by a survey authority.

187C  When ships deemed to be overloaded

             (1)  Where a ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the load line marked on either side of the ship that is the appropriate load line at that time would be submerged, the ship shall, for the purposes of this Part, be deemed to be overloaded, and, subject to subsection (4), to be overloaded to the extent to which that load line would be so submerged.

             (2)  Where:

                     (a)  a ship is at any time engaged on, or is about to engage on, a voyage during which, in the ordinary course, a load line marked on either side of the ship (not being a load line that is the appropriate load line at that time) would, at some later time during the voyage, become the appropriate load line; and

                     (b)  the ship is so loaded at that first-mentioned time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025 and there were unloaded from the ship the fuel and other material that would, in the ordinary course, be consumed or discharged before that later time, that load line would be submerged;

the ship shall, for the purposes of this Part, be deemed to be overloaded and, subject to subsection (4), to be overloaded to the extent to which that load line would be so submerged.

             (3)  Where a passenger ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the subdivision load line marked on either side of the ship that is the appropriate subdivision load line at that time would be submerged, the ship shall, for the purposes of this Part, be deemed to be overloaded, and subject to subsection (4), to be overloaded to the extent to which that subdivision load line would be so submerged.

             (4)  Where:

                     (a)  in any proceedings under this Act, it is proved that a ship is, by force of more than one subsection of this section, deemed to be overloaded; and

                     (b)  the extent to which, under those subsections, the ship is deemed to be overloaded is not the same in each case;

the ship shall, for the purposes of this Part, be deemed to be overloaded to the greatest extent to which it is deemed to be overloaded under those subsections.

             (5)  For the purposes of this section, the load line or subdivision load line marked on a ship that is the appropriate load line or subdivision load line at any time shall be determined in accordance with the regulations and orders.

187D  Certificate by Minister as to amendments of the Load Line Convention

                   The Minister may, by writing under his or her hand, certify that the amendments, other than amendments not accepted by Australia, by which the Load Line Convention was affected as at such date as is specified in the certificate are set out in, or annexed to, the certificate, and such a certificate is, for all purposes, prima facie evidence of the matters so certified.

187E  Certificate by Minister as to amendments of the Safety Convention etc.

                   The Minister may, by writing under his or her hand, certify that the amendments, other than amendments objected to by Australia, by which the Safety Convention was affected as at such date as is specified in the certificate are set out in, or annexed to, the certificate, and such a certificate is, for all purposes, prima facie evidence of the matters so certified.

188  Exemptions

             (1)  Where a ship (other than a nuclear ship) that is not ordinarily engaged on international voyages undertakes, in exceptional circumstances, a single international voyage, the Authority may, if it is satisfied that the ship complies with safety requirements that, in its opinion, are adequate for the voyage, exempt the ship or any person, in respect of that voyage, from compliance with any provision of this Act or the regulations or orders that gives effect to the Safety Convention.

             (2)  The Authority may, in relation to a Safety Convention ship that is registered in Australia, exercise the right conferred on the Government of the Commonwealth by paragraph (b) of Regulation 4 of Chapter I contained in the Annex to the Safety Convention to exempt the ship from a provision of Chapter II-1, II-2, III or IV of the Regulations contained in that Annex, and a ship so exempted, and the master and owner of the ship, are exempt from compliance with any provision of this Act that gives effect to that provision.

             (3)  An exemption under subsection (2) is subject to such safety requirements (if any) as are specified in the exemption.

             (4)  If a safety requirement that is applicable to a ship by virtue of an exemption under subsection (3) is contravened, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.

             (5)  An offence under subsection (4) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

189  All ships liable to survey and inspection

                   All ships shall be liable to inspection and survey.

190  Appointment of surveyors

                   The Authority may appoint a person who is skilled with regard to:

                     (a)  wooden hulls and equipment, other than radio equipment;

                     (b)  metal hulls and equipment, other than radio equipment;

                     (c)  engines, boilers and machinery;

                     (d)  radio installations; or

                     (e)  radio navigational aids;

to be a surveyor.

190AA  Powers of inspection of surveyors

             (1)  A surveyor may at any reasonable time go on board a ship and inspect the ship and any part of the ship, including the hull, boilers, machinery and equipment of the ship, and may require the certificates of the master or of any officer of the ship, or any certificate or other document relating to the ship, to be produced to him or her.

             (2)  Without limiting the generality of subsection (1), the powers of a surveyor under that subsection extend, subject to section 227E, to the inspection of a ship for the purpose of ascertaining whether the ship complies with such of the provisions of this Act and the regulations and orders relating to load lines as apply to the ship and whether the ship is overloaded, and to requiring the production to him or her of any certificate relating to load lines issued in respect of the ship.

             (3)  Where the Authority receives the report of a surveyor who has carried out, or proposes to carry out, an inspection of a ship under this section, it may, if it considers it necessary so to do, require the ship to be taken into dock or otherwise dealt with so that a surveyor can inspect the hull, boilers, machinery or equipment of the ship.

             (4)  A person who fails to comply with any requirement made by the Authority or a surveyor under this section, is guilty of an offence punishable on conviction by a fine not exceeding $2,000.

             (5)  Subsection (4) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

             (6)  An offence under subsection (4) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

190AB

             (1)  The Authority may publish, in the manner prescribed, such information derived about a ship:

                     (a)  during an inspection or survey of that ship under section 190AA; or

                     (b)  during an inspection or survey of that ship conducted otherwise than under this Act; or

                     (c)  otherwise than by an inspection or survey;

as is prescribed.

             (2)  The regulations may make provision for:

                     (a)  the manner in which information derived:

                              (i)  during an inspection or survey; or

                             (ii)  otherwise than by inspection or survey;

                            will be published; and

                     (b)  the nature of the information that will be published; and

                     (c)  the time at which the publication of information will occur.

190A  Alterations etc. of ships and cancellation of certificates

             (1)  If:

                     (a)  a certificate has been issued under Division 2 or Division 2B in respect of a ship; and

                     (b)  the ship’s hull, equipment or machinery, or part of the ship’s hull, equipment or machinery:

                              (i)  is altered, replaced or damaged so that the ship’s seaworthiness or efficiency is affected; or

                             (ii)  becomes inefficient for some other reason;

written notice of the alteration, replacement, damage or inefficiency must forthwith be given to the person prescribed in the form prescribed.

          (1A)  If:

                     (a)  a notice is required to be given under subsection (1); and

                     (b)  such notice is not given;

the master and the owner of the ship are each guilty of an offence in respect of each day during which the notice is not given (including the day on which the person is convicted under this subsection or any subsequent day).

Penalty:  $1,000.

          (1B)  An offence under subsection (1A) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  Where the Authority has reason to believe that:

                     (a)  the report of a surveyor in respect of a ship was fraudulently or erroneously made or obtained;

                     (b)  a certificate has been issued under Division 2 or Division 2B in respect of a ship upon false or erroneous information;

                     (c)  since the last declaration of survey was made in respect of a ship, the hull, equipment or machinery, or a part of the hull, equipment or machinery, of the ship has been altered, replaced or damaged in a manner which affects the ship’s efficiency or seaworthiness or has become otherwise inefficient; or

                     (d)  the owner of a ship has failed to comply with section 193 in respect of the ship;

it may cancel any certificate issued in respect of the ship under Division 2 or Division 2B or detain the ship until it is satisfied that the ship can proceed to sea without danger to its crew or passengers.

             (3)  Where the Authority cancels a certificate issued in respect of a ship under Division 2 or Division 2B, the certificate is of no force or effect after the Authority has given notice in writing of the cancellation to the owner, agent or master of the ship.

             (4)  Where a certificate issued in respect of a ship under Division 2 or Division 2B has expired or been cancelled, the Authority may require the owner or master of the ship to deliver up the certificate to the Authority or to such other person as the Authority directs, and the Authority may detain the ship until the requirement is complied with.

190B  Regulations relating to construction, surveys etc.

             (1)  The regulations may:

                     (a)  specify requirements with which the construction, hull, equipment and machinery of ships shall comply; and

                     (b)  make provision for or in relation to the survey and inspection of ships.

             (2)  Without limiting the generality of subsection (1), the regulations that may be made by virtue of that subsection include regulations for or in relation to:

                     (a)  the assigning of subdivision load lines to, and the marking of subdivision load lines on, ships;

                     (b)  the furnishing of reports and declarations of survey, and the issuing of certificates, under this Part; and

                     (c)  the exempting of ships, other than nuclear ships, from any requirement of this Act that relates to the construction, hull, equipment or machinery of ships.

191  Regulations to give effect to Safety Convention

             (1)  The regulations may make provision for or in relation to giving effect to the Safety Convention.

             (2)  Where a provision of the convention applies only in relation to a particular class of ships or in relation to ships engaged on a particular class of voyages, any regulation that gives effect to that provision may be applied to ships of any other class or to ships engaged in any other class of voyages.

             (3)  Section 2 does not have effect in relation to a regulation, or an order made in pursuance of the regulations, that gives effect to a provision of Chapter V of the Regulations contained in the Annex to the Convention (other than Regulation 13 or 15 of that Chapter of those Regulations).

             (4)  Regulations and orders giving effect to the Convention do not apply in relation to a ship referred to in paragraph 2(1)(a), (b), (c) or (d) to the extent that a law of a State or of the Northern Territory makes provision giving effect to the Convention in relation to that ship.

191A  Discretions relating to regulations giving effect to Conventions

             (1)  Where, under this Act, the Governor-General is empowered to make regulations for the purpose of implementing or giving effect to any of the provisions of the Container Convention, the Safety Convention, the Prevention of Collisions Convention, the Prevention of Pollution from Ships Convention or the Load Line Convention, the requirement shall, in the case of a provision the terms of which are such as to vest in the several Governments who are parties to the Convention a discretion as to whether any, and if so what, action should be taken thereunder, be construed as an authority to the Governor-General to make by regulation such provision (if any) with respect to the matter in question as the Governor-General in the exercise of that discretion thinks proper.

             (2)  Notwithstanding any regulation made under any provision of this Act for the purpose of giving effect to, or implementing, any provision of the Safety Convention, the Prevention of Collisions Convention, the Prevention of Pollution from Ships Convention or the Load Line Convention which requires a particular fitting, material, appliance or apparatus, or type thereof, to be fitted or carried in a ship, or any particular provision to be made in a ship, the Authority may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made if it is satisfied that that other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by the Convention.

191B  Offences with respect to subdivision load line marks

             (1)  If a ship (other than a Safety Convention ship):

                     (a)  has been marked in accordance with the regulations or orders with subdivision load lines; and

                     (b)  the ship is not kept so marked;

the owner and the master of the ship are each guilty of an offence in respect of each day during which the ship is not kept so marked

(including the day on which the person is convicted under this subsection, or any subsequent day).

Penalty:  $2,000.

             (2)  A person commits an offence if:

                     (a)  a ship other than a Safety Convention ship has been marked with a subdivision load line mark; and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct results in the concealment, removal, alteration, defacing or obliteration of any such mark.

Penalty:  $5,000 or imprisonment for 2 years, or both.

             (3)  Subsection (2) does not apply if the person has reasonable cause.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

192A  Detention of ships not registered in Australia

             (1)  Where, under this Part, a ship to which Part II does not apply is detained or proceedings are taken against the owner or master of such a ship, the Authority shall forthwith give notice in writing, specifying the grounds on which the ship has been detained or the proceedings have been taken, to the consul for the country in which the ship is registered at or nearest to the port where, for the time being, the ship is.

             (2)  Where notice of the detention of a ship is given to a consul under subsection (1), a person named by the consul may accompany any person directed to survey the ship while he or she is carrying out the survey.

192B  Stability information

                   The regulations may make provision for or in relation to the carrying on a ship of information with respect to the stability of the ship and, without limiting the generality of the foregoing, regulations so made may specify the tests or other data on which such information is to be based.

192C  Nuclear ships

             (1)  The regulations may make provision for ensuring that nuclear ships do not cause unreasonable radiation or other nuclear hazards to the crews or passengers of such ships, or to other persons, or to any waterways or food or water resources.

             (2)  Without limiting the generality of subsection (1), the regulations that may be made by virtue of that subsection include regulations:

                     (a)  making provision for or in relation to the preparation and the maintaining, in respect of a nuclear ship registered in Australia, of a Safety Assessment, that is to say, a document setting out prescribed information with respect to the ship and its power plant to enable an assessment to be made from time to time of the safety of the ship and of its power plant for the purpose of ensuring that there is no unreasonable radiation or other hazard to the crew or passengers of the ship or to other persons, or to waterways or food or water resources;

                     (b)  making provision for or in relation to the preparation and the maintaining, in respect of a nuclear ship registered in Australia, of an Operating Manual, that is to say, a document setting out prescribed information with respect to the operation of the power plant of the ship;

                     (c)  specifying requirements to be complied with in relation to a nuclear ship before it enters a port in Australia, including the giving of notice that the ship proposes to enter the port, the furnishing of prescribed information and the production of the Safety Assessment of the ship, or of a document that is issued by the government of another country in respect of the ship and corresponds with a Safety Assessment; and

                     (d)  requiring the giving of notice by the master of a nuclear ship of any accident causing, or likely to cause, the existence of a hazard on, or in the vicinity of, the ship.

             (3)  The owner or master of a nuclear ship shall not permit the ship to enter Australia unless a person authorized by the Authority for the purposes of this subsection has informed the owner or master of the ship that he or she is satisfied as to the safety of the ship with respect to radiation and other nuclear hazards.

             (4)  A person who contravenes subsection (3) or a provision of the regulations made by virtue of this section is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.


 

Division 2Surveys of steamships and survey certificates

193  Steamships to be surveyed periodically

             (1)  Subject to this Part, the owner of a steamship shall cause a part of the steamship that, under the regulations or orders, is subject to survey to be surveyed at least once during each prescribed period.

Penalty:  $2,000.

             (2)  For the purposes of subsection (1), prescribed period, in relation to a part of a steamship, means:

                     (a)  a period of 12 months; or

                     (b)  such longer period as, under the regulations or orders, is applicable to that part of the steamship.

             (3)  The regulations may make provision for exempting, in whole or in part, from subsection (1) a steamship in respect of which there is in force a certificate under this Division or under Division 2B, a valid Safety Convention certificate or a classification certificate.

194  Surveyors’ reports and declarations, and issue of certificates

             (1)  When a surveyor has made a survey of a steamship, in whole or in part, he or she shall furnish a report on the survey to the Authority.

             (2)  If the surveyor is satisfied that it is proper for him or her so to do, the surveyor shall furnish to the Authority a declaration in the prescribed form in respect of the survey.

             (3)  The surveyor shall state in the declaration:

                     (a)  the voyages or class of voyages on which, in the opinion of the surveyor, having regard to the construction, equipment and machinery of the ship, so far as surveyed by him or her, the ship is fit to ply; and

                     (b)  in the case of a passenger steamship which, in the opinion of the surveyor, is, so far as surveyed by him or her, fit to ply on international voyages while engaged in a special trade only, that the ship is so fit only while so engaged.

             (4)  The Authority may, after taking into account any report or reports furnished to it in respect of the ship by a surveyor or surveyors, issue in respect of the ship, in the prescribed form, a certificate of survey, a passenger certificate or certificates of equipment.

             (5)  The Authority may refuse to issue a certificate in respect of a ship under subsection (4) if it is not satisfied that the ship complies with any relevant requirement of this Act which relates to the construction, hull, equipment or machinery of ships.

             (6)  Where the Authority is of the opinion:

                     (a)  that a certificate issued under the law of a State or Territory or of a country other than Australia is equivalent to a certificate of survey or certificate of equipment issued under subsection (4); or

                     (b)  that a class of certificates issued under the law of a State or Territory or of a country other than Australia is equivalent to a class of certificates of survey or certificates of equipment issued under subsection (4);

the Authority may determine, in writing:

                     (c)  that the certificate or class of certificates is so recognised; or

                     (d)  that, if specified conditions are satisfied in relation to the ship in respect of which the certificate was issued or in relation to a ship in respect of which a certificate in the class of certificates was issued, the certificate is so recognised.

195  Duration and extension of certificates

             (1)  Subject to this Act, a certificate of survey, a passenger certificate or a certificate of equipment remains in force for such period as is prescribed, or, where a period is specified in the certificate, for that period.

          (1A)  Where a ship in respect of which a certificate of survey, a passenger certificate or a certificate of equipment has been issued is not in an Australian port at the time when the certificate expires or is about to expire, the Authority may, if it appears proper and reasonable for it so to do, extend the certificate for a period not exceeding 5 months from the date of expiration of the certificate, for the purpose of allowing the ship to proceed to a port specified by the Authority to be surveyed.

          (1B)  An extension of a certificate under subsection (1A) is of no further effect upon the arrival of the ship at the port so specified.

             (2)  The Authority may, if it appears proper and reasonable so to do and it is satisfied that no danger to the ship or its crew or its passengers or cargo will arise from so doing, extend a certificate of survey, a passenger certificate or a certificate of equipment for such period, not exceeding one month, as it thinks fit.

195A  Cancellation of certificates if ship ceases to be registered in Australia

                   A certificate of survey, a passenger certificate or a certificate of equipment ceases to have effect if the ship in respect of which it was issued ceases to be registered in Australia.

196  Certificates to be made available for examination

                   The master of a ship in respect of which a certificate of survey, a passenger certificate or a certificate of equipment has been issued must, while the certificate remains in force, ensure that a copy of the certificate is available at all reasonable times for examination on request by any person on board the ship.

Penalty:  5 penalty units.

202  Overcrowding steamships

             (1)  The owner or master of a steamship shall not receive or have on board the ship a number of passengers in excess of the number specified in the certificate of the ship as the number of passengers which the ship is fit to carry.

Penalty:  $2,000 and an amount of $200 for each person on board in excess of the number specified in the certificate of the ship.

             (2)  The owner, master or agent of a steamship shall not take payment of passage money from a number of persons in excess of the number specified in the certificate of the ship as the number of passengers which the ship is fit to carry.

Penalty:  $1,000.

             (3)  This section does not apply in relation to a voyage upon which, with the consent of the Authority, persons are carried for the purpose of enabling them to be moved from a place in consequence of a threat to their lives.

             (4)  In this section, certificate, in relation to a ship, means the certificate of survey or passenger certificate, if any, issued in respect of the ship or any certificate issued in respect of the ship by or on behalf of the government of another country that specifies the number of passengers that the ship is fit to carry.

203  Alteration of certificates with respect to number of passengers

             (1)  The owner of any steam-ship may at any time apply for an alteration of the certificate of survey or passenger certificate of the ship in regard to the number of passengers it may carry.

             (2)  The Authority may, on receipt of the application, and after further survey, permit the certificate of survey or passenger certificate to be amended.

204  Inspection of ships exempt from survey

             (3)  A person authorized in writing by the Authority to make inspections under this section may, at any time, inspect a ship which is wholly or partly exempt from survey under the regulations and shall, upon making such an inspection, forthwith report the result of the inspection to the Authority.

             (4)  Upon the receipt by the Authority of a report under subsection (3), it may, subject to subsection (5), cancel the exemption of the ship from survey or suspend the operation, for the purposes of this Act, of a certificate in force in respect of the ship, and thereupon the ship becomes liable to survey.

             (5)  The Authority shall not cancel the exemption from survey of a ship in respect of which a valid Safety Convention certificate is in force, or suspend the operation, for the purposes of this Act, of a valid Safety Convention certificate in force in respect of a ship, unless the Authority has reason to believe:

                     (a)  that the condition of the ship, or of its equipment, does not substantially correspond with the certificate; and

                     (b)  that the ship cannot proceed to sea without danger to its crew or passengers.

204A  Non-application to certain ships

                   Notwithstanding anything contained in this Act, any ship, not being bound to a port in Australia, which has been compelled, by stress of weather or force majeure, to take refuge in such a port, shall not be subject to any requirements of this Division, or of Division 6A, or of the regulations under section 215, or of the orders made under subsection 425(1AA) if, in the ordinary course of its voyage, the ship would have been exempt from that requirement.

206  Operation of watertight doors etc.

                   The regulations may make provision for or in relation to the closing, and the periodical trial and operation, of watertight doors, side scuttles, valves and similar contrivances in ships.


 

Division 2ASailing ships

206B  Application of Division 2 to sailing ships

                   The provisions of Division 2, relating to steamships, shall, so far as they are applicable, be deemed to apply also to sailing ships over 50 tons gross tonnage to which Part II applies, and those provisions shall accordingly be read, for the purposes of this Division, as if such sailing ships were included in the word “steamships”.


 

Division 2BIssue of safety certificates

206C  Interpretation

             (1)  In this Division:

nuclear cargo ship means a nuclear ship other than a nuclear passenger ship.

nuclear passenger ship means a nuclear ship carrying more than 12 passengers.

steamship does not include a nuclear ship.

             (2)  Section 25C of the Acts Interpretation Act 1901 does not apply to a safety certificate issued under this Division in respect of a ship in accordance with the Safety Convention.

206D  Passenger steamships—safety certificates

             (1)  Where, on receipt of declarations of survey in respect of a steamship registered in Australia, the Authority is satisfied that the ship complies with the requirements of this Act that relate to the construction, equipment and machinery of passenger steamships engaged on international voyages, other than short international voyages, or with such of those requirements as are requirements from which it does not propose to exempt the ship, it may issue in respect of the ship, in the prescribed form, a passenger ship safety certificate.

             (2)  Where, on receipt of declarations of survey in respect of a steamship registered in Australia, the Authority is satisfied that the ship complies with the requirements of this Act that relate to the construction, equipment and machinery of passenger steamships engaged on short international voyages, or with such of those requirements as are requirements from which it does not propose to exempt the ship, it may issue in respect of the ship, in the prescribed form, a passenger ship short voyage safety certificate.

206E  Cargo steamships—safety construction certificates

             (1)  Where, on receipt of declarations of survey in respect of a steamship registered in Australia or a report on the survey of such a ship made by or on behalf of a survey authority, the Authority is satisfied that the ship complies with the requirements of this Act that relate to the construction, fixed equipment and machinery of cargo steamships engaged on international voyages or with such of those requirements as are requirements from which it does not propose to exempt the ship, it may issue in respect of the ship, in the prescribed form, a cargo ship safety construction certificate.

             (2)  Where, after the survey of a steamship carried out by or on behalf of a survey authority, the survey authority is satisfied that the ship complies with the requirements of this Act that relate to the construction, fixed equipment and machinery of cargo steamships engaged on international voyages or with such of those requirements as are requirements from which the Authority has not exempted the ship, the survey authority may issue in respect of the ship, in the prescribed form, a cargo ship safety construction certificate.

             (3)  In this section, fixed equipment means:

                     (a)  electrical installations and electrical equipment, other than radio installations and radio equipment; and

                     (b)  equipment for communicating between the bridge of a ship and the engine room.

206F  Cargo steamships—safety equipment certificates

                   Where, on receipt of declarations of survey in respect of a steamship registered in Australia, the Authority is satisfied that the ship complies with the requirements of this Act that relate to the equipment (other than radio equipment or equipment that is fixed equipment for the purposes of section 206E) of cargo steamships engaged on international voyages, or with such of those requirements as are requirements from which it does not propose to exempt the ship, it may issue in respect of the ship, in the prescribed form, a cargo ship safety equipment certificate.

206G  Cargo steamships—safety radio certificates

                   Where, on receipt of declarations of survey in respect of a steamship registered in Australia, the Authority is satisfied that the ship complies with the requirements of this Act that relate to the radio equipment of cargo steamships engaged on international voyages, or with such of those requirements as are requirements from which it does not propose to exempt the ship, it may issue in respect of the ship, in the prescribed form, a cargo ship safety radio certificate.

206GA  Cargo steamships—safety certificates

                   If, in respect of a steamship registered in Australia, the Authority is satisfied that it could issue:

                     (a)  a cargo ship safety construction certificate under subsection 206E(1); and

                     (b)  a cargo ship safety equipment certificate under section 206F; and

                     (c)  a cargo ship safety radio certificate under section 206G;

it may issue, in the prescribed form, a cargo ship safety certificate in respect of the ship.

206H  Exemptions

             (1)  Where, under the regulations or orders, the Authority exempts a ship from a requirement of this Act that relates to the construction, hull, equipment or machinery of ships engaged on international voyages, it may issue in respect of the ship, in the prescribed form, an exemption certificate specifying the requirement from which the ship is exempt and the conditions, if any, subject to which the ship is exempt.

             (2)  Where an exemption certificate specifies conditions subject to which the ship is exempt from a requirement specified in the certificate and the conditions are not complied with, the master and owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.

             (3)  An offence under subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

206J  Nuclear passenger ships—safety certificates

                   Where, on receipt of declarations of survey in respect of a nuclear ship registered in Australia, the Authority is satisfied that the ship:

                     (a)  complies with the requirements of this Act that relate to:

                              (i)  the construction, equipment and machinery of passenger steamships engaged on international voyages, other than such of those requirements as do not apply to nuclear passenger ships; and

                             (ii)  the construction, equipment and machinery of nuclear passenger ships; and

                     (b)  conforms to the Safety Assessment of the ship;

it may issue in respect of the ship, in the prescribed form, a nuclear passenger ship safety certificate.

206K  Nuclear cargo ships—safety certificates

                   Where, on receipt of declarations of survey in respect of a nuclear ship registered in Australia, the Authority is satisfied that the ship:

                     (a)  complies with the requirements of this Act that relate to:

                              (i)  the construction, equipment and machinery of cargo steamships engaged on international voyages, other than such of those requirements as do not apply to nuclear cargo ships; and

                             (ii)  the construction, equipment and machinery of nuclear cargo ships; and

                     (b)  conforms to the Safety Assessment of the ship;

it may issue in respect of the ship, in the prescribed form, a nuclear cargo ship safety certificate.

206L  Authority may request Safety Convention countries to issue certificates

             (1)  The Authority may request the government of a country to which the Safety Convention applies to issue or to authorise the issue of, or to endorse or to authorise the endorsement of, in respect of a ship registered in Australia, a certificate that:

                     (a)  by virtue of the Safety Convention or a law of that country which gives effect to that Convention, the government of that country may issue or authorise the issue of, or endorse or authorise the endorsement of in respect of a ship registered in that country; and

                     (b)  corresponds, or substantially corresponds, with a certificate which the Authority is empowered under this Division to issue in respect of that ship.

             (2)  A certificate issued or endorsed in pursuance of such a request, and containing a statement that it has been so issued or endorsed, has effect, for the purposes of this Act, as if it were a certificate of the kind to which it corresponds issued or endorsed under this Division.

206M  Safety Convention countries may request Authority to issue certificates

             (1)  The Authority may, at the request of the government of a country to which the Safety Convention applies, issue or authorise the issue of, or endorse or authorise the endorsement of, in respect of a ship registered in that country a certificate that, under this Division, it could issue or authorise the issue of, or endorse or authorise the endorsement of, in respect of that ship if it were registered in Australia.

             (2)  A certificate issued or endorsed under this section:

                     (a)  shall contain a statement to the effect that it has been issued or endorsed at the request of the government of the country in which the ship is registered; and

                     (b)  has effect, for the purposes of this Act, as if it had been issued or endorsed by the government which requested its issue or its endorsement.

206N  Duration of certificates

             (1)  Subject to this Act, a passenger ship safety certificate, a passenger ship short voyage safety certificate, a cargo ship safety construction certificate, a cargo ship safety equipment certificate, a cargo ship safety radio certificate, a cargo ship safety certificate, an exemption certificate, a nuclear passenger ship safety certificate or a nuclear cargo ship safety certificate remains in force for the period specified in the certificate.

             (2)  The period specified in a certificate under subsection (1) must not exceed such period as is prescribed for that kind of certificate.

206P  Extension of certificates

                   The regulations may provide for the extension of certificates in a manner and for the duration set out in Regulation 14 of Chapter 1 of the Safety Convention.

206PA  Cancellation of certificates if ship ceases to be registered in Australia

                   A certificate issued under this Division ceases to have effect if the ship in respect of which it was issued ceases to be registered in Australia.

206Q  Certificates to be made available for examination

                   The master of a ship in respect of which a certificate has been issued under this Division must, while the certificate remains in force, ensure that a copy of the certificate is available at all reasonable times for examination on request by any person on board the ship.

Penalty:  5 penalty units.


 

Division 2CSurvey and safety certificates required for ships

206R  Interpretation

                   In this Division, steamship does not include a nuclear ship.

206S  Certificates required for Australian passenger steamships

             (1)  The master or owner of a passenger steamship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, on an international voyage unless there is in force in respect of the ship:

                     (a)  a passenger ship safety certificate or, if the voyage is a short international voyage, a passenger ship short voyage safety certificate; and

                     (b)  a passenger certificate;

and any exemption certificate in force in respect of the ship applies to the voyage.

             (2)  The master or owner of a passenger steamship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, on a voyage other than an international voyage unless:

                     (a)  there is in force in respect of the ship a certificate of survey appropriate to the voyage; or

                     (b)  the master of the ship would not, if the voyage were an international voyage, commit an offence against subsection (1) if he or she took the ship to sea on the voyage.

Penalty:  $10,000 or imprisonment for 4 years, or both.

206T  Certificates required for Australian cargo steamships

             (1)  The master or owner of a cargo steamship that:

                    (aa)  is registered in Australia; and

                    (ab)  is of 500 tons or more gross tonnage; and

                    (ac)  is not a fishing vessel;

must not take the ship to sea, or permit the ship to be taken to sea, on an international voyage unless:

                     (a)  there is in force in respect of the ship a passenger ship safety certificate or, if the voyage is a short international voyage, a passenger ship short voyage safety certificate, and any exemption certificate in force in respect of the ship applies to the voyage; or

                     (b)  there is in force in respect of the ship:

                              (i)  a cargo ship safety construction certificate;

                             (ii)  a cargo ship safety equipment certificate; and

                            (iii)  a cargo ship safety radio certificate;

                            and any exemption certificate in force in respect of the ship applies to the voyage.

             (2)  The master or owner of a cargo steamship that:

                    (aa)  is registered in Australia; and

                    (ab)  either:

                              (i)  is of less than 500 tons gross tonnage; or

                             (ii)  is of 500 or more tons gross tonnage and is a fishing vessel;

must not take the ship to sea, or permit the ship to be taken to sea, on an international voyage unless:

                     (a)  there is in force in respect of the ship:

                              (i)  a certificate of survey appropriate to the voyage; or

                             (ii)  certificates of equipment appropriate to the voyage and a classification certificate; and

                     (b)  if the ship is of 300 or more tons gross tonnage—there is in force in respect of the ship a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate, and any exemption certificate in force in respect of the ship applies to the voyage.

             (3)  The master or owner of a cargo steamship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, on a voyage other than an international voyage unless:

                     (a)  there is in force in respect of the ship a certificate of survey appropriate to the voyage;

                     (b)  there is in force in respect of the ship a cargo ship safety construction certificate and certificates of equipment appropriate to the voyage, and any exemption certificate in force in respect of the ship applies to the voyage;

                     (c)  if the ship is less than 500 tons gross tonnage—there is in force in respect of the ship certificates of equipment appropriate to the voyage and a classification certificate; or

                     (d)  the master of the ship would not, if the voyage were an international voyage, commit an offence against subsection (1) or (2) if he or she took the ship to sea on that voyage.

Penalty:  $10,000 or imprisonment for 4 years, or both.

206U  Certificates required for Australian nuclear ships

             (1)  The master or owner of a nuclear ship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, unless there is in force in respect of the ship:

                     (a)  if the ship is a passenger ship—a nuclear passenger ship safety certificate; or

                     (b)  if the ship is a cargo ship—a nuclear passenger ship safety certificate or a nuclear cargo ship safety certificate.

Penalty:  $10,000 or imprisonment for 4 years, or both.

206V  Certificates required for non-Safety Convention ships not registered in Australia

             (1)  Subject to subsection (2), the master or owner of a ship that is not registered in Australia and is not a Safety Convention ship shall not take the ship to sea, or permit the ship to be taken to sea, on a voyage from a port in Australia unless there is in force in respect of the ship:

                     (a)  if the ship is a passenger ship—a certificate of survey appropriate to the voyage; or

                     (b)  if the ship is a cargo ship:

                              (i)  a certificate of survey appropriate to the voyage; or

                             (ii)  certificates of equipment appropriate to the voyage and a classification certificate.

Penalty:  $10,000 or imprisonment for 4 years, or both.

             (2)  The Authority may, by instrument in writing, exempt a ship, or ships included in a class of ships, from the application of subsection (1).

             (3)  The Authority shall not exercise its powers under subsection (2) unless it is satisfied, having regard to any certificate in force in respect of the ship or each ship included in the class of ships, that it can do so without danger to the ship or each ship, as the case may be, or to the passengers and crew.

             (4)  An exemption under subsection (2):

                     (a)  is subject to such conditions (if any) as are specified in the exemption; and

                     (b)  may be confined to a particular period or to one or more particular voyages.

             (5)  If a condition that is applicable to a ship by virtue of an exemption under subsection (4) is contravened, the master and owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.

206W  Production of certificates

             (1)  Where:

                     (a)  application is made to an officer of Customs in respect of a ship, other than a Safety Convention ship, for a clearance under the Customs Act for a voyage from a port in Australia; and

                     (b)  the master of the ship would contravene section 206S, 206T, 206U or 206V if he or she took the ship to sea on that voyage from that port without there being in force in respect of the ship a certificate or certificates as required by that section;

the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs the certificate or certificates so required and any exemption certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is, or the certificates are, produced to the officer of Customs.

             (2)  Where application is made to an officer of Customs in respect of a Safety Convention ship for a clearance under the Customs Act for a voyage from a port in Australia, the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs such valid Safety Convention certificate or valid Safety Convention certificates in respect of the ship as corresponds, or respectively correspond, with such certificate or certificates issued under Division 2B as the master could be required to produce under subsection (1) if:

                     (a)  the ship were registered in Australia;

                     (b)  the ship were proceeding on that voyage; and

                     (c)  in a case where the voyage is not an international voyage, the voyage were such a voyage;

and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the Safety Convention certificate is, or the Safety Convention certificates are, produced to the officer of Customs.

206X  Modification of certificates

                   Where there is annexed to a valid Safety Convention certificate issued in respect of a ship a memorandum that:

                     (a)  has been issued by or under the authority of the government of the country in which the ship is registered; and

                     (b)  modifies, for the purpose of a particular voyage, by reason of the number of persons carried on that voyage, the particulars stated in the certificate with respect to life-saving appliances;

the certificate has effect for the purpose of that voyage as if it were modified in accordance with the memorandum.


 

Division 3Unseaworthy and substandard ships

207  Definition of seaworthy

             (1)  Subject to subsection (2), a ship shall not be deemed seaworthy under this Act unless:

                     (a)  it is in a fit state as to condition of hull and equipment, boilers and machinery, stowage of ballast or cargo, number and qualifications of crew including officers, and in every other respect, to encounter the ordinary perils of the voyage then entered upon; and

                     (b)  it is not overloaded.

             (2)  Where:

                     (a)  it is proposed to take a Safety Convention ship to sea on a voyage from a port in Australia; and

                     (b)  there is in force in respect of the ship the certificate or certificates that may be required to be produced under subsection 206W(2) in respect of the voyage;

the ship shall, for the purposes of this Act, be deemed to be seaworthy in relation to that voyage with respect to the condition of the ship and its equipment unless the condition of the ship or of its equipment does not correspond substantially with the particulars of that certificate or of any of those certificates.

207A  Substandard ships

             (1)  A ship is, for the purposes of this Act, substandard if the ship is seaworthy, but conditions on board the ship are clearly hazardous to safety or health.

             (2)  In determining whether a ship is substandard, regard shall be had to such matters as are prescribed.

208  Sending unseaworthy ship to sea

             (1)  Every person who sends any ship to sea in an unseaworthy state, so that the life of any person is likely to be thereby endangered, shall be guilty of an offence punishable on conviction by a fine not exceeding $20,000 or imprisonment for a period not exceeding 10 years, or both.

          (1A)  It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that he or she used all reasonable means to ensure the seaworthiness of the ship.

Note:          The defendant bears a legal burden in relation to the matter in subsection (1A) (see section 13.4 of the Criminal Code).

             (2)  Every master who takes a ship to sea, reckless as to whether the ship is in an unseaworthy state, so that the life of any person is likely to be thereby endangered, shall be guilty of an offence punishable on conviction by a fine not exceeding $20,000 or imprisonment for a period not exceeding 10 years, or both.

             (4)  Nothing in this section shall subject the owner or master of a ship to any liability, by reason of the ship being sent or taken to sea in an unseaworthy state, where, owing to special circumstances, the sending of the ship to sea in that state was reasonable and justifiable.

209  Seaman may claim discharge from unseaworthy or substandard ship

                   If a ship to which Part II applies is unseaworthy or substandard a seaman belonging to the ship shall not be deemed to have committed a breach of his or her agreement by reason of his or her having refused to sail in the ship while it is unseaworthy or substandard; and any seaman so refusing may claim his or her discharge unless the ship is made seaworthy or ceases to be substandard, as the case may be, within a reasonable time.

210  Detention of unseaworthy and substandard ships

             (1)  If it appears to the Authority that a ship is unseaworthy or substandard, the Authority may order the ship to be provisionally detained.

             (2)  The Authority shall immediately give the master of the ship notice of the provisional detention, together with a statement of the grounds of the detention.

             (3)  The Authority shall direct a person to prepare a report as to whether the ship is unseaworthy or substandard.

             (4)  The ship shall be surveyed by a surveyor if a survey is necessary for the preparation of the report.

             (5)  Unless the Authority decides to order the ship to be unconditionally released, the Authority shall provide the master of the ship with a copy of the report.

             (6)  On receipt of the report, the Authority may:

                     (a)  order the ship to be finally detained; or

                     (b)  order its release unconditionally or on such conditions as the Authority considers appropriate.

             (7)  If an order for the final detention of the ship is made, the ship shall not be released until the Authority is satisfied that its further detention is no longer necessary, and orders its release.

211  Costs of detention

             (1)  If it appears that there was no reasonable and probable cause for the provisional detention of the ship, the Authority shall be liable to pay to the owner of the ship his or her costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by the owner by reason of the detention or survey.

             (2)  If:

                     (a)  a ship is finally detained under this Division;

                     (b)  a ship is provisionally detained under this Division and the ship was, at the time of detention, unseaworthy or substandard; or

                     (c)  a ship is detained in pursuance of a provision of this Part which provides for the detention of a ship until a certain event occurs;

the owner of the ship is liable to pay to the Authority the costs of and incidental to the detention and survey of the ship and those costs are recoverable by the Authority in a Court of summary jurisdiction.

212  Taking detained ship to sea

                   If the master of any ship legally detained under this Division takes the ship to sea before it is duly released, the master shall be guilty of an offence punishable on conviction by a fine not exceeding $20,000 or imprisonment for a period not exceeding 10 years, or both.

213  Security for costs

             (1)  Where a complaint is made to the Authority that a ship is unseaworthy or substandard, the Authority may, if it thinks fit, require the complainant to give security to its satisfaction for any costs and compensation which it may become liable to pay in consequence of the detention and survey of the ship.

             (2)  Provided that where the complaint is made by 3 or more of the seamen belonging to the ship, and is not in the opinion of the Authority frivolous or vexatious, such security shall not be required, and the Authority shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained.

214  Circumstances where complainant liable for costs of detention

                   Where a ship is detained in consequence of any complaint, and the circumstances are such that the Authority or the Commonwealth would be liable to pay compensation or costs to the owner of the ship, the complainant shall pay to the Authority all costs incurred and compensation paid by it on account of the detention and survey of the ship.


 

Division 4Life-saving appliances and fire protection

215  Regulations may make provision in relation to life-saving and fire prevention

             (1)  The regulations may make provision for or in relation to:

                     (a)  the saving of life at sea; and

                     (b)  the prevention, detection and extinction of fire on ships.

             (2)  Without limiting the generality of subsection (1), the regulations which may be made by virtue of that subsection include regulations for or in relation to:

                     (a)  the appliances to be carried, and the measures to be observed, on ships for the saving of life at sea and the prevention, detection and extinction of fire on ships; and

                     (b)  the exemption of ships from any requirement of this Act that relates to the saving of life at sea or the prevention, detection or extinction of fire on ships.

216A  Modification of certificates in respect of life-saving appliances

             (1)  If, on any international voyage, a passenger steamship, registered in Australia, in respect of which a passenger ship safety certificate or a passenger ship short voyage safety certificate is in force, has on board a total number of persons less than the number stated in that certificate to be the number for which the life-saving appliances on the steamship provide, the Authority or any person authorized by it for the purpose, may, at the request of the master of the steamship, issue a memorandum stating the total number of persons carried on the steamship on that voyage, and the consequent modifications which may be made for the purpose of that voyage in the particulars with respect to life-saving appliances stated in the certificate, and that memorandum shall be annexed to the certificate.

             (2)  Every such memorandum shall be returned to the Authority at the end of the voyage to which it relates.

217  Offences as to appliances

             (1)  If a ship that does not carry every prescribed life-saving appliance and every prescribed fire appliance goes to sea, the owner of the ship and the master of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.

          (1A)  An offence under subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  If the owner of a ship or the master of a ship permits, through neglect, the loss of, or damage to, a life-saving appliance or a fire appliance carried by the ship, the owner or the master, as the case may be, is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.

             (3)  If:

                     (a)  a life-saving appliance, or a fire appliance, that is carried by a ship is lost and is not replaced at the first opportunity;

                     (b)  a life-saving appliance, or a fire appliance, carried by a ship suffers damage and is not repaired at the first opportunity; or

                     (c)  at any time a life-saving appliance, or a fire appliance, that is carried by a ship is not fit and ready for use;

the owner of the ship and the master of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.

             (4)  An offence under subsection (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.


 

Division 5Load lines

218  Interpretation

             (1)  In this Division, unless the contrary intention appears:

Australian load line certificate means a certificate issued under paragraph 222(b).

international load line certificate means a certificate issued under paragraph 222(a).

international load line exemption certificate means a certificate issued under section 223.

load line means a load line other than a subdivision load line.

Load Line Convention country means a country or territory specified in a notice under section 219.

non-Australian Load Line Convention ship means a ship that is registered in a Load Line Convention country and is a ship to which the Load Line Convention applies.

ship to which the Load Line Convention applies means a ship to which, in accordance with Articles 4 and 5 of the Load Line Convention, that Convention applies.

the conditions of assignment means the regulations which give effect to Chapter II of Annex I to the Load Line Convention, including any application of those regulations to ships or a class of ships not engaged on international voyages or to which the Load Line Convention does not otherwise apply.

valid Load Line Convention certificate means a certificate in the form of the International Load Line Certificate set out in Annex III to the Load Line Convention, being a certificate that:

                     (a)  is issued in respect of a non-Australian Load Line Convention ship by or with the authority of the government of the country in which the ship is registered; and

                     (b)  complies with such requirements as are prescribed.

valid Load Line Convention exemption certificate means a certificate in the form of the International Load Line Exemption Certificate set out in Annex III to the Load Line Convention, being a certificate that:

                     (a)  is issued in respect of a non-Australian Load Line Convention ship by or with the authority of the government of the country in which the ship is registered; and

                     (b)  complies with such requirements as are prescribed.

219  Declaration of Load Line Convention countries

                   The Authority may, by notice published in the Gazette, declare that, for the purposes of this Part, a country or territory, other than Australia, specified in the notice is a Load Line Convention country or territory.

220  Load line regulations

             (1)  The regulations may make provision for and in relation to giving effect to the Load Line Convention and generally may make provision for and in relation to load lines, including the assigning of, and the survey of ships for the purpose of assigning, load lines to ships and the marking of load lines on ships.

             (2)  Any regulations or orders that make provision for or in relation to giving effect to the Load Line Convention may be expressed to apply to a ship, or a class of ships, that is not engaged on international voyages or to which the Load Line Convention does not otherwise apply, and may be expressed so to apply without modification or with modifications specified in or to be determined under the regulations or orders, as the case may be.

221  Exemptions

             (1)  The Authority may, in relation to a ship that is registered in Australia and is a ship to which the Load Line Convention applies, exercise the right conferred on the government of the Commonwealth by paragraph (1) of Article 6 of the Load Line Convention to exempt a ship from the provisions of the Convention, and a ship so exempted, and the master and owner of the ship, are exempt from compliance with any provision of this Division, or any provision of the regulations, that gives effect to the provisions of the Convention.

          (1A)  An exemption granted by the Authority under subsection (1) may be granted subject to the condition that such safety requirements as are specified by the Authority in relation to the ship are complied with.

          (1B)  The powers of the Authority under subsection (1) to grant an exemption in respect of a ship extend to granting exemptions in respect of ships included in a class of ships.

          (1C)  Where safety requirements specified by the Authority under subsection (1A) in relation to a ship are not complied with, the master and owner of the ship are each guilty of an offence.

          (1D)  An offence under subsection (1C) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  The Authority may, in relation to a ship that is registered in Australia and is a ship to which the Load Line Convention applies, exercise the right conferred on the government of the Commonwealth by paragraph (2) of Article 6 of the Load Line Convention to exempt a ship from a provision of the Convention, and a ship so exempted, and the master and owner of the ship, are exempt from compliance with any provision of this Division, or any provision of the regulations or orders, that gives effect to that provision of the Convention.

             (3)  An exemption granted by the Authority under subsection (2) may be granted subject to the condition that such safety requirements as are specified by the Authority in relation to the ship are complied with.

             (4)  Where safety requirements specified by the Authority in relation to a ship under subsection (3) are not complied with, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.

          (4A)  An offence under subsection (4) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (5)  Where a ship registered in Australia, being a ship that is not ordinarily engaged on international voyages but would be a ship to which the Load Line Convention applies if it were engaged on international voyages, undertakes, in exceptional circumstances, a single international voyage, the Authority may, if it is satisfied that the ship complies with safety requirements that, in its opinion, are adequate for the voyage, exempt the ship or the master and owner of the ship, in respect of that voyage, from compliance with any provision of this Division, or any provision of the regulations or orders that relates to load lines.

             (6)  Where the Authority is satisfied that it would be unreasonable or impracticable to apply this Division, or a provision of this Division or a provision of the regulations or orders that relates to load lines, to or in relation to a ship that is not a ship to which the Load Line Convention applies, it may, subject to such conditions as it thinks fit for ensuring the safety of the ship and the passengers and crew of the ship, exempt the ship, or the master and owner of the ship, from compliance with the provisions of this Division or from compliance with that provision of this Division or of that provision of the regulations or orders, as the case may be.

             (7)  The powers of the Authority under subsection (6) to grant an exemption in respect of a ship extend to granting exemptions in respect of ships included in a class of ships.

             (8)  Where a condition specified by the Authority under subsection (6) is not complied with in relation to a ship, the master and owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.

             (9)  An offence under subsection (8) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

222  Issue of load line certificates

                   Where a ship, other than a non-Australian Load Line Convention ship, except to the extent of any exemption granted by the Authority under section 221, has been surveyed and marked in accordance with the regulations and orders and complies with the conditions of assignment applicable to the ship, the Authority, or a survey authority authorized in writing by the Authority to issue certificates under this section, may issue in respect of the ship:

                     (a)  if the ship is registered in Australia and is a ship to which the Load Line Convention applies or would be such a ship if it were engaged on international voyages—a certificate in the form of the International Load Line Certificate set out in Annex III to the Load Line Convention; or

                     (b)  in any other case—a load line certificate in a form approved by the Authority by instrument in writing.

223  Issue of exemption certificates

                   Where, under subsection 221(2) or (5), a ship is exempted from compliance with a provision of this Division or a provision of the regulations or orders, the Authority shall issue in respect of the ship a certificate in the form of the International Load Line Exemption Certificate set out in Annex III to the Load Line Convention.

224  Duration, extension and cancellation of certificates

             (1)  Subject to this Act, an international load line certificate, an international load line exemption certificate or an Australian load line certificate remains in force for the period specified in the certificate.

          (1A)  The period specified in a certificate under subsection (1) must not exceed such period as is prescribed for that kind of certificate.

             (2)  Provision may be made in the regulations for and in relation to:

                     (a)  the extension, in accordance with paragraph (2) of Article 19 of the Load Line Convention, of an international load line certificate or an international load line exemption certificate issued in respect of an exemption granted under subsection 221(2); and

                     (b)  the cancellation, in accordance with paragraph (3) of Article 19 of the Load Line Convention, of such a certificate.

             (3)  An international load line certificate or an international load line exemption certificate ceases to have effect if the ship in respect of which it was issued ceases to be registered in Australia.

             (4)  The regulations may specify circumstances in which an Australian load line certificate ceases to have effect and may make provision for and in relation to the extension or cancellation of an Australian load line certificate.

             (5)  Where an international load line certificate, an international load line exemption certificate or an Australian load line certificate is cancelled, the certificate is of no force or effect after the Authority has given notice in writing of the cancellation to the owner, agent or master of the ship in respect of which the certificate was issued.

             (6)  Where an international load line certificate, an international load line exemption certificate or an Australian load line certificate has expired or has been cancelled, the Authority may require the owner or master of the ship in respect of which the certificate was issued to deliver up the certificate to the Authority or to such other person as the Authority directs, and the ship may be detained until the requirement is complied with.

225  Particulars in certificate to be entered in log-book

             (2)  The master of a ship in respect of which an international load line certificate or an Australian load line certificate has been issued shall enter in the official log-book of the ship particulars of the position of the deck line and load lines specified in the certificate.

Penalty:  10 penalty units.

226  Authority may issue certificate at request of Load Line Convention country

             (1)  Where:

                     (a)  the government of a Load Line Convention country requests the Authority to issue or authorise the issue of, or to endorse or authorise the endorsement of, in respect of a ship that is registered in that country and is a ship to which the Load Line Convention applies, a certificate in the form of the International Load Line Certificate set out in Annex III to the Convention; and

                     (b)  the Authority is satisfied that the ship complies with the provisions of the Convention;

it may issue or authorise the issue of, or to endorse or authorise the endorsement of, in respect of the ship a certificate in that form.

             (2)  A certificate issued or endorsed under this section:

                     (a)  shall contain a statement to the effect that it has been issued or endorsed at the request of the government of the country in which the ship is registered; and

                     (b)  has effect, for the purposes of this Division, as if it had been issued or endorsed by that government.

227  Authority may request Load Line Convention country to issue certificates

             (1)  The Authority may request the government of a Load Line Convention country to issue, or cause to be issued, in respect of a ship that is registered in Australia and is a ship to which the Load Line Convention applies a certificate in the form of the International Load Line Certificate set out in Annex III to the Load Line Convention.

             (2)  A certificate issued in pursuance of such a request and containing a statement that it has been so issued has effect, for the purposes of this Division, as if it had been issued by the Authority under section 222.

227A  Ships not to proceed to sea without load line certificates

             (1)  The master or owner of a ship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, on any voyage, and the master or owner of a ship not registered in Australia, other than a non-Australian Load Line Convention ship, shall not take the ship to sea, or permit the ship to be taken to sea, on a voyage from a port in Australia unless:

                     (a)  where the ship is registered in Australia and is a ship to which the Load Line Convention applies or would be such a ship if it were engaged on international voyages—there is in force in respect of the ship an international load line certificate, and any international load line exemption certificate that is in force in respect of the ship applies to the voyage; or

                     (b)  in any other case—there is in force in respect of the ship:

                              (i)  an Australian load line certificate; or

                             (ii)  a certificate, or a certificate in a class of certificates, recognised in a determination made under subsection (1AA) as equivalent to an Australian load line certificate.

Penalty:  $5,000 or imprisonment for 2 years, or both.

       (1AA)  Where the Authority is of the opinion that a certificate issued under the law of a State or Territory or of a country other than Australia is equivalent to an Australian load line certificate, the Authority may determine, in writing:

                     (a)  that the certificate is so recognised; or

                     (b)  that, if specified conditions are satisfied in relation to the ship in respect of which the certificate was issued, the certificate is so recognised.

             (2)  Where the Authority, after having regard to any certificate relating to load lines that is in force in respect of a ship that is not registered in Australia and is not a non-Australian Load Line Convention ship, is satisfied that it can do so without danger to the ship or its passengers or crew, it may, subject to such conditions, if any, as are specified in the exemption, exempt the master and the owner of the ship from compliance with subsection (1) in respect of a voyage specified in the exemption.

             (3)  Where application is made to an officer of Customs in respect of a ship, not being a non-Australian Load Line Convention ship, for a clearance under the Customs Act for a voyage from a port in Australia, the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs the certificate required by subsection (1) to be in force in respect of the ship and any international load line exemption certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is, or the certificates are, produced to that officer.

             (4)  Where application is made to an officer of Customs in respect of a non-Australian Load Line Convention ship for a clearance under the Customs Act for a voyage from a port in Australia, the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs a valid Load Line Convention certificate in respect of the ship and any valid Load Line Convention exemption certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is, or the certificates are, produced to that officer.

227B  Ships not to be overloaded

             (1)  If:

                     (a)  a ship registered in Australia that is overloaded goes to sea from, or arrives at, any port, or is on any voyage; or

                     (b)  a ship not registered in Australia that is overloaded goes to sea from, or arrives at, a port in Australia;

the master and owner of the ship are each guilty of an indictable offence punishable upon conviction by a fine not exceeding $2,000 and by an additional fine not exceeding an amount calculated at the rate of such amount as is applicable to the ship in accordance with the table at the foot of this subsection (having regard to the gross tonnage of the ship if the ship is a passenger ship, or the deadweight tonneage of the ship if the ship is a cargo ship) for each 25 millimetres or part thereof by which the ship is overloaded.

1—Gross tonnage (passenger ships)

Amount

 

$

Not exceeding 1,000 tons .......................................................

500

Exceeding 1,000 tons but not exceeding 5,000 tons ...........

1,000

Exceeding 5,000 tons but not exceeding 10,000 tons .........

2,000

Exceeding 10,000 tons but not exceeding 20,000 tons .......

4,000

Exceeding 20,000 tons but not exceeding 40,000 tons .......

6,000

Exceeding 40,000 tons .............................................................

8,000

2—Deadweight tonneage (cargo ships)

 

Not exceeding 1,000 tonnes ...................................................

500

Exceeding 1,000 tonnes but not exceeding 5,000 tonnes ..

1,000

Exceeding 5,000 tonnes but not exceeding 10,000 tonnes

2,000

Exceeding 10,000 tonnes but not exceeding 20,000 tonnes

4,000

Exceeding 20,000 tonnes but not exceeding 40,000 tonnes

6,000

Exceeding 40,000 tonnes ........................................................

8,000

          (1A)  An offence under subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  The Authority may certify in writing, in relation to a ship specified in the certificate, that:

                     (a)  having regard to the Register Book issued by the Committee of Lloyd’s Register of Shipping and Supplements to that Register; or

                     (b)  having regard to the report of a surveyor furnished to it for the purposes of the certificate;

it is satisfied that, on a date specified in the certificate, the gross tonnage of the ship or the deadweight tonneage of the ship, as the case may be, was such number of tons or tonnes, as the case requires, as is specified in the certificate, and, in proceedings for an offence against subsection (1) in respect of the ship, the certificate is evidence that the gross tonnage of the ship or the deadweight tonneage of the ship, as the case may be, was, on the date so specified, the number of tons or tonnes, as the case requires, so specified.

             (3)  It is a defence in proceedings for an offence against subsection (1) in respect of a ship if it is proved that the circumstances giving rise to the offence were due only to a deviation or delay of the ship caused solely by stress of weather or other circumstances which neither the master nor owner of the ship could have prevented or forestalled.

Note:          A defendant bears a legal burden in relation to the matter in subsection (3) (see subsection 13.4 of the Criminal Code).

227C  Detention of ships incorrectly marked

                   Where:

                     (a)  a certificate that relates, in whole or in part, to load lines or subdivision load lines is in force in respect of a ship; and

                     (b)  a surveyor is not satisfied that any deck line, load line or subdivision load line marked on the ship is in the position specified for that line in the certificate;

the ship may be detained until the surveyor is satisfied that the line is in that position.

227D  Offences with respect to marks

             (1)  If a ship, not being a non-Australian Load Line Convention ship, has been marked in accordance with the regulations or orders with deck lines and load lines and it is not kept so marked, the owner and master of the ship are, in respect of each day during which the ship is not so marked (including the day of a conviction under this subsection or any subsequent day), each guilty of an offence punishable on conviction by a fine not exceeding $1,000.

             (2)  Subsection (1) does not apply if the owner or master has reasonable cause.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  An offence under subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  A person commits an offence if:

                     (a)  a ship, other than a non-Australian Load Line Convention ship, has been marked with deck lines and load lines; and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct results in the concealment, removal, alteration, defacing or mutilation of any such mark.

Penalty:  $5,000 or imprisonment for 2 years, or both.

227E  Inspection of non-Australian Load Line Convention ships

             (1)  If a valid Load Line Convention certificate is produced to a surveyor in respect of a non-Australian Load Line Convention ship, his or her powers of inspecting the ship under section 190AA in respect of the matters referred to in subsection (2) of that section are limited to ascertaining:

                     (a)  whether the ship is overloaded;

                     (b)  whether the positions of the load lines on the ship correspond with the positions specified in the certificate;

                     (c)  whether any material alteration that would require the assignment of increased freeboard to the ship has, since the certificate was issued, taken place in the hull or superstructures of the ship;

                     (d)  whether the fittings and appliances for the protection of openings, guard rails, freeing ports and means of access to the crew’s quarters have been maintained on the ship in an effective condition; and

                     (e)  whether the ship complies with the conditions specified in any valid Load Line Convention exemption certificate in force in respect of the ship.

             (2)  If:

                     (a)  on inspection by a surveyor of a non-Australian Load Line Convention ship in respect of which a valid Load Line Convention certificate is produced, it is found that:

                              (i)  a material alteration that would require the assignment of increased freeboard to the ship has, since the certificate was issued, taken place in the hull or superstructures of the ship;

                             (ii)  the fittings and appliances for the protection of openings, guard rails, freeing ports and means of access to the crew’s quarters have not been maintained on the ship in an effective condition; or

                            (iii)  the ship does not comply with any condition specified in any valid Load Line Convention exemption certificate in force in respect of the ship; and

                     (b)  the Authority is satisfied that the ship is manifestly unfit to proceed to sea without danger to human life;

the Authority may declare the ship to be unseaworthy and thereupon the ship shall be deemed to be unseaworthy for the purposes of section 210.


 

Division 6Signals of distress

228  Ships to be furnished with distress signals

             (1)  The master of a ship shall not take the ship to sea and the owner of a ship shall not permit the ship to go to sea unless it is duly furnished with the prescribed means of making signals of distress.

Penalty:  $5,000 or imprisonment for 2 years, or both.

229  Signals of distress and urgency

             (1)  The regulations may make provision for or in relation to signals of distress and urgency and the use and misuse of signals of distress and urgency.

             (2)  Section 2 does not apply in relation to this section and regulations made by virtue of this section.

230  Compensation for loss occasioned by improper use of signals

             (1)  If a person uses or sends a signal in contravention of the regulations made by virtue of section 229 or of the orders made under subsection 425(1AA), that person shall, in addition to any penalty incurred under the regulations or orders, be liable to pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of the signal having been so used or sent.


 

Division 6ARadio equipment

231  Application of Division

                   Unless the contrary intention appears, this Division, the regulations made by virtue of this Division and the orders made under subsection 425(1AA), do not apply in relation to a Safety Convention ship in respect of which there is in force a valid Safety Convention certificate showing that the ship:

                     (a)  complies with such of the requirements of the Safety Convention as relate to radio installations and radio navigational aids; or

                     (b)  is wholly exempt from those requirements or is partly exempt and complies with those requirements to the extent to which it is not exempt.

231A  Ships to be equipped with radio installations and radio navigational aids

             (1)  The master or owner of a ship shall not take the ship to sea, or permit the ship to be taken to sea, unless the ship complies with the requirements of the regulations and orders with respect to radio installations and radio navigational aids.

Penalty:  $5,000 or imprisonment for 2 years, or both.

231B  Radio operators

                   The master or owner of a ship equipped with a radio installation shall not take the ship to sea, or permit the ship to be taken to sea, unless the ship carries, as part of its crew, such person or persons qualified to operate the radio installation as is or are prescribed.

Penalty:  $2,000 or imprisonment for 12 months, or both.

231C  Maintenance and use of radio equipment and radio services

             (1)  The master of a ship equipped with a radio installation:

                     (a)  shall maintain that radio installation, or cause that radio installation to be maintained, in accordance with the regulations and orders;

                     (b)  shall not use that radio installation, or permit that radio installation to be used, otherwise than in accordance with the regulations and orders; and

                     (c)  shall maintain, or cause to be maintained, on the ship a radio service in accordance with the regulations and orders.

             (2)  The master of a ship equipped with a radio navigational aid:

                     (a)  shall maintain that radio navigational aid, or cause that radio navigational aid to be maintained, in accordance with the regulations and orders; and

                     (b)  shall not use that radio navigational aid, or permit that radio navigational aid to be used, otherwise than in accordance with the regulations and orders.

Penalty:  $5,000 or imprisonment for 2 years, or both.

231D  Deficiency in number of operators on Safety Convention ships

                   Where:

                     (a)  a ship, including a Safety Convention ship specified in paragraph 231(b), does not carry, as part of its crew, such person or persons qualified to operate any radio installation on the ship as is or are required to be carried on the ship under any certificate in force in respect of the ship; and

                     (b)  the Authority is satisfied that, in consequence, the ship cannot proceed to sea without danger to its crew or passengers;

the Authority may detain the ship until it is satisfied that the ship can proceed to sea without danger to its crew or passengers.

231E  Log-books

                   The master of a ship equipped with a radio installation:

                     (a)  shall keep, or cause to be kept, a radio log-book in such form as is prescribed and shall make, or cause to be made, such entries in that log-book as are prescribed; and

                     (b)  shall make, or cause to be made, in accordance with the regulations and orders, entries in the official log-book of the ship with respect to the operation of the radio installation and the maintenance of a radio service on the ship.

Penalty:  $2,000.

231F  Regulations providing for radio installations etc.

             (1)  The regulations may make provision for or in relation to the equipping of ships with radio installations and radio navigational aids and the operation, maintenance and use on ships of radio installations and radio navigational aids.

             (2)  Without limiting the generality of subsection (1), the regulations which may be made by virtue of that subsection include regulations for or in relation to:

                     (a)  specifying the requirements with which radio installations and radio navigational aids on ships shall comply;

                     (b)  the means of communication between a radio installation, or a radio navigational aid, on a ship and the bridge of the ship;

                     (c)  the survey, inspection and testing of radio installations and radio navigational aids on ships;

                     (d)  the exemption of ships from any requirement of this Act which relates to radio installations or radio navigational aids;

                     (e)  the issue of certificates in respect of ships which comply with, or are exempt (either in whole or in part) from, the requirements of this Act which relate to radio installations and radio navigational aids;

                      (f)  the number of operators, and the grades and qualifications of operators, to be carried on ships to operate radio installations; and

                     (g)  the radio services to be maintained on ships.