Commonwealth Consolidated Acts

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NAVIGATION ACT 1912 - SECT 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.



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