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Navigation Amendment Act 2011

Authoritative Version
  • - C2011A00168
  • In force - Superseded Version
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Act No. 168 of 2011 as made
An Act to amend the Navigation Act 1912, and for related purposes
Administered by: Infrastructure, Regional Development and Cities
Originating Bill: Navigation Amendment Bill 2011
Registered 19 Dec 2011
Date of Assent 04 Dec 2011
Table of contents.

 

 

 

 

 

 

Navigation Amendment Act 2011

 

No. 168, 2011

 

 

 

 

 

An Act to amend the Navigation Act 1912, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Part 1—Amendments relating to the Maritime Labour Convention     3

Navigation Act 1912                                                                                                   3

Part 2—Amendments relating to vessel traffic services                            24

Navigation Act 1912                                                                                                 24

 


 

 

Navigation Amendment Act 2011

No. 168, 2011

 

 

 

An Act to amend the Navigation Act 1912, and for related purposes

[Assented to 4 December 2011]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Navigation Amendment Act 2011.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

4 December 2011

2.  Schedule 1, Part 1

A single day to be fixed by Proclamation.

A Proclamation must not specify a day that occurs before the day the Maritime Labour Convention, 2006, done at Geneva on 23 February 2006, comes into force for Australia.

However, if the provision(s) do not commence within the period of 6 months beginning on the day the Convention comes into force for Australia, they commence on the day after the end of that period. If the provision(s) commence in this way, the Minister must announce by notice in the Gazette the day the provision(s) commenced. The notice is not a legislative instrument.

20 February 2014

3.  Schedule 1, Part 2

The day this Act receives the Royal Assent.

4 December 2011

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Part 1Amendments relating to the Maritime Labour Convention

Navigation Act 1912

1  Subsection 6(1) (definition of agreement)

Repeal the definition, substitute:

agreement means:

                     (a)  in relation to a ship—the agreement between the owner of the ship, or a representative of the owner of the ship, and the crew of the ship; and

                     (b)  in relation to a seaman belonging to a ship—the agreement between the owner of the ship, or a representative of the owner of the ship, and the seaman.

2  Subsection 6(1)

Insert:

Maritime Labour Convention means the Maritime Labour Convention, 2006, done at Geneva on 23 February 2006.

3  Subsection 6(1)

Insert:

Maritime Labour Convention ship means a ship that is of a kind to which the Maritime Labour Convention applies and is entitled to fly the flag of a country to which the Maritime Labour Convention applies.

4  Division 8 of Part II (heading)

Repeal the heading, substitute:

Division 8Engagement of seamen and masters etc.

Subdivision AEmployment agreements

45A  Employment agreements

             (1)  A person commits an offence if:

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

                     (b)  the master takes the ship to sea; and

                     (c)  a seaman is on board the ship; and

                     (d)  when the ship is taken to sea an employment agreement that complies with this section is not in force in relation to the seaman.

Penalty:  20 penalty units.

             (2)  A person commits an offence if:

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

                     (b)  the master takes the ship to sea; and

                     (c)  when the ship is taken to sea an employment agreement that complies with this section is not in force in relation to the master of the ship.

Penalty:  20 penalty units.

When an employment agreement complies with this section

             (3)  An employment agreement complies with this section if the employment agreement is in accordance with any regulations made for the purposes of subsection (4).

Regulations

             (4)  The regulations may prescribe matters relating to employment agreements including, but not limited to, the following:

                     (a)  the content and form of employment agreements;

                     (b)  the right of a seaman or master to review, and seek advice on, an employment agreement before signing it;

                     (c)  the process for signing employment agreements;

                     (d)  the information or documents that must be given to, or made available to, seamen and masters in relation to employment agreements and the manner in which such information or documents must be given or made available;

                     (e)  the termination of employment agreements.

Meaning of employment agreement etc.

             (5)  In this section:

agreement has its ordinary meaning, and, to avoid doubt, includes:

                     (a)  a contract of employment; and

                     (b)  articles of agreement; and

                     (c)  an enterprise agreement within the meaning of the Fair Work Act 2009.

employment agreement means any agreement, or combination of agreements, dealing with terms and conditions of employment.

Subdivision BArticles of agreement etc.

5  Section 46

Repeal the section, substitute:

46  Articles of agreement

             (1)  A person commits an offence if:

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

                     (b)  the master takes the ship to sea; and

                     (c)  a seaman is on board the ship; and

                     (d)  when the ship is taken to sea an agreement that complies with this section is not in force in relation to the seaman.

Penalty:  20 penalty units.

When an agreement complies with this section

             (2)  An agreement complies with this section if:

                     (a)  the agreement is in accordance with any regulations made under subsection (3); and

                     (b)  subsection (4) is satisfied in relation to the agreement.

Regulations

             (3)  The regulations may prescribe matters relating to the content or form of an agreement.

Signing

             (4)  An agreement must:

                     (a)  be signed first by the owner of the ship or the representative of the owner of the ship, and then by the seaman; and

                     (b)  be dated:

                              (i)  if the agreement is entered into when the seaman is first engaged—as at the time the agreement is signed by the owner of the ship or the representative of the owner of the ship; or

                             (ii)  in any other case—as at the time the agreement is signed by the seaman.

Additional provisions that may be included

             (5)  An agreement may, with the approval of a proper authority, include any provisions agreed upon between the seaman and the owner of the ship or the representative of the owner of the ship, that are:

                     (a)  lawful; and

                     (b)  not inconsistent with the requirements of this section.

6  Application of item 5

(1)       The amendment made by item 5 of this Schedule applies in relation to ships taken to sea on or after the commencement of this item.

(2)       Despite the amendment of section 46 of the Navigation Act 1912 made by item 5 of this Schedule, that section continues to apply, in relation to ships taken to sea before the commencement of this item, as if the amendment had not been made.

7  Subsection 50(1)

Omit “under”, substitute “that complies with”.

8  Section 53

Repeal the section, substitute:

53  Owner to make available information about conditions of employment

             (1)  The regulations may prescribe:

                     (a)  information, in relation to the conditions of employment of the master and the seamen engaged on a ship, that the owner of the ship is required to make available to the master and seamen; and

                     (b)  the manner and form (including electronic form) in which the prescribed information is required to be made available.

             (2)  The owner of a ship commits an offence if:

                     (a)  the owner is subject to a requirement under regulations made for the purposes of subsection (1); and

                     (b)  the owner, or a representative of the owner, engages in conduct; and

                     (c)  the conduct results in a contravention of the requirement.

Penalty:  5 penalty units.

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

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

9  Section 61

Repeal the section, substitute:

61  Giving of discharges to seamen

             (1)  If a seaman is discharged from a ship, the master of the ship must:

                     (a)  give the seaman a written discharge in the prescribed form; and

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

             (2)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct contravenes subsection (1).

Penalty:  10 penalty units.

10  Subsections 62A(1) and (2)

Repeal the subsections, substitute:

             (1)  The master of a ship commits an offence if:

                     (a)  the master discharges a seaman from the ship at a port outside Australia; and

                     (b)  the master has not given the seaman at least 7 days notice of the master’s intention to discharge the seaman; and

                     (c)  the seaman has not consented to being discharged at the particular port (whether or not the seaman consents to the discharge).

Penalty:  10 penalty units.

11  Application of items 9 and 10

(1)       The amendments made by items 9 and 10 of this Schedule apply in relation to a notice of intention to discharge a seaman given on or after the commencement of this item.

(2)       Despite the amendments of sections 61 and 62A of the Navigation Act 1912 made by items 9 and 10 of this Schedule, those sections continue to apply, in relation to a notice of intention to discharge a seaman given before the commencement of this item, as if the amendments had not been made.

12  Division 10 of Part II (heading)

Repeal the heading, substitute:

Division 10Wages

13  Sections 70 to 73

Repeal the sections, substitute:

70  Payment of wages—general

             (1)  The regulations may make provision for or in relation to the payment of wages to masters and seamen.

             (2)  Without limiting subsection (1), the regulations may make provision for or in relation to the following:

                     (a)  the frequency of making payments to masters and seamen;

                     (b)  the method of making payments to masters and seamen;

                     (c)  permitted deductions from payments to masters and seamen;

                     (d)  pay slips, including the information relating to exchange rates that must be included in any pay slip given to a master or seaman;

                     (e)  the payment of part or all of the wages of a master or a seaman, with the master’s or seaman’s consent, to a person other than the master or the seaman;

                      (f)  the charges that may be imposed for making payments in accordance with paragraph (e).

             (3)  The regulations must not provide for the quantum or amount of wages payable to masters and seamen.

14  Section 75A

Repeal the section.

15  Sections 77 and 78

Repeal the sections.

16  Sections 82 to 84

Repeal the sections.

17  Subsection 85(1)

After “wreck”, insert “, foundering”.

Note:       The heading to section 85 is altered by inserting “, foundering” after “wreck”.

18  Paragraph 85(4)(a)

After “wreck”, insert “, foundering”.

19  Subsection 85(5)

After “wreck”, insert “, foundering”.

20  Sections 91 and 93

Repeal the sections.

21  Application of items 13 to 20

(1)       The amendments made by items 13 to 20 of this Schedule apply in relation to wages earned on or after the commencement of this item.

(2)       Despite the amendments of sections 70 and 85 of the Navigation Act 1912 made by items 13, 17, 18 and 19 of this Schedule, those sections continue to apply, in relation to wages earned before the commencement of this item, as if the amendments had not been made.

(3)       Despite the repeal of sections 71 to 73, 77 and 78, 82 to 84, 91 and 93 of the Navigation Act 1912 made by items 13, 15, 16 and 20 of this Schedule, those sections continue to apply, in relation to wages earned before the commencement of this item, as if the repeal had not happened.

22  Before section 116

Insert:

115  Free provisions

                   A person commits an offence if:

                     (a)  the person is the owner of a ship; and

                     (b)  the owner, or a representative of the owner, does not provide free provisions to the seamen or the master engaged on the ship.

Penalty:  10 penalty units.

23  Section 117

After “size”, insert “, and cultural and religious backgrounds,”.

24  After paragraph 127(1)(b)

Insert:

             ; or (ba)  requires essential dental care;

25  Paragraph 128(1)(a)

After “injury of”, insert “, or the provision of essential dental care to,”.

26  Paragraph 128(1)(b)

After “injury of”, insert “, or the provision of essential dental care to,”.

27  Subsections 132(1) and (2)

After “injury,”, insert “or the need for essential dental care,”.

28  Subsection 132(6)

After “injury” (first occurring), insert “, or a need for essential dental care,”.

29  Subsection 132(6)

After “injury” (second occurring), insert “, or need for essential dental care,”.

29A  At the end of paragraph 132(6)(b)

Add “and”.

29B  Paragraph 132(6)(c)

Repeal the paragraph.

30  Subsection 132(6A)

After “injury” (first occurring), insert “, or a need for essential dental care,”.

31  Subsection 132(6A)

After “injury” (second occurring), insert “, or need for essential dental care”.

32  Paragraph 132(6B)(a)

After “injury”, insert “, or need for essential dental care,”.

33  Paragraph 132(6C)(a)

After “injury”, insert “, or a need for essential dental care”.

34  Subsection 134(1)

Omit all the words after “effect to”, substitute “Regulation 1.2 of the Maritime Labour Convention”.

Note:       The heading to section 134 is altered by omitting “Medical Examination (Seafarers) Convention 1946” and substituting “Maritime Labour Convention”.

35  Subsection 134(2)

Omit “a provision of the Convention”, substitute “Regulation 1.2 of the Maritime Labour Convention”.

36  Subsection 134(2)

Omit “that provision”, substitute “Regulation 1.2”.

37  Subsection 134(4)

Omit “the Convention” (wherever occurring), substitute “Regulation 1.2 of the Maritime Labour Convention”.

38  Subsection 136(2)

Repeal the subsection, substitute:

             (2)  The regulations may make provision in relation to giving effect to Regulation 3.1 of the Maritime Labour Convention.

39  Subsection 136(3)

Omit “either Convention”, substitute “Regulation 3.1 of the Maritime Labour Convention”.

40  Subsection 136(5)

Omit “Conventions” (wherever occurring), substitute “Regulation 3.1 of the Maritime Labour Convention”.

41  Section 138

Repeal the section.

42  Section 172A

Repeal the section.

43  Subsection 187(2)

After “those Regulations)”, insert “, or the Maritime Labour Convention”.

44  Subsection 187(3)

After “Safety Convention” (first occurring), insert “or the Maritime Labour Convention”.

45  Subsection 187(3)

After “(b),”, insert “(ba),”.

46  Subsection 187(3)

After “Safety Convention” (second occurring), insert “or the Maritime Labour Convention, as the case requires,”.

47  Paragraph 187AA(1)(a)

After “206K,”, insert “206XC,”.

Note:       The heading to section 187AA is altered by inserting “or declarations” after “certificates”.

48  Subsection 187AA(2)

After “(b),”, insert “(ba),”.

49  Subsection 187AA(2)

After “prescribed certificate”, insert “, or a declaration referred to in section 206XB,”.

50  Subsection 187AA(3)

After “a prescribed certificate”, insert “, or a declaration referred to in section 206XB,”.

51  Subsection 187AA(3)

After “the prescribed certificate”, insert “or declaration”.

52  Subsection 187AA(4)

After “certificate” (wherever occurring), insert “or declaration”.

53  Subsection 187A(1)

Insert:

declaration of maritime labour compliance means a declaration issued under subsection 206XB(1) or (2).

54  Subsection 187A(1)

Insert:

interim maritime labour certificate means a certificate issued under regulations made for the purposes of subsection 206XE(1).

55  Subsection 187A(1) (before paragraph (a) of the definition of international voyage)

Insert:

                    (aa)  for the purposes of Division 2D, a voyage:

                              (i)  from a port in Australia to a port outside Australia; or

                             (ii)  to a port in Australia from a port outside Australia; or

                            (iii)  from a port outside Australia to that port or to another port outside Australia; and

56  Subsection 187A(1) (paragraph (b) of the definition of international voyage)

Omit “Division 5”, substitute “Divisions 2D and 5”.

57  Subsection 187A(1)

Insert:

maritime labour certificate means a certificate issued under subsection 206XC(1) or (2).

58  At the end of paragraphs 190(a), (b) and (c)

Add “or”.

59  After paragraph 190(e)

Insert:

               ; or (f)  assessing the working and living conditions on board ships;

60  Subsection 190AA(2)

Omit “Without limiting the generality of subsection (1), the powers of a surveyor under that subsection”, substitute “The powers of a surveyor under subsection (1)”.

61  After subsection 190AA(2)

Insert:

       (2AA)  The powers of a surveyor under subsection (1) extend to:

                     (a)  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 the working and living conditions of the seamen on board the ship and of the master of the ship as apply to the ship; and

                     (b)  requiring the production to the surveyor of any certificate or declaration relating to those conditions issued in respect of the ship.

       (2AB)  Subsections (2) and (2AA) do not limit subsection (1).

62  Subsection 190AA(2A)

Omit “or (2)”, substitute “, (2) or (2AA)”.

63  After subsection 190A(1)

Insert:

       (1AA)  If:

                     (a)  a maritime labour certificate or an interim maritime labour certificate has been issued in respect of a ship; and

                     (b)  the working and living conditions of the seamen on board the ship or of the master of the ship change so that the ship does not comply with the requirements of this Act that relate to those conditions (other than requirements from which the Authority has exempted the ship);

then, as soon as practicable after the change, written notice of the change must be given to the person prescribed in the form prescribed.

Note:          Section 206XH deals with exemptions.

64  Paragraph 190A(1A)(a)

After “subsection (1)”, insert “or (1AA)”.

65  After subsection 190A(2)

Insert:

          (2A)  If the Authority has reason to believe that:

                     (a)  a report referred to in paragraph 206XC(1)(c) or (2)(c) in respect of a ship has been fraudulently or erroneously made or obtained; or

                     (b)  a maritime labour certificate or an interim maritime labour certificate has been issued in respect of a ship upon false or erroneous information; or

                     (c)  since a maritime labour certificate or interim maritime labour certificate was issued in respect of a ship, the working and living conditions of the seamen on board the ship or of the master of the ship have changed so that those conditions do not comply with the requirements of this Act that relate to those conditions (other than requirements from which the Authority has exempted the ship);

the Authority may:

                     (d)  in any case—cancel any maritime labour certificate or interim maritime labour certificate (as the case may be) issued in respect of the ship; or

                     (e)  if paragraph (c) applies—detain the ship until the Authority is satisfied that the conditions concerned comply with the requirements of this Act that relate to those conditions (other than requirements from which the Authority has exempted the ship).

Note:          Section 206XH deals with exemptions.

66  Subsection 190A(3)

After “Division 2B”, insert “or cancels a maritime labour certificate or an interim maritime labour certificate issued in respect of a ship”.

67  Subsection 190A(4)

After “Division 2B”, insert “, or a maritime labour certificate or an interim maritime labour certificate issued in respect of a ship,”.

68  After section 191

Insert:

191AA  Regulations to give effect to Maritime Labour Convention

             (1)  The regulations may make provision for or in relation to giving effect to the Maritime Labour Convention.

             (2)  If a provision of the Maritime Labour 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)  Regulations and orders giving effect to the Maritime Labour Convention do not apply in relation to a ship referred to in paragraph 2(1)(a), (b), (ba), (c) or (d) to the extent that a law of a State or of the Northern Territory makes provision giving effect to the Maritime Labour Convention in relation to that ship.

69  Subsection 191A(1)

After “the Safety Convention,”, insert “the Maritime Labour Convention”.

70  After Division 2C of Part IV

Insert:

Division 2DDeclarations of maritime labour compliance and maritime labour certificates

206XA  Maritime labour certificates required for steamships registered in Australia

                   A person commits an offence if:

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

                     (b)  the ship is a steamship registered in Australia; and

                     (c)  the ship has a gross tonnage of 500 or more; and

                     (d) the person takes the ship to sea, or permits the ship to be taken to sea by the master or the owner (as the case may be), or another person, on an international voyage; and

                     (e) when the ship is taken to sea, none of the following certificates is in force in respect of the ship:

                              (i)  a maritime labour certificate;

                             (ii)  an interim maritime labour certificate;

                            (iii)  a certificate of exemption under section 206XH exempting the ship from all the requirements of this Act relating to the working and living conditions of seamen on board the ship and of the master of the ship.

Penalty:  Imprisonment for 4 years.

206XB  Issue of declarations of maritime labour compliance

Issue of declarations of maritime labour compliance by Authority

             (1)  The Authority may issue a declaration of maritime labour compliance in respect of a steamship registered in Australia if:

                     (a)  the Authority has completed Part I of the declaration; and

                     (b)  the owner of the ship has completed Part II of the declaration; and

                     (c)  a surveyor has inspected the ship; and

                     (d)  after receiving a report of the inspection, the Authority is satisfied that the measures set out in Part II of the declaration comply with the requirements of this Act relating to ensuring initial and ongoing compliance with the requirements set out in Part I of the declaration.

Issue of declarations of maritime labour compliance by survey authority

             (2)  A survey authority may issue a declaration of maritime labour compliance in respect of a steamship registered in Australia if:

                     (a)  the Authority or the survey authority has completed Part I of the declaration; and

                     (b)  the owner of the ship has completed Part II of the declaration; and

                     (c)  an inspection of the ship has been carried out by or on behalf of the survey authority; and

                     (d)  having regard to a report of the inspection, the survey authority is satisfied that the measures set out in Part II of the declaration comply with the requirements of this Act relating to ensuring initial and ongoing compliance with the requirements set out in Part I of the declaration.

Declaration of maritime labour compliance to be in prescribed form

             (3)  A declaration of maritime labour compliance must be in the prescribed form.

Declaration of maritime labour compliance not a legislative instrument

             (4)  A declaration of maritime labour compliance is not a legislative instrument.

206XC  Issue of maritime labour certificates

Issue of maritime labour certificates by Authority

             (1)  The Authority may issue a maritime labour certificate in respect of a steamship registered in Australia if:

                     (a)  a declaration of maritime labour compliance is in force in relation to the ship; and

                     (b)  a surveyor has inspected the ship; and

                     (c)  after receiving a report of the inspection, the Authority is satisfied that the ship complies with the requirements of this Act that relate to the working and living conditions of the seamen on board the ship and of the master of the ship (other than requirements from which the Authority has exempted the ship).

Note:          Section 206XH deals with exemptions.

Issue of maritime labour certificates by survey authority

             (2)  A survey authority may issue a maritime labour certificate in respect of a steamship registered in Australia if:

                     (a)  a declaration of maritime labour compliance is in force in relation to the ship; and

                     (b)  an inspection of the ship has been carried out by or on behalf of the survey authority; and

                     (c)  having regard to a report of the inspection, the survey authority is satisfied that the ship complies with the requirements of this Act that relate to the working and living conditions of seamen on board the ship and of the master of the ship (other than requirements from which the Authority has exempted the ship).

Note:          Section 206XH deals with exemptions.

Maritime labour certificate to be in prescribed form

             (3)  A maritime labour certificate must be in the prescribed form.

Maritime labour certificate not a legislative instrument

             (4)  A maritime labour certificate is not a legislative instrument.

206XD  Duration of maritime labour certificate

             (1)  Subject to this Act, a maritime labour certificate remains in force for the period specified in the certificate.

             (2)  The period specified in a certificate under subsection (1) must not exceed the period prescribed by the regulations for the purposes of this subsection.

206XE  Interim maritime labour certificates

             (1)  The regulations may make provision for or in relation to interim maritime labour certificates.

             (2)  Without limiting subsection (1), the regulations make provision for or in relation to:

                     (a)  the issuing of interim maritime labour certificates; and

                     (b)  the duration of interim maritime labour certificates.

206XF  When a maritime labour certificate ceases to be in force

                   A maritime labour certificate, or an interim maritime labour certificate, ceases to be in force:

                     (a)  if the ship in respect of which it was issued ceases to be registered in Australia; or

                     (b)  if, after the issue of the certificate, there is a change in the ownership of the ship in respect of which it was issued; or

                     (c)  in the circumstances referred to in subsection 190A(3); or

                     (d)  in any other circumstances prescribed by the regulations.

206XG  Declarations of maritime labour compliance and maritime labour certificates to be made available

Access to declaration or certificate by crew

             (1)  The master of a ship commits an offence if:

                     (a)  a declaration of maritime labour compliance, a maritime labour certificate or an interim maritime labour certificate is in force in respect of the ship; and

                     (b)  the master does not ensure that a copy of the declaration or certificate is posted up in a part of the ship to which all members of the crew have access.

Penalty:  10 penalty units.

Examination of declaration or certificate by persons on board

             (2)  The master of a ship commits an offence if:

                     (a)  a declaration of maritime labour compliance, a maritime labour certificate or an interim maritime labour certificate is in force in respect of the ship; and

                     (b)  the master does not ensure that a copy of the declaration or certificate is available at all reasonable times for examination on request by any person on board the ship.

Penalty:  10 penalty units.

206XH  Exemptions

             (1)  The regulations may provide for the Authority to exempt a ship from a requirement of this Act that relates to the working and living conditions of seamen on board the ship and of the master of the ship.

             (2)  The Authority may issue a certificate of exemption in respect of a ship specifying the requirement from which the ship is exempt and the conditions, if any, subject to which the ship is exempt.

             (3)  A certificate of exemption must be in the prescribed form.

             (4)  A certificate of exemption is not a legislative instrument.

Offence

             (5)  The master and owner of a ship each commit an offence if:

                     (a)  a certificate of exemption under this section specifies conditions subject to which the ship is exempt from a requirement specified in the certificate; and

                     (b)  the conditions are not complied with.

Penalty:  Imprisonment for 4 years.

206XI  Production of maritime labour certificates to officers of Customs

             (1)  If:

                     (a)  an application is made to an officer of Customs in respect of a steamship registered in Australia 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 206XA if the master took the ship to sea on that voyage from that port without any of the following certificates being in force in respect of the ship:

                              (i)  a maritime labour certificate;

                             (ii)  an interim maritime labour certificate;

                            (iii)  a certificate of exemption under section 206XH exempting the ship from all the requirements of this Act relating to the working and living conditions of seamen on board the ship and of the master of the ship;

the master of the ship must, if so required by an officer of Customs, produce to the officer of Customs any one of those certificates.

             (2)  If an officer of Customs has required the master of a ship to produce to the officer any one of those certificates, then, until one of those certificates is so produced, the officer of Customs may refuse to grant the clearance, and the ship may be detained.

71  Subsection 207A(1)

Repeal the subsection, substitute:

             (1)  A ship is substandard for the purposes of this Act if either or both of the following paragraphs apply:

                     (a)  the ship is seaworthy, but conditions on board the ship are clearly hazardous to safety or health;

                     (b)  if the ship is of a kind to which the Maritime Labour Convention applies or is capable of applying—the ship does not comply with the Maritime Labour Convention.

72  Subsection 290(1)

Omit “under”, substitute “that complies with”.

73  Paragraph 377C(d)

Repeal the paragraph.

74  Section 377D

Before “Application”, insert “(1)”.

75  At the end of section 377D

Add:

             (2)  In this section, certificate includes a declaration of maritime labour compliance issued under subsection 206XB(1) or (2).

76  Subsection 397(2)

Omit “190A(1)”, substitute “190A(1A)”.

77  Subsection 410(1)

Repeal the subsection, substitute:

             (1)  The master of a ship commits an offence if:

                     (a)  Part II applies to the ship; and

                     (b)  the master does not provide the seamen of the ship with access (whether electronic or otherwise), at all reasonable times, to a copy of:

                              (i)  this Act; and

                             (ii)  if the ship is a Maritime Labour Convention ship—the Maritime Labour Convention.

Penalty:  5 penalty units.

Note:       The heading to section 410 is altered by omitting “to be kept” and substituting “and Maritime Labour Convention to be accessible”.

78  Subsection 424(5A)

Repeal the subsection.

79  After paragraph 425(1)(e)

Insert:

                    (ea)  the training and qualifications of masters and seamen;

                   (eb)  the maximum number of hours that masters or seamen may be required to work in a particular period of time;


 

Part 2Amendments relating to vessel traffic services

Navigation Act 1912

80  Subsection 411(3) (definition of vessel traffic service)

After “1997”, insert “, and as amended from time to time,”.

81  After paragraph 425(1)(db)

Insert:

                   (dc)  vessel traffic services (within the meaning of section 411);

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 25 May 2011

Senate on 22 September 2011]

(93/11)