Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 46

             (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.