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This is a Bill, not an Act. For current law, see the Acts databases.
NAVIGATION AMENDMENT BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Navigation Amendment Bill 2011
No. , 2011
(Infrastructure and Transport)
A Bill for an Act to amend the Navigation Act 1912,
and for related purposes
i Navigation Amendment Bill 2011 No. , 2011
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 Bill 2011 No. , 2011 1
A Bill for an Act to amend the Navigation Act 1912,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Navigation Amendment Act 2011.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2 Navigation Amendment Bill 2011 No. , 2011
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.
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.
3. Schedule 1,
Part 2
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
Part 1--Amendments relating to the Maritime Labour
2
Convention
3
Navigation Act 1912
4
1 Subsection 6(1) (definition of agreement)
5
Repeal the definition, substitute:
6
agreement means:
7
(a) in relation to a ship--the agreement between the owner of the
8
ship, or a representative of the owner of the ship, and the
9
crew of the ship; and
10
(b) in relation to a seaman belonging to a ship--the agreement
11
between the owner of the ship, or a representative of the
12
owner of the ship, and the seaman.
13
2 Subsection 6(1)
14
Insert:
15
Maritime Labour Convention means the Maritime Labour
16
Convention, 2006, done at Geneva on 23 February 2006.
17
3 Subsection 6(1)
18
Insert:
19
Maritime Labour Convention ship means a ship that is of a kind to
20
which the Maritime Labour Convention applies and is entitled to
21
fly the flag of a country to which the Maritime Labour Convention
22
applies.
23
4 Division 8 of Part II (heading)
24
Repeal the heading, substitute:
25
Schedule 1 Amendments
Part 1 Amendments relating to the Maritime Labour Convention
4 Navigation Amendment Bill 2011 No. , 2011
Division 8--Engagement of seamen and masters etc.
1
Subdivision A--Employment agreements
2
45A Employment agreements
3
(1) A person commits an offence if:
4
(a) the person is the master or owner of a ship; and
5
(b) the master takes the ship to sea; and
6
(c) a seaman is on board the ship; and
7
(d) when the ship is taken to sea an employment agreement that
8
complies with this section is not in force in relation to the
9
seaman.
10
Penalty: 20 penalty units.
11
(2) A person commits an offence if:
12
(a) the person is the master or owner of a ship; and
13
(b) the master takes the ship to sea; and
14
(c) when the ship is taken to sea an employment agreement that
15
complies with this section is not in force in relation to the
16
master of the ship.
17
Penalty: 20 penalty units.
18
When an employment agreement complies with this section
19
(3) An employment agreement complies with this section if the
20
employment agreement is in accordance with any regulations made
21
for the purposes of subsection (4).
22
Regulations
23
(4) The regulations may prescribe matters relating to employment
24
agreements including, but not limited to, the following:
25
(a) the content and form of employment agreements;
26
(b) the right of a seaman or master to review, and seek advice on,
27
an employment agreement before signing it;
28
(c) the process for signing employment agreements;
29
(d) the information or documents that must be given to, or made
30
available to, seamen and masters in relation to employment
31
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 5
agreements and the manner in which such information or
1
documents must be given or made available;
2
(e) the termination of employment agreements.
3
Meaning of employment agreement etc.
4
(5) In this section:
5
agreement has its ordinary meaning, and, to avoid doubt, includes:
6
(a) a contract of employment; and
7
(b) articles of agreement; and
8
(c) an enterprise agreement within the meaning of the Fair Work
9
Act 2009.
10
employment agreement means any agreement, or combination of
11
agreements, dealing with terms and conditions of employment.
12
Subdivision B--Articles of agreement etc.
13
5 Section 46
14
Repeal the section, substitute:
15
46 Articles of agreement
16
(1) A person commits an offence if:
17
(a) the person is the master or owner of a ship; and
18
(b) the master takes the ship to sea; and
19
(c) a seaman is on board the ship; and
20
(d) when the ship is taken to sea an agreement that complies with
21
this section is not in force in relation to the seaman.
22
Penalty: 20 penalty units.
23
When an agreement complies with this section
24
(2) An agreement complies with this section if:
25
(a) the agreement is in accordance with any regulations made
26
under subsection (3); and
27
(b) subsection (4) is satisfied in relation to the agreement.
28
Schedule 1 Amendments
Part 1 Amendments relating to the Maritime Labour Convention
6 Navigation Amendment Bill 2011 No. , 2011
Regulations
1
(3) The regulations may prescribe matters relating to the content or
2
form of an agreement.
3
Signing
4
(4) An agreement must:
5
(a) be signed first by the owner of the ship or the representative
6
of the owner of the ship, and then by the seaman; and
7
(b)
be
dated:
8
(i) if the agreement is entered into when the seaman is first
9
engaged--as at the time the agreement is signed by the
10
owner of the ship or the representative of the owner of
11
the ship; or
12
(ii) in any other case--as at the time the agreement is
13
signed by the seaman.
14
Additional provisions that may be included
15
(5) An agreement may, with the approval of a proper authority, include
16
any provisions agreed upon between the seaman and the owner of
17
the ship or the representative of the owner of the ship, that are:
18
(a)
lawful;
and
19
(b) not inconsistent with the requirements of this section.
20
6 Application of item 5
21
(1)
The amendment made by item 5 of this Schedule applies in relation to
22
ships taken to sea on or after the commencement of this item.
23
(2)
Despite the amendment of section 46 of the Navigation Act 1912 made
24
by item 5 of this Schedule, that section continues to apply, in relation to
25
ships taken to sea before the commencement of this item, as if the
26
amendment had not been made.
27
7 Subsection 50(1)
28
Omit "under", substitute "that complies with".
29
8 Section 53
30
Repeal the section, substitute:
31
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 7
53 Owner to make available information about conditions of
1
employment
2
(1) The regulations may prescribe:
3
(a) information, in relation to the conditions of employment of
4
the master and the seamen engaged on a ship, that the owner
5
of the ship is required to make available to the master and
6
seamen; and
7
(b) the manner and form (including electronic form) in which the
8
prescribed information is required to be made available.
9
(2) The owner of a ship commits an offence if:
10
(a) the owner is subject to a requirement under regulations made
11
for the purposes of subsection (1); and
12
(b) the owner, or a representative of the owner, engages in
13
conduct; and
14
(c) the conduct results in a contravention of the requirement.
15
Penalty: 5 penalty units.
16
(3) Strict liability applies to paragraph (2)(a).
17
Note:
For strict liability, see section 6.1 of the Criminal Code.
18
9 Section 61
19
Repeal the section, substitute:
20
61 Giving of discharges to seamen
21
(1) If a seaman is discharged from a ship, the master of the ship must:
22
(a) give the seaman a written discharge in the prescribed form;
23
and
24
(b) return to the seaman any previous discharge of the seaman in
25
the possession of the master.
26
(2) A person commits an offence if:
27
(a) the person engages in conduct; and
28
(b) the conduct contravenes subsection (1).
29
Penalty: 10 penalty units.
30
10 Subsections 62A(1) and (2)
31
Schedule 1 Amendments
Part 1 Amendments relating to the Maritime Labour Convention
8 Navigation Amendment Bill 2011 No. , 2011
Repeal the subsections, substitute:
1
(1) The master of a ship commits an offence if:
2
(a) the master discharges a seaman from the ship at a port
3
outside Australia; and
4
(b) the master has not given the seaman at least 7 days notice of
5
the master's intention to discharge the seaman; and
6
(c) the seaman has not consented to being discharged at the
7
particular port (whether or not the seaman consents to the
8
discharge).
9
Penalty: 10 penalty units.
10
11 Application of items 9 and 10
11
(1)
The amendments made by items 9 and 10 of this Schedule apply in
12
relation to a notice of intention to discharge a seaman given on or after
13
the commencement of this item.
14
(2)
Despite the amendments of sections 61 and 62A of the Navigation Act
15
1912 made by items 9 and 10 of this Schedule, those sections continue
16
to apply, in relation to a notice of intention to discharge a seaman given
17
before the commencement of this item, as if the amendments had not
18
been made.
19
12 Division 10 of Part II (heading)
20
Repeal the heading, substitute:
21
Division 10--Wages
22
13 Sections 70 to 73
23
Repeal the sections, substitute:
24
70 Payment of wages--general
25
(1) The regulations may make provision for or in relation to the
26
payment of wages to masters and seamen.
27
(2) Without limiting subsection (1), the regulations may make
28
provision for or in relation to the following:
29
(a) the frequency of making payments to masters and seamen;
30
(b) the method of making payments to masters and seamen;
31
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 9
(c) permitted deductions from payments to masters and seamen;
1
(d) pay slips, including the information relating to exchange rates
2
that must be included in any pay slip given to a master or
3
seaman;
4
(e) the payment of part or all of the wages of a master or a
5
seaman, with the master's or seaman's consent, to a person
6
other than the master or the seaman;
7
(f) the charges that may be imposed for making payments in
8
accordance with paragraph (e).
9
(3) The regulations must not provide for the quantum or amount of
10
wages payable to masters and seamen.
11
14 Section 75A
12
Repeal the section.
13
15 Sections 77 and 78
14
Repeal the sections.
15
16 Sections 82 to 84
16
Repeal the sections.
17
17 Subsection 85(1)
18
After "wreck", insert ", foundering".
19
Note:
The heading to section 85 is altered by inserting ", foundering" after "wreck".
20
18 Paragraph 85(4)(a)
21
After "wreck", insert ", foundering".
22
19 Subsection 85(5)
23
After "wreck", insert ", foundering".
24
20 Sections 91 and 93
25
Repeal the sections.
26
21 Application of items 13 to 20
27
(1)
The amendments made by items 13 to 20 of this Schedule apply in
28
relation to wages earned on or after the commencement of this item.
29
Schedule 1 Amendments
Part 1 Amendments relating to the Maritime Labour Convention
10 Navigation Amendment Bill 2011 No. , 2011
(2)
Despite the amendments of sections 70 and 85 of the Navigation Act
1
1912 made by items 13, 17, 18 and 19 of this Schedule, those sections
2
continue to apply, in relation to wages earned before the
3
commencement of this item, as if the amendments had not been made.
4
(3)
Despite the repeal of sections 71 to 73, 77 and 78, 82 to 84, 91 and 93
5
of the Navigation Act 1912 made by items 13, 15, 16 and 20 of this
6
Schedule, those sections continue to apply, in relation to wages earned
7
before the commencement of this item, as if the repeal had not
8
happened.
9
22 Before section 116
10
Insert:
11
115 Free provisions
12
A person commits an offence if:
13
(a) the person is the owner of a ship; and
14
(b) the owner, or a representative of the owner, does not provide
15
free provisions to the seamen or the master engaged on the
16
ship.
17
Penalty: 10 penalty units.
18
23 Section 117
19
After "size", insert ", and cultural and religious backgrounds,".
20
24 After paragraph 127(1)(b)
21
Insert:
22
; or (ba) requires essential dental care;
23
25 Paragraph 128(1)(a)
24
After "injury of", insert ", or the provision of essential dental care to,".
25
26 Paragraph 128(1)(b)
26
After "injury of", insert ", or the provision of essential dental care to,".
27
27 Subsections 132(1) and (2)
28
After "injury,", insert "or the need for essential dental care,".
29
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 11
28 Subsection 132(6)
1
After "injury" (first occurring), insert ", or a need for essential dental
2
care,".
3
29 Subsection 132(6)
4
After "injury" (second occurring), insert ", or need for essential dental
5
care,".
6
30 Subsection 132(6A)
7
After "injury" (first occurring), insert ", or a need for essential dental
8
care,".
9
31 Subsection 132(6A)
10
After "injury" (second occurring), insert ", or need for essential dental
11
care".
12
32 Paragraph 132(6B)(a)
13
After "injury", insert ", or need for essential dental care,".
14
33 Paragraph 132(6C)(a)
15
After "injury", insert ", or a need for essential dental care".
16
34 Subsection 134(1)
17
Omit all the words after "effect to", substitute "Regulation 1.2 of the
18
Maritime Labour Convention".
19
Note:
The heading to section 134 is altered by omitting "Medical Examination (Seafarers)
20
Convention 1946" and substituting "Maritime Labour Convention".
21
35 Subsection 134(2)
22
Omit "a provision of the Convention", substitute "Regulation 1.2 of the
23
Maritime Labour Convention".
24
36 Subsection 134(2)
25
Omit "that provision", substitute "Regulation 1.2".
26
37 Subsection 134(4)
27
Omit "the Convention" (wherever occurring), substitute "Regulation 1.2
28
of the Maritime Labour Convention".
29
Schedule 1 Amendments
Part 1 Amendments relating to the Maritime Labour Convention
12 Navigation Amendment Bill 2011 No. , 2011
38 Subsection 136(2)
1
Repeal the subsection, substitute:
2
(2) The regulations may make provision in relation to giving effect to
3
Regulation 3.1 of the Maritime Labour Convention.
4
39 Subsection 136(3)
5
Omit "either Convention", substitute "Regulation 3.1 of the Maritime
6
Labour Convention".
7
40 Subsection 136(5)
8
Omit "Conventions" (wherever occurring), substitute "Regulation 3.1 of
9
the Maritime Labour Convention".
10
41 Section 138
11
Repeal the section.
12
42 Section 172A
13
Repeal the section.
14
43 Subsection 187(2)
15
After "those Regulations)", insert ", or the Maritime Labour
16
Convention".
17
44 Subsection 187(3)
18
After "Safety Convention" (first occurring), insert "or the Maritime
19
Labour Convention".
20
45 Subsection 187(3)
21
After "(b),", insert "(ba),".
22
46 Subsection 187(3)
23
After "Safety Convention" (second occurring), insert "or the Maritime
24
Labour Convention, as the case requires,".
25
47 Paragraph 187AA(1)(a)
26
After "206K,", insert "206XC,".
27
Note:
The heading to section 187AA is altered by inserting "or declarations" after
28
"certificates".
29
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 13
48 Subsection 187AA(2)
1
After "(b),", insert "(ba),".
2
49 Subsection 187AA(2)
3
After "prescribed certificate", insert ", or a declaration referred to in
4
section 206XB,".
5
50 Subsection 187AA(3)
6
After "a prescribed certificate", insert ", or a declaration referred to in
7
section 206XB,".
8
51 Subsection 187AA(3)
9
After "the prescribed certificate", insert "or declaration".
10
52 Subsection 187AA(4)
11
After "certificate" (wherever occurring), insert "or declaration".
12
53 Subsection 187A(1)
13
Insert:
14
declaration of maritime labour compliance means a declaration
15
issued under subsection 206XB(1) or (2).
16
54 Subsection 187A(1)
17
Insert:
18
interim maritime labour certificate means a certificate issued
19
under regulations made for the purposes of subsection 206XE(1).
20
55 Subsection 187A(1) (before paragraph (a) of the definition
21
of international voyage)
22
Insert:
23
(aa) for the purposes of Division 2D, a voyage:
24
(i) from a port in Australia to a port outside Australia; or
25
(ii) to a port in Australia from a port outside Australia; or
26
(iii) from a port outside Australia to that port or to another
27
port outside Australia; and
28
Schedule 1 Amendments
Part 1 Amendments relating to the Maritime Labour Convention
14 Navigation Amendment Bill 2011 No. , 2011
56 Subsection 187A(1) (paragraph (b) of the definition of
1
international voyage)
2
Omit "Division 5", substitute "Divisions 2D and 5".
3
57 Subsection 187A(1)
4
Insert:
5
maritime labour certificate means a certificate issued under
6
subsection 206XC(1) or (2).
7
58 At the end of paragraphs 190(a), (b) and (c)
8
Add "or".
9
59 After paragraph 190(e)
10
Insert:
11
; or (f) assessing the working and living conditions on board ships;
12
60 Subsection 190AA(2)
13
Omit "Without limiting the generality of subsection (1), the powers of a
14
surveyor under that subsection", substitute "The powers of a surveyor
15
under subsection (1)".
16
61 After subsection 190AA(2)
17
Insert:
18
(2AA) The powers of a surveyor under subsection (1) extend to:
19
(a) the inspection of a ship for the purpose of ascertaining
20
whether the ship complies with such of the provisions of this
21
Act and the regulations and orders relating to the working
22
and living conditions of the seamen on board the ship and of
23
the master of the ship as apply to the ship; and
24
(b) requiring the production to the surveyor of any certificate or
25
declaration relating to those conditions issued in respect of
26
the ship.
27
(2AB) Subsections (2) and (2AA) do not limit subsection (1).
28
62 Subsection 190AA(2A)
29
Omit "or (2)", substitute ", (2) or (2AA)".
30
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 15
63 After subsection 190A(1)
1
Insert:
2
(1AA)
If:
3
(a) a maritime labour certificate or an interim maritime labour
4
certificate has been issued in respect of a ship; and
5
(b) the working and living conditions of the seamen on board the
6
ship or of the master of the ship change so that the ship does
7
not comply with the requirements of this Act that relate to
8
those conditions (other than requirements from which the
9
Authority has exempted the ship);
10
then, as soon as practicable after the change, written notice of the
11
change must be given to the person prescribed in the form
12
prescribed.
13
Note:
Section 206XH deals with exemptions.
14
64 Paragraph 190A(1A)(a)
15
After "subsection (1)", insert "or (1AA)".
16
65 After subsection 190A(2)
17
Insert:
18
(2A) If the Authority has reason to believe that:
19
(a) a report referred to in paragraph 206XC(1)(c) or (2)(c) in
20
respect of a ship has been fraudulently or erroneously made
21
or obtained; or
22
(b) a maritime labour certificate or an interim maritime labour
23
certificate has been issued in respect of a ship upon false or
24
erroneous information; or
25
(c) since a maritime labour certificate or interim maritime labour
26
certificate was issued in respect of a ship, the working and
27
living conditions of the seamen on board the ship or of the
28
master of the ship have changed so that those conditions do
29
not comply with the requirements of this Act that relate to
30
those conditions (other than requirements from which the
31
Authority has exempted the ship);
32
the Authority may:
33
(d) in any case--cancel any maritime labour certificate or
34
interim maritime labour certificate (as the case may be)
35
issued in respect of the ship; or
36
Schedule 1 Amendments
Part 1 Amendments relating to the Maritime Labour Convention
16 Navigation Amendment Bill 2011 No. , 2011
(e) if paragraph (c) applies--detain the ship until the Authority is
1
satisfied that the conditions concerned comply with the
2
requirements of this Act that relate to those conditions (other
3
than requirements from which the Authority has exempted
4
the ship).
5
Note:
Section 206XH deals with exemptions.
6
66 Subsection 190A(3)
7
After "Division 2B", insert "or cancels a maritime labour certificate or
8
an interim maritime labour certificate issued in respect of a ship".
9
67 Subsection 190A(4)
10
After "Division 2B", insert ", or a maritime labour certificate or an
11
interim maritime labour certificate issued in respect of a ship,".
12
68 After section 191
13
Insert:
14
191AA Regulations to give effect to Maritime Labour Convention
15
(1) The regulations may make provision for or in relation to giving
16
effect to the Maritime Labour Convention.
17
(2) If a provision of the Maritime Labour Convention applies only in
18
relation to a particular class of ships or in relation to ships engaged
19
on a particular class of voyages, any regulation that gives effect to
20
that provision may be applied to ships of any other class or to ships
21
engaged in any other class of voyages.
22
(3) Regulations and orders giving effect to the Maritime Labour
23
Convention do not apply in relation to a ship referred to in
24
paragraph 2(1)(a), (b), (ba), (c) or (d) to the extent that a law of a
25
State or of the Northern Territory makes provision giving effect to
26
the Maritime Labour Convention in relation to that ship.
27
69 Subsection 191A(1)
28
After "the Safety Convention,", insert "the Maritime Labour
29
Convention".
30
70 After Division 2C of Part IV
31
Insert:
32
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 17
Division 2D--Declarations of maritime labour compliance
1
and maritime labour certificates
2
206XA Maritime labour certificates required for steamships
3
registered in Australia
4
A person commits an offence if:
5
(a) the person is the master or owner of a ship; and
6
(b) the ship is a steamship registered in Australia; and
7
(c) the ship has a gross tonnage of 500 or more; and
8
(d) the person takes the ship to sea, or permits the ship to be
9
taken to sea by the master or the owner (as the case may be),
10
or another person, on an international voyage; and
11
(e) when the ship is taken to sea, none of the following
12
certificates is in force in respect of the ship:
13
(i) a maritime labour certificate;
14
(ii) an interim maritime labour certificate;
15
(iii) a certificate of exemption under section 206XH
16
exempting the ship from all the requirements of this Act
17
relating to the working and living conditions of seamen
18
on board the ship and of the master of the ship.
19
Penalty: Imprisonment for 4 years.
20
206XB Issue of declarations of maritime labour compliance
21
Issue of declarations of maritime labour compliance by Authority
22
(1) The Authority may issue a declaration of maritime labour
23
compliance in respect of a steamship registered in Australia if:
24
(a) the Authority has completed Part I of the declaration; and
25
(b) the owner of the ship has completed Part II of the declaration;
26
and
27
(c) a surveyor has inspected the ship; and
28
(d) after receiving a report of the inspection, the Authority is
29
satisfied that the measures set out in Part II of the declaration
30
comply with the requirements of this Act relating to ensuring
31
initial and ongoing compliance with the requirements set out
32
in Part I of the declaration.
33
Schedule 1 Amendments
Part 1 Amendments relating to the Maritime Labour Convention
18 Navigation Amendment Bill 2011 No. , 2011
Issue of declarations of maritime labour compliance by survey
1
authority
2
(2) A survey authority may issue a declaration of maritime labour
3
compliance in respect of a steamship registered in Australia if:
4
(a) the Authority or the survey authority has completed Part I of
5
the declaration; and
6
(b) the owner of the ship has completed Part II of the declaration;
7
and
8
(c) an inspection of the ship has been carried out by or on behalf
9
of the survey authority; and
10
(d) having regard to a report of the inspection, the survey
11
authority is satisfied that the measures set out in Part II of the
12
declaration comply with the requirements of this Act relating
13
to ensuring initial and ongoing compliance with the
14
requirements set out in Part I of the declaration.
15
Declaration of maritime labour compliance to be in prescribed
16
form
17
(3) A declaration of maritime labour compliance must be in the
18
prescribed form.
19
Declaration of maritime labour compliance not a legislative
20
instrument
21
(4) A declaration of maritime labour compliance is not a legislative
22
instrument.
23
206XC Issue of maritime labour certificates
24
Issue of maritime labour certificates by Authority
25
(1) The Authority may issue a maritime labour certificate in respect of
26
a steamship registered in Australia if:
27
(a) a declaration of maritime labour compliance is in force in
28
relation to the ship; and
29
(b) a surveyor has inspected the ship; and
30
(c) after receiving a report of the inspection, the Authority is
31
satisfied that the ship complies with the requirements of this
32
Act that relate to the working and living conditions of the
33
seamen on board the ship and of the master of the ship (other
34
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 19
than requirements from which the Authority has exempted
1
the ship).
2
Note:
Section 206XH deals with exemptions.
3
Issue of maritime labour certificates by survey authority
4
(2) A survey authority may issue a maritime labour certificate in
5
respect of a steamship registered in Australia if:
6
(a) a declaration of maritime labour compliance is in force in
7
relation to the ship; and
8
(b) an inspection of the ship has been carried out by or on behalf
9
of the survey authority; and
10
(c) having regard to a report of the inspection, the survey
11
authority is satisfied that the ship complies with the
12
requirements of this Act that relate to the working and living
13
conditions of seamen on board the ship and of the master of
14
the ship (other than requirements from which the Authority
15
has exempted the ship).
16
Note:
Section 206XH deals with exemptions.
17
Maritime labour certificate to be in prescribed form
18
(3) A maritime labour certificate must be in the prescribed form.
19
Maritime labour certificate not a legislative instrument
20
(4) A maritime labour certificate is not a legislative instrument.
21
206XD Duration of maritime labour certificate
22
(1) Subject to this Act, a maritime labour certificate remains in force
23
for the period specified in the certificate.
24
(2) The period specified in a certificate under subsection (1) must not
25
exceed the period prescribed by the regulations for the purposes of
26
this subsection.
27
206XE Interim maritime labour certificates
28
(1) The regulations may make provision for or in relation to interim
29
maritime labour certificates.
30
Schedule 1 Amendments
Part 1 Amendments relating to the Maritime Labour Convention
20 Navigation Amendment Bill 2011 No. , 2011
(2) Without limiting subsection (1), the regulations make provision for
1
or in relation to:
2
(a) the issuing of interim maritime labour certificates; and
3
(b) the duration of interim maritime labour certificates.
4
206XF When a maritime labour certificate ceases to be in force
5
A maritime labour certificate, or an interim maritime labour
6
certificate, ceases to be in force:
7
(a) if the ship in respect of which it was issued ceases to be
8
registered in Australia; or
9
(b) if, after the issue of the certificate, there is a change in the
10
ownership of the ship in respect of which it was issued; or
11
(c) in the circumstances referred to in subsection 190A(3); or
12
(d) in any other circumstances prescribed by the regulations.
13
206XG Declarations of maritime labour compliance and maritime
14
labour certificates to be made available
15
Access to declaration or certificate by crew
16
(1) The master of a ship commits an offence if:
17
(a) a declaration of maritime labour compliance, a maritime
18
labour certificate or an interim maritime labour certificate is
19
in force in respect of the ship; and
20
(b) the master does not ensure that a copy of the declaration or
21
certificate is posted up in a part of the ship to which all
22
members of the crew have access.
23
Penalty: 10 penalty units.
24
Examination of declaration or certificate by persons on board
25
(2) The master of a ship commits an offence if:
26
(a) a declaration of maritime labour compliance, a maritime
27
labour certificate or an interim maritime labour certificate is
28
in force in respect of the ship; and
29
(b) the master does not ensure that a copy of the declaration or
30
certificate is available at all reasonable times for examination
31
on request by any person on board the ship.
32
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 21
Penalty: 10 penalty units.
1
206XH Exemptions
2
(1) The regulations may provide for the Authority to exempt a ship
3
from a requirement of this Act that relates to the working and
4
living conditions of seamen on board the ship and of the master of
5
the ship.
6
(2) The Authority may issue a certificate of exemption in respect of a
7
ship specifying the requirement from which the ship is exempt and
8
the conditions, if any, subject to which the ship is exempt.
9
(3) A certificate of exemption must be in the prescribed form.
10
(4) A certificate of exemption is not a legislative instrument.
11
Offence
12
(5) The master and owner of a ship each commit an offence if:
13
(a) a certificate of exemption under this section specifies
14
conditions subject to which the ship is exempt from a
15
requirement specified in the certificate; and
16
(b) the conditions are not complied with.
17
Penalty: Imprisonment for 4 years.
18
206XI Production of maritime labour certificates to officers of
19
Customs
20
(1)
If:
21
(a) an application is made to an officer of Customs in respect of
22
a steamship registered in Australia for a clearance under the
23
Customs Act for a voyage from a port in Australia; and
24
(b) the master of the ship would contravene section 206XA if the
25
master took the ship to sea on that voyage from that port
26
without any of the following certificates being in force in
27
respect of the ship:
28
(i) a maritime labour certificate;
29
(ii) an interim maritime labour certificate;
30
(iii) a certificate of exemption under section 206XH
31
exempting the ship from all the requirements of this Act
32
Schedule 1 Amendments
Part 1 Amendments relating to the Maritime Labour Convention
22 Navigation Amendment Bill 2011 No. , 2011
relating to the working and living conditions of seamen
1
on board the ship and of the master of the ship;
2
the master of the ship must, if so required by an officer of
3
Customs, produce to the officer of Customs any one of those
4
certificates.
5
(2) If an officer of Customs has required the master of a ship to
6
produce to the officer any one of those certificates, then, until one
7
of those certificates is so produced, the officer of Customs may
8
refuse to grant the clearance, and the ship may be detained.
9
71 Subsection 207A(1)
10
Repeal the subsection, substitute:
11
(1) A ship is substandard for the purposes of this Act if either or both
12
of the following paragraphs apply:
13
(a) the ship is seaworthy, but conditions on board the ship are
14
clearly hazardous to safety or health;
15
(b) if the ship is of a kind to which the Maritime Labour
16
Convention applies or is capable of applying--the ship does
17
not comply with the Maritime Labour Convention.
18
72 Subsection 290(1)
19
Omit "under", substitute "that complies with".
20
73 Paragraph 377C(d)
21
Repeal the paragraph.
22
74 Section 377D
23
Before "Application", insert "(1)".
24
75 At the end of section 377D
25
Add:
26
(2) In this section, certificate includes a declaration of maritime labour
27
compliance issued under subsection 206XB(1) or (2).
28
76 Subsection 397(2)
29
Omit "190A(1)", substitute "190A(1A)".
30
77 Subsection 410(1)
31
Amendments Schedule 1
Amendments relating to the Maritime Labour Convention Part 1
Navigation Amendment Bill 2011 No. , 2011 23
Repeal the subsection, substitute:
1
(1) The master of a ship commits an offence if:
2
(a) Part II applies to the ship; and
3
(b) the master does not provide the seamen of the ship with
4
access (whether electronic or otherwise), at all reasonable
5
times, to a copy of:
6
(i) this Act; and
7
(ii) if the ship is a Maritime Labour Convention ship--the
8
Maritime Labour Convention.
9
Penalty: 5 penalty units.
10
Note:
The heading to section 410 is altered by omitting "to be kept" and substituting "and
11
Maritime Labour Convention to be accessible".
12
78 Subsection 424(5A)
13
Repeal the subsection.
14
79 After paragraph 425(1)(e)
15
Insert:
16
(ea) the training and qualifications of masters and seamen;
17
(eb) the maximum number of hours that masters or seamen may
18
be required to work in a particular period of time;
19
20
Schedule 1 Amendments
Part 2 Amendments relating to vessel traffic services
24 Navigation Amendment Bill 2011 No. , 2011
Part 2--Amendments relating to vessel traffic
1
services
2
Navigation Act 1912
3
80 Subsection 411(3) (definition of vessel traffic service)
4
After "1997", insert ", and as amended from time to time,".
5
81 After paragraph 425(1)(db)
6
Insert:
7
(dc) vessel traffic services (within the meaning of section 411);
8