Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 71

             (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.