[pic] Navigation Act 1912 Act No. 4 of 1913 as amended This compilation was prepared on 8 July 2008 taking into account amendments up to Act No. 73 of 2008 Volume 1 includes: Table of Contents Sections 1-427 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 Volume 2 includes: Table of Contents Schedule 1 Volume 3 includes: Table of Contents Schedules 2-9 Volume 4 includes: Note 1 Table of Acts Act Notes Table of Amendments Table A 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 6F Authority may approve form 13 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 17 8AC Expiration or revocation of declarations 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 Definitions 20 10 Application of Part 20 Division 2-Superintendents 22 13 Superintendents 22 Division 2A-The manning of ships 23 14 Minimum complement of ships 23 Division 3-Qualifications of masters, officers and seamen 25 15 Regulations respecting qualifications and watchkeeping obligations of masters, officers and seamen 25 16 Unqualified person performing duties of master, officer or seaman 26 17 Certificates to be produced 26 Division 4-Supplying seamen 28 32 Penalty for receiving fees for supply of seamen 28 Division 7-Crew work in port 29 45 Employment of crew in loading and unloading 29 Division 8-Engagement of seamen 30 46 Engagement of seamen 30 47 Persons unsuitable for engagement 31 48 Report of circumstances rendering person unsuitable for engagement 32 48A Minimum age for employment at sea 32 50 Period of agreements 32 52 Owner or master to furnish details of crew of ship 34 53 Copy of agreement to be posted up 34 54 Agreements to be delivered to proper authority 34 55 Erasures and alterations 35 56 Offences 35 57 Evidence as to agreement 35 59 Obligation as to seaworthiness 35 59A Abolition of defence of common employment 36 59B Shipowner not entitled to limit liability in respect of certain claims 36 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 43 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 46 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 49 101 Smuggling by crew 49 104 Stowaways and distressed seamen 49 110 Return of foreign-going seaman to ship 49 113 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 60 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 62 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 72 149 Interpretation 72 150 Master to take charge of money and effects 72 151 Death of seamen abroad 72 152 Penalty for not accounting for effects 73 153 Effects of deceased seaman not left on board 74 154 Recovery of wages of seaman lost with ship 74 155 Property of deceased seaman to be delivered to superintendent 75 155A Transmission of money and effects to Authority 75 156 Right of Authority to dispose of effects of deceased seaman 75 157 Wills of deceased seamen 76 158 Creditors' claims 77 158A Sale of effects etc. by auction 78 159 Disposal of effects when no claim 78 160 Giving false evidence in connection with deceased seamen's property 78 Division 18-Relief to seamen's families 79 161 Relief of families by public institutions 79 162 Reimbursement of institutions 79 Division 19-Relief and maintenance of distressed seamen 81 163 Interpretation 81 163A Regulations may make provision for relief and maintenance of distressed seamen 81 Division 20-The master 83 164 All ships may be searched 83 167 Agreement to be produced 83 168 Documents to be handed over to master's successor 84 Division 21-The log 85 171 Official log-book 85 172 Offences in relation to official log-book 85 172A Report of matters recorded in official log-book 86 173 Delivery of official log-book 86 174 Transmission of log-book to superintendent 86 Part III-Foreign seamen 88 177 Definition of seaman 88 178 Apprehension of seaman 88 180 Return to ship 88 183 Proceedings at instance of consul only 89 184 Proof of agreement 89 185 Expenses to be paid by consul 89 186 Expenses of returning foreign seamen left behind 89 Part IIIA-Pilotage 90 Division 1-General provisions applicable to pilotage 90 186A Application of Part 90 186B Definitions 90 186C Qualifications of pilots etc. 90 186D Regulations may make other provisions relating to pilotage etc. 92 186E Unqualified person performing duties of licensed pilot 92 186F Abuse of alcohol and other drugs 93 Division 2-Compulsory pilotage 95 186G Definitions 95 186H Regulations may provide for compulsory pilotage in certain circumstances 96 186I Offence to navigate without a licensed pilot 96 186J Licensed pilots to issue certificates 97 186K Exemption from requirement to navigate with a licensed pilot 97 186L Defence in proceedings for offences 98 Part IV-Ships and shipping 99 Division 1-General 99 187 Application of Part 99 187AA Issue of certificates in respect of ships to which this Act does not apply 99 187A Interpretation 100 187B Declaration of countries to which the Safety Convention applies 105 187BA Approval of classification certificates 105 187C When ships deemed to be overloaded 105 187D Certificate by Minister as to amendments of the Load Line Convention 107 187E Certificate by Minister as to amendments of the Safety Convention etc. 107 188 Exemptions 107 189 All ships liable to survey and inspection 108 190 Appointment of surveyors 108 190AA Powers of inspection of surveyors 108 190AB Publication of information about ships 109 190A Alterations etc. of ships and cancellation of certificates 110 190B Regulations relating to construction, surveys etc. 111 191 Regulations to give effect to Safety Convention 112 191A Discretions relating to regulations giving effect to Conventions 112 191B Offences with respect to subdivision load line marks 113 192A Detention of ships not registered in Australia 114 192B Stability information 114 192C Nuclear ships 114 Division 2-Surveys of steamships and survey certificates 116 193 Steamships to be surveyed periodically 116 194 Surveyors' reports and declarations, and issue of certificates 116 195 Duration and extension of certificates 117 195A Cancellation of certificates if ship ceases to be registered in Australia 118 196 Certificates to be made available for examination 118 202 Overcrowding steamships 118 203 Alteration of certificates with respect to number of passengers 119 204 Inspection of ships exempt from survey 119 204A Non-application to certain ships 120 206 Operation of watertight doors etc. 120 Division 2A-Sailing ships 121 206B Application of Division 2 to sailing ships 121 Division 2B-Issue of safety certificates 122 206C Interpretation 122 206D Passenger steamships-safety certificates 122 206E Cargo steamships-safety construction certificates 123 206F Cargo steamships-safety equipment certificates 124 206G Cargo steamships-safety radio certificates 124 206GA Cargo steamships-safety certificates 125 206H Exemptions 125 206J Nuclear passenger ships-safety certificates 126 206K Nuclear cargo ships-safety certificates 126 206L Authority may request Safety Convention countries to issue certificates 127 206M Safety Convention countries may request Authority to issue certificates 127 206N Duration of certificates 128 206P Extension of certificates 128 206PA Cancellation of certificates if ship ceases to be registered in Australia 128 206Q Certificates to be made available for examination 128 Division 2C-Survey and safety certificates required for ships 129 206R Interpretation 129 206S Certificates required for Australian passenger steamships 129 206T Certificates required for Australian cargo steamships 129 206U Certificates required for Australian nuclear ships 131 206V Documentary evidence of seaworthiness required for non- Safety Convention ships not registered in Australia 131 206W Production of certificates or other documentary evidence 131 206X Modification of certificates 133 Division 3-Unseaworthy and substandard ships 134 207 Definition of seaworthy 134 207A Substandard ships 134 208 Sending unseaworthy ship to sea 135 209 Seaman may claim discharge from unseaworthy or substandard ship 135 210 Detention of unseaworthy and substandard ships 135 211 Costs of detention 136 212 Taking detained ship to sea 137 213 Security for costs 137 214 Circumstances where complainant liable for costs of detention 137 Division 4-Life-saving appliances and fire protection 138 215 Regulations may make provision in relation to life-saving and fire prevention 138 216A Modification of certificates in respect of life-saving appliances 138 217 Offences as to appliances 139 Division 5-Load lines 140 218 Interpretation 140 219 Declaration of Load Line Convention countries 141 220 Load line regulations 141 221 Exemptions 141 222 Issue of load line certificates 143 223 Issue of exemption certificates 144 224 Duration, extension and cancellation of certificates 144 225 Particulars in certificate to be entered in log-book 145 226 Authority may issue certificate at request of Load Line Convention country 145 227 Authority may request Load Line Convention country to issue certificates 146 227A Ships not to proceed to sea without load line certificates 146 227B Ships not to be overloaded 148 227C Detention of ships incorrectly marked 149 227D Offences with respect to marks 149 227E Inspection of non-Australian Load Line Convention ships 150 Division 6-Signals of distress 152 228 Ships to be furnished with distress signals 152 229 Signals of distress and urgency 152 230 Compensation for loss occasioned by improper use of signals 152 Division 6A-Radio equipment 153 231 Application of Division 153 231A Ships to be equipped with radio installations and radio navigational aids 153 231B Radio operators 153 231C Maintenance and use of radio equipment and radio services 154 231D Deficiency in number of operators on Safety Convention ships 154 231E Log-books 154 231F Regulations providing for radio installations etc. 155 Division 7-Compasses 156 232 Regulations 156 233 Ships not to be taken to sea without proper compasses 156 234 Ship unseaworthy if not equipped with proper compasses 156 Division 8-Musters, drills and checks and tests of machinery and equipment 157 235 Musters and drills 157 236 Machinery and equipment checks and tests 157 Division 9-Containers 158 237 Interpretation 158 238 Declaration of countries to which the Container Convention applies 158 239 Certificate by Minister as to amendments of the Container Convention 158 240 Regulations to give effect to the Container Convention 159 241 Safety requirements and tests not required or permitted by the Container Convention not to be imposed 159 Division 10-Dangerous goods, livestock, grain, deck and other cargoes 160 248 Definition of dangerous goods 160 249 Shipping of dangerous goods 160 250 Powers of owner or master as to dangerous goods 160 251 Right to decline to sail in ships carrying dangerous goods 160 252 Forfeiture of dangerous goods 161 253 False descriptions 161 253A Carriage of dangerous goods 161 254 Prohibition on carriage of cargo 162 255 Notice of intention to ship 162 257 Loading, stowing, carriage and unloading of cargo 163 Division 11-Collisions, loss and damage 164 258 Collisions, lights and signals 164 258AA Certificate by Minister as to amendments of the Prevention of Collisions Convention 165 258A Careful navigation near ice 166 259 Rule as to division of loss 166 260 Damages for personal injuries 166 261 Right of contribution 167 261A Application of sections 259, 260 and 261 to Defence ships 167 263 Abolition of statutory presumption of fault 167 264 Master to render assistance and abolition of statutory presumption of fault 168 265 Obligation to render assistance 168 265A Liability of charterers etc. 170 Division 12-Ships carrying or using oil 171 266 Interpretation 171 267 Application of Division 171 267A Regulations to give effect to certain Regulations of Annex I 172 267B Ship construction certificates 172 267C International Oil Pollution Prevention Certificates 172 267D Alteration etc. of construction of ships and cancellation of certificates 173 267E Ships to be surveyed periodically 174 267F Cancellation of certificate if ship ceases to be registered etc. 174 267G Certificates required for Australian ships 175 267H Certificates to be carried on board Australian ships 175 267J Production of certificates 175 267K Directions in relation to foreign ships 176 Division 12A-Ships carrying noxious liquid substances in bulk 178 267M Interpretation 178 267N Application of Division 178 267P Regulations to give effect to regulation 11 of Annex II 179 267Q Chemical tanker construction certificates 179 267R International Pollution Prevention Certificates for the Carriage of Noxious Liquid Substances in Bulk 179 267S Alteration etc. of construction of ships and cancellation of certificates 180 267T Ships to be surveyed periodically 181 267U Cancellation of certificate if ship ceases to be an Australian ship 182 267V Certificates required for Australian ships 182 267W Certificates to be carried on board Australian ships 182 267X Production of certificates 182 267Y Directions in relation to foreign ships 183 Division 12B-Ships carrying packaged harmful substances 185 267ZA Interpretation 185 267ZB Application of Division 185 267ZC Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III 186 Division 12C-Sewage 187 267ZD Interpretation 187 267ZE Application of Division 187 267ZF Regulations to give effect to Regulations 4, 9 and 10 of Annex IV 188 267ZG International Sewage Pollution Prevention Certificates for Australian ships 188 267ZH International Sewage Pollution Prevention Certificates for foreign ships 188 267ZJ Alteration etc. of construction of ships and cancellation of certificates 189 267ZK Ships to be surveyed periodically 190 267ZL Cancellation of sewage certificate if ship ceases to be an Australian ship 191 267ZM Certificates required for Australian ships 191 267ZN Certificates to be carried on board Australian ships 191 267ZP Production of certificates 192 267ZQ Directions in relation to foreign ships 192 267ZS Operation of Division 193 Division 12D-Air pollution 194 267ZT Definitions 194 267ZU Application of Division 194 267ZV Regulations to give effect to Regulations 5, 6, 8, 9, 13 and 16 of Annex VI 195 267ZW Air pollution prevention certificates for Australian ships 195 267ZX International Air Pollution Prevention Certificates for foreign ships 195 267ZY Obligation to report damage etc. to ship 196 267ZZ Authority may cancel certificates 196 267ZZA Ships to be surveyed periodically 197 267ZZB Certificate lapses if ship ceases to be Australian ship 198 267ZZC Certificates required for Australian ships 198 267ZZD Certificates to be carried on board Australian ships 198 267ZZE Production of certificate 199 267ZZF Directions in relation to foreign ships 199 Division 13-Report of accidents and of dangers to navigation 202 268 Accidents etc. to be reported 202 269 Notification of loss of ships 204 269A Report of dangers to navigation 204 Division 14-Report of movement of ships 206 269B Definitions 206 269C Objects of Division 206 269D Regulations relating to reporting requirements 207 Part V-Passengers 209 270 Regulations as to passenger trade 209 272 Provision for passengers wrecked 209 273 Assurances in connection with passages 210 274 Responsibility of owner to other persons 210 275 Passenger landed elsewhere than at destination 210 276 Right of action by passenger 211 278 Obstructing ship or machinery 211 279 Power to exclude certain persons 211 280 Taking passage for lunatic, or sending lunatic on board 212 281 Offences on ships by disorderly persons 212 282 Offences by passengers 213 Part VA-Special purpose ships and special personnel 214 283 Interpretation 214 283A Power to make regulations 214 283B Special personnel not passengers 214 Part VB-Off-shore industry vessels and off-shore industry mobile units 215 283C Extension to prescribed Territories 215 283D Regulations with respect to off-shore industry vessels 215 283E Regulations with respect to off-shore industry mobile units 215 283F Directions with respect to off-shore industry mobile units 217 283G Off-shore industry vessels and mobile units not registered in Australia deemed to be registered in Australia 217 283H Personnel of off-shore industry vessels and mobile units not passengers 218 283J Notices by Minister as to International Maritime Organization resolutions 219 283K Regulations, orders and directions inconsistent with Offshore Petroleum Act 2006 etc. 219 Part VI-The coasting trade 221 284 Application of Part 221 286 Permits to unlicensed ships 221 287 Ships in receipt of subsidies 223 288 Licensing of ships to engage in coasting trade 223 289 Payment of Australian rates of wages 224 290 Indorsement of rate of wages on agreement 225 291 Seamen's rights not affected by agreement 225 292 Evidence of rates of wages 226 293 Responsibility of master, owner and agent for compliance with Act 226 293A Power to suspend provisions as to coasting trade 226 Part VII-Wrecks and salvage 227 Division 1-Interpretation 227 294 Interpretation 227 295 Powers of Customs reserved 228 295A Certain provisions of Part not applicable to historic wrecks 228 295B Certain provisions of Part not applicable to certain wrecks 229 Division 2-Wreck 230 296 Receiver where ship in distress 230 297 Powers of receiver to require assistance 230 298 Power to pass over private land to assist at wreck 231 299 Power of receiver to suppress plunder and disorder by force 231 300 Exercise of powers when receiver absent 232 301 Examination on oath as to wrecks 232 302 Finding or taking possession of wreck 233 303 Penalty for retaining possession of wreck 233 304 Notice to be posted in Customs-house 233 305 Claim of owner to wreck 233 306 Sale of wreck by receiver 234 307 Expenses connected with wreck 234 308 Right of Commonwealth 234 309 Sale of unclaimed wreck by receiver 234 310 Discharge of receiver from liability 235 311 Disputes as to title to wreck 235 312 Taking wreck out of Australia 235 313 Boarding ship in distress without authority 235 314 Offences as to wreck 236 314A Removal of wrecks on or near coast 236 Division 3-Salvage 238 315 Certain provisions of Salvage Convention to have force of law 238 316 Application of this Division 238 317 Application of section 2 to this Division 238 317A Assistance to persons in danger at sea 238 329B Salvage claims against the Crown 239 329C Salvage claims by the Crown 239 Part VIII-Exclusion of shipowners' liability 241 Division 2-Exclusion of liability 241 338 Ship owner not to be liable in certain cases of loss of, or damage to, goods 241 Part IXA-Review of decisions 242 377B Decisions under Part I 242 377C Decisions under Part II 242 377CA Decisions under Part IIIA 243 377D Principal decisions under Part IV in relation to certificates and exemptions 243 377E Other decisions under Division 1 of Part IV 244 377F Other decisions under Division 3 of Part IV 244 377G Other decisions under Divisions 4, 5, 6A and 10 of Part IV 244 377H Other decisions under Divisions 12, 12A, 12C and 12D of Part IV 245 377J Decisions under Part VB 245 377JA Decisions under Part VI 245 377K Decisions under Part XA 245 377L Decisions under Part XI 245 377M Statements to accompany notices 246 Part X-Legal proceedings 247 Division 1-Jurisdiction 247 378 Place where deemed to have been committed 247 379 Presumption of jurisdiction 247 380 Jurisdiction over ships lying off coast 247 384 Action against official 247 Division 2-Offences 249 385 Definitions 249 386 General offences 249 386A Impairment of person's capacity to carry out duties as master or seaman 250 386B Unacceptable blood alcohol content 251 386C Master or seaman may be required to undergo examination or to provide samples 251 386D Refusal to provide sample of breath for analysis 252 386E Refusal to submit to physical examination or to provide samples 253 386F Consumption of alcohol before undergoing examination etc. 254 386G Medical drugs 254 386H Permitting or requiring performance of duties by impaired person 255 386J Regulations 256 387 Hindering or interfering with masters or officers 256 387A Persuading or inciting breach of agreement 256 388 Being on board a ship unlawfully 257 389 False declarations etc. 257 389A Offences in connection with certificates 257 391 Beneficial owners subject to pecuniary penalties 258 Division 3-Prosecution and penalties 259 395A Proceedings against Corporations 259 396 Limitation of actions 259 397 Offences against certain provisions of Act and regulations 260 399 Distress and sale of ships 260 Division 4-Evidence and service 262 400 Production of depositions 262 401 Proof of certificates and other documents 262 402 Evidence as to execution 263 403 Admissibility of documents in evidence 263 403A Evidence in proceedings 264 404 Service of summons 264 405 Service of notice where there is no master 264 Division 5-Proceedings against the Crown 266 405A Proceedings against the Crown 266 Part XA-Tonnage measurement of ships 267 405B Interpretation 267 405C Declaration of countries to which the Tonnage Measurement Convention applies 268 405D Certificate by Minister as to amendments of Convention 268 405E Tonnage measurement regulations 268 405F Issue of tonnage measurement certificates 269 405G Extension and cancellation of certificates 270 405H Tonnage Measurement Convention country may request Authority to issue certificate 270 405J Authority may request Tonnage Measurement Convention country to issue certificate 271 405K Power of inspection of surveyors 271 405M Register tonnage of non-Convention ships 272 405N Tonnage of non-Convention ships to be measured in certain cases 272 405P Assignment of other tonnages to non-Convention ships 272 Part XI-Miscellaneous 274 407 Application of penalties and moneys 274 410 Copy of Act to be kept on certain ships 274 410A Charts 274 410B Civil liability in relation to ship under pilotage 275 411 Liability of master or owner under vessel traffic management arrangements 275 412 Search of vessels 276 413 Powers of Minister 276 414 Detention of ships 277 415 Taking official to sea 277 416 Refusal of clearance 278 417 Births, deaths etc. 278 418A Security 279 419 Seal 279 421 Power of exemption 279 424 Marine Council 280 425 Regulations 282 426A Power to provide in orders for review of decisions 284 427 Ministerial orders concerning Uniform Shipping Laws Code and the NSCV 285 An Act relating to Navigation and Shipping Part I-Introductory 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, or operated by: (a) the Australian Defence Force; or (b) 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. approved form means a form approved by the Authority under section 6F. articles of agreement has the same meaning as agreement. Australian coastal sea means: (a) the territorial sea of Australia; and (b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory. 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. exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973. 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, or that is operated by, the Australian 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. regulated ship has the meaning given by section 186G. 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. the Marine Council means the Marine Council established under section 424. the regulations, except in section 425 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. 6F Authority may approve form The Authority may, in writing, approve a form for the purposes of a provision of this Act. 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. 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. (2A) A declaration under subsection (2) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003. (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) A declaration under subsection (2) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003. (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) The owner of a fishing fleet support vessel may apply to the Authority for a declaration under subsection (1A) in relation to the vessel. (1A) Despite subsection (2), the Authority may, in writing, declare that this Act applies to the fishing fleet support vessel even when the vessel is proceeding on a voyage that is not an overseas voyage. (1B) A declaration under subsection (1A) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003. (2) If a declaration under subsection (1A) 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). 8AC Expiration or revocation of declarations (1) A declaration made under section 8A, 8AA or 8AB ceases to have effect, unless sooner revoked, at the end of the period, if any, specified in the declaration. (2) The Authority must revoke a declaration made under section 8A, 8AA or 8AB if requested to do so by the owner of the vessel or ship to which the declaration relates. (3) The Authority may revoke a declaration made under section 8A, 8AA or 8AB if the Authority is satisfied: (a) that the vessel or ship to which the declaration relates no longer exists or has been lost; or (b) that the name or any other details of the vessel or ship have been changed since the making of the declaration; or (c) that the vessel or ship no longer operates in Australia. 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 II-Masters and seamen Division 1-General 9A Definitions In this Part, unless the contrary intention appears: ship does not include a barge, lighter or other floating vessel that is not self-propelled. STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 adopted at London by the International Maritime Organization on 7 July 1978 as affected by any amendments made under Article XII of the Convention that have entered into force for Australia. Note: The text of the Convention is set out in the Australian Treaties Series 1984, No. 7. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department's world-wide web site. 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 2-Superintendents 13 Superintendents The Authority may, in writing, appoint a person to be a superintendent. Division 2A-The 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 60 penalty units. (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. (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 3-Qualifications of masters, officers and seamen 15 Regulations respecting qualifications and watchkeeping obligations 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. (1A) Without limiting the generality of subsection (1), regulations may give effect to the STCW Convention. (1B) Regulations giving effect to the STCW Convention are not intended to exclude the operation of a law of a State or of the Northern Territory that gives effect to that Convention. (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); (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: 50 penalty units. 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 4-Supplying 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 7-Crew 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 8-Engagement 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 9-Discharge 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 certificate 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 10-Seamen'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 sufficient 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 or she 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 12-Discipline 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 13-Provisions 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 14-Health 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