Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 62A

             (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).