Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 70

             (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, de facto partner, 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.

             (5)  For the purposes of subparagraph (1)(a)(i), if one person is the child of another person because of the definition of child in this Act, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.