The 1998
Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Navigation Amendment (Employment of Seafarers) Bill 1998
No. , 1998
((Transport and Regional Services)
A Bill for an Act to amend the Navigation Act 1912, and for related
purposes
ISBN: 0642 387524
Contents
Navigation Act 1912 3
Occupational Health and Safety (Maritime Industry) Act 1993 9
A Bill for an Act to amend the Navigation Act 1912, and for related
purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Navigation Amendment (Employment of
Seafarers) Act 1998.
2 Commencement
This Act commences 28 days after the day on which it receives the Royal
Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned,
and any other item in a Schedule to this Act has effect according to
its terms.
Schedule 1--Navigation Act amendments
Navigation Act 1912
1 Subsection 6(1) (definition of agreement)
Repeal the definition, substitute:
agreement has the meaning given by subsection (8).
2 Subsection 6(1) (definition of articles of agreement)
Repeal the definition.
3 Subsection 6(1) (definition of the Marine Council)
Repeal the definition.
4 Subsections 6(4A), (4B) and (4C)
Repeal the subsections.
5 At the end of section 6
Add:
(8) An agreement is any agreement:
(a) to which an employer of a master or a seaman is a party; and
(b) to which the master or the seaman is a party; and
(c) which deals with terms and conditions of the master's or the
seaman's employment.
The agreement may be between 2 persons, or more than 2 persons.
Note: For example, an agreement may be between an employer and one
other person, or between an employer and the entire crew of a ship.
6 Section 6B
Repeal the section.
7 Section 6E
Repeal the section, substitute:
6E Proper return port
For the purposes of this Act, the proper return port of a master or a
seaman who has been employed on a ship is:
(a) the port agreed upon between the owner of the ship and the master
or seaman concerned; or
(b) in the absence of agreement--the port at which the master or seaman
concerned shipped.
8 Section 17
Repeal the section.
9 Division 4 of Part II
Repeal the Division.
10 Division 7 of Part II
Repeal the Division.
11 Division 8 of Part II (heading)
Repeal the heading, substitute:
Division 8--Employment of seafarers
12 Section 46
Repeal the section, substitute:
46 Employment of masters and seamen
The owner of a ship must not permit the ship to be taken to sea unless
there is an agreement in force in relation to the master and each
seaman on the ship.
Penalty: 20 penalty units.
13 Sections 47 and 48
Repeal the sections.
14 Section 50
Repeal the section.
15 Section 52
Omit ", and such details of changes in,".
16 Sections 53, 54, 55, 56 and 57
Repeal the sections.
17 Division 9 of Part II
Repeal the Division.
18 Sections 70, 71, 72, 73, 75, 75A, 76, 77, 78, 81 and 82
Repeal the sections.
19 Section 84
Repeal the section.
20 Subsection 85(1)
Omit "belonging to a ship is terminated, before the time contemplated
in the seaman's agreement,", substitute "on a ship is terminated".
21 Section 88
Repeal section.
the 22 Section 93
Repeal the section.
23 Subsection 104(2)
Omit ", and had signed the agreement".
24 Section 132
Repeal the section.
25 Paragraph 132A(1)(a)
Omit "or section 132".
26 Section 132B
Repeal the section.
27 Section 138
Repeal the section.
28 Paragraph 145(1)(a)
Omit ", before the seamen lawfully leave the ship at the end of their
engagement, or are discharged (whichever last happens)".
29 Sections 148C and 148D
Repeal the sections.
30 Subsection 151(2)
Omit ", and, if the ship's agreement will terminate at a time when the
ship is outside Australia, shall,".
31 Subsection 154(3)
Omit "or the certificate of a proper authority stating that certain
seamen were shipped in the ship from a port outside Australia,".
32 Subsection 161(2)
Repeal the subsection.
33 Subsection 163(1) (definition of distressed seaman)
Omit "discharged or".
34 Paragraph 167(1)(a)
Repeal the paragraph.
Note: The heading to section 167 is altered by omitting "Agreement" and
substituting "Official log book".
35 Subsections 167(2) and (3)
Repeal the subsections, substitute:
(2) The superintendent must return the official log book to the master
within a reasonable time before the ship's departure.
36 Subsection 171(5)
Omit "more than 24 hours after the arrival of a ship at its final port
of discharge", substitute "after the end of the prescribed period".
37 Section 172A
Repeal the section.
38 Subsection 173(1)
Omit "on the termination of the articles of agreement of the ship",
substitute "at the time and in the manner prescribed".
39 Subsections 184(1) and (2)
Omit "articles of".
40 Section 209
Omit all the words from and including "while it is unseaworthy",
substitute "while it is unseaworthy or substandard".
Note: The heading to section 209 is altered by omitting "claim
discharge from" and substituting &q...