{"id":"seamens-act-1958","name":"Seamen's Act 1958","slug":"seamen-s-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176462,"registerId":"vic-seamens-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Seamen's Act 1958","content":"Version No. 015\n\n**Seamen's Act 1958**\n\n**No. 6362 of 1958**\n\nVersion incorporating amendments as at  \n1 March 2019\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title, commencement and division 1\n\n2 Repeal and savings 1\n\nPart I—Water police 3\n\n3 Vessels may be boarded and searched 3\n\n4 Penalty for wilfully obstructing or resisting persons in search of seamen 3\n\nPart II—Foreign seamen 4\n\n5 Definitions 4\n\n9 Vessels or places may be searched 4\n\n10 Warrants not to be issued and offences not to be prosecuted except in certain cases 5\n\n11 Penalties on persons harboring deserters 5\n\n12 Attesting witness need not be called 6\n\n13 Expenses by whom payable 6\n\n14 Service of proceedings 7\n\nSchedule 8\n\nEndnotes 9\n\n1 General information 9\n\n2 Table of Amendments 11\n\n3 Amendments Not in Operation 12\n\n4 Explanatory details 13\n\n**Version No.** **015**\n\n**Seamen's Act 1958**\n\n**No. 6362 of 1958**\n\nVersion incorporating amendments as at  \n1 March 2019\n\nAn Act to consolidate the Law relating to Seamen.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title, commencement and division\n\nThis Act may be cited as the **Seamen's Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette, and is divided into parts as follows:\n\nPart I—Water Police ss 3 and 4;\n\nPart II—Foreign Seamen ss 5–14.\n\n\t2 Repeal and savings\n\n(1) The Act mentioned in the Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided—\n\n(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under that Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if that Act had not been so repealed;\n\n(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any order notification assent information complaint warrant service proceeding liability or right made effected issued granted given fixed accrued incurred or acquired or existing or continuing by or under the repealed Act before the commencement of this Act.\n\nPart I—Water police\n\nNo. 3766 s. 3.\n\nS. 3 amended by No. 32/2014 s. 58.\n\n\t3 Vessels may be boarded and searched\n\nAny superintendent or officer of water police or any member of the police force may, with such assistance as may be required, enter on board and search any vessel entering or being within any port or harbor of Victoria, when and so often as he has reasonable ground for believing such search to be necessary in the execution of his duty.\n\nNo. 3766 s. 4.\n\nS. 4  \namended by Nos 7315 s. 5(4), 9945 s. 3(3)(Sch. 2 item 32).\n\n\t4 Penalty for wilfully obstructing or resisting persons in search of seamen\n\nEvery master of any vessel and every other person who resists or wilfully obstructs any superintendent or officer of water police justice water-policeman member of the police force or any of their respective assistants whilst searching for or endeavouring to secure any seaman or other person on board or reasonably suspected to be on board such vessel or in any house or place on shore, or rescues or attempts to rescue or assists any such seaman or other person, shall for every such offence be liable to a penalty of not more than $40 for the first offence, and of not less than $20 nor more than $100 for a second or subsequent offence; and in case of non-payment thereof to imprisonment for a term of not more than six months unless such penalty and all costs are sooner paid; and all penalties under this section shall be paid to and form part of the \"Police Superannuation Fund\".\n\nPart II—Foreign seamen\n\nNo. 3766 s. 5.\n\n\t5 Definitions\n\nIn this Part—\n\n***consul*** includes consul vice-consul or other consular officer or agent;\n\n***foreign vessels*** includes all vessels not belonging to any British possession;\n\n***seaman*** includes every person (except masters pilots and apprentices) employed or engaged in any capacity on board any vessel;\n\n***vessel*** means any navigable ship or boat of whatever construction and whether moved by wind steam or any other power.\n\nSs 6–8 repealed by No. 8242 s. 2.\n\n* * * * *\n\nNo. 3766 s. 9.\n\nS. 9  \namended by Nos 57/1989 s. 3(Sch. item 174.1(a)(b)), 6/2018 s. 68(Sch. 2 item 112).\n\n\t9 Vessels or places may be searched\n\nA magistrate, on the evidence on oath or by affirmation or by affidavit of the master or other person having charge of any foreign vessel that he has good cause for suspecting that any runaway seaman of such vessel is harbored secreted or concealed on board any vessel or in any house or place whatsoever, may issue a warrant to search such vessel or such house or place and to apprehend such seaman; and every such seaman shall upon his apprehension be brought with all convenient speed before a bail justice or the Magistrates' Court to be dealt with according to law.\n\nNo. 3766 s. 10.\n\nS. 10 amended by No. 8242 s. 3(a)(b).\n\n\t10 Warrants not to be issued and offences not to be prosecuted except in certain cases\n\nNo such warrant as hereinbefore mentioned shall be issued, except at the instance or with the express assent in writing of the consul of the nation or state to which such vessel as aforesaid belongs, unless it has been three several times notified in the Government Gazette under the authority of the Governor in Council that the Government of such nation or state has by its proper officer signified its desire that this Part may be enforced in all cases against the crews of vessels belonging to such nation or state.\n\nNo. 3766 s. 11.\n\nS. 11 amended by Nos 7315 s. 5(4), 9945 s. 3(3)(Sch. 2 item 32).\n\n\t11 Penalties on persons harboring deserters\n\nEvery person who knowingly harbors conceals employs or retains or assists in harboring concealing employing or retaining any seaman belonging to any foreign vessel who has deserted therefrom or otherwise absconded or absented himself from duty, or knowingly causes induces or persuades any such seaman by words or by any other means whatsoever to violate any agreement which he has entered into to serve on board any such vessel as aforesaid, or knowingly assists in the desertion absconding or absence from duty of any such seaman shall be liable to a penalty of not more than $40 for the first offence and of not less than $20 nor more than $100 for a second or subsequent offence and in default of payment forthwith or within the time appointed to imprisonment for a term of not more than six months.\n\nNo. 3766 s. 12.\n\nS. 12 amended by No. 57/1989 s. 3(Sch. item 174.2).\n\n\t12 Attesting witness need not be called\n\nIn any proceeding under this Part it shall not be necessary, for the purpose of proving the list roll articles or agreement under or by which any such seaman has shipped joined or engaged to serve on board any such vessel, to call any subscribing or attesting witness thereto; but such list roll articles or agreement as aforesaid may be proved as if there were no such subscribing or attesting witness, and a copy of any such list roll article or agreement as aforesaid certified under the hand of the consul of the nation or state to which such vessel belongs to be a true copy shall be received as prima facie  evidence of the existence and contents thereof; and the certificate of the consul of any nation or state in which such list roll articles or agreement has been made as to the true spirit effect and meaning thereof according to the law of such nation or state shall be received as prima facie  evidence of the effect of such list roll articles or agreement in all matters not inconsistent with the language thereof respectively; and in any proceeding under this Part the Magistrates' Court may in its discretion receive proof of matters as evidence although not admissible according to the strict rules of law.\n\nNo. 3766 s. 13.\n\n\t13 Expenses by whom payable\n\nAll expenses incidental to the apprehension confinement and removal of any seaman under and by virtue of the powers and authority conferred by this Part shall be paid by the consul master mate or other person at whose instance such seaman has been apprehended proceeded against or removed.\n\nNo. 3766 s. 14.\n\n\t14 Service of proceedings\n\nThe service of any summons or other matter in any legal proceedings under this Part shall be good service, if made personally on the person to be served, or if made by leaving such summons for him on board any vessel to which he belongs with the person being or appearing to be in command or charge of such vessel.\n\nSection 2.\n\nSchedule\n\n| *Number   of Act* | *Title of Act* | *Extent of Repeal* |\n| --- | --- | --- |\n| 3766 | **Seamen's Act 1928** | The whole |\n\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Seamen's Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Seamen's Act 1958** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Decimal Currency Act 1965, No. 7315/1965**\n\n| Assent Date: | 30.11.65 |\n| --- | --- |\n| Commencement Date: | 30.11.65—but \"appointed day\" was 14.2.66 |\n| Current State: | All of Act in operation |\n\n\n**Seamen's (Amendment) Act 1972, No. 8242/1972**\n\n| Assent Date: | 28.3.72 |\n| --- | --- |\n| Commencement Date: | 28.3.72 |\n| Current State: | All of Act in operation |\n\n\n**Penalties and Sentences (Amendment) Act 1983, No. 9945/1983**\n\n| Assent Date: | 20.9.83 |\n| --- | --- |\n| Commencement Date: | S. 2 on 1.9.81: s. 1(4); rest of Act (*except* s. 8) on 20.12.83: Government Gazette 14.12.83 p. 4035; s. 8 was never proclaimed and was repealed by No. 10096 s. 4(4) |\n| Current State: | All of Act in operation |\n\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| --- | --- |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2215 |\n| Current State: | All of Act in operation |\n\n\n**Honorary Justices Act 2014, No. 32/2014**\n\n| *Assent Date:* | 13.5.14 |\n| --- | --- |\n| *Commencement Date:* | S. 58 on 1.9.14: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Seamen's Act 1958** |\n\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| --- | --- |\n| Commencement Date: | S. 68(Sch. 2 item 112) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Seamen's Act 1958** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act is a consolidation of the earlier Seamen's Act 1928 (Schedule) and maintains its core subject‑matter: police powers over vessels and procedures for foreign seamen. Amendments listed in the Table of Amendments adjust penalties, procedural and evidentiary matters and statutory references but do not expand the Act's fundamental scope as a regulatory scheme for seamen and vessel searches."},"complexity_factors":["Operational discretion for police to board and search vessels (s 3) creates fact‑specific enforcement choices and implementation risk.","Conditional judicial powers tied to consular assent or Government notice (s 10) produce a two‑track jurisdictional rule and potential diplomatic coordination costs.","Relaxed evidentiary rules and acceptance of consul‑certified copies as prima facie evidence (s 12) depart from ordinary proof standards, affecting litigation strategy and burdens of proof.","Penalty design and fund allocation: small fixed fines with escalation and payment to the Police Superannuation Fund (s 4, s 11) create narrow fiscal flows and potential limited deterrence.","Cost‑shifting for apprehension, confinement and removal to consul/master/mate or initiating party (s 13) imposes direct compliance costs on private actors.","Short text but multiple amendments over time (Table of Amendments / endnotes) require checking current interstitial changes when applying provisions."],"plain_english_summary":"This Act consolidates rules for policing vessels and for handling foreign seamen in Victorian ports. It gives police power to board and search vessels, sets offences and modest penalties for obstructing searches or harbouring deserters, and establishes procedures for magistrates and consuls to authorise searches and removals. The law assigns penalties to the Police Superannuation Fund and makes the consul or ship officers responsible for removal expenses, so private parties rather than the State typically bear operational costs."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Impossible to properly assess scope change from the content provided, as the document contains only administrative metadata and no substantive legislative text. The Act appears to remain as originally made (1958), with a consolidated version reflecting updates, but no scope changes can be identified without access to the actual provisions."},"complexity_factors":["Insufficient legislative content provided to assess true complexity — only metadata and version history labels were included","Historical maritime law can involve complex interplay between state and federal jurisdiction","Consolidated versions may incorporate multiple layers of amendments over decades, adding complexity","Subject matter (seamen's employment law) can involve specialised maritime legal concepts"],"plain_english_summary":"The Seamen's Act 1958 (Vic) is a still‑in‑force state law concerning the employment and working conditions of seamen, though the provided document contains only metadata and version history rather than full provisions. Its subject matter historically covers contracts, pay, hours, safety and dispute resolution for maritime workers, but much of the field is now governed by Commonwealth law, so the Act’s practical relevance in Victoria today may be limited. It primarily affects seafarers, ship operators and vessel owners."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains true to its original 1958 consolidation purpose. It was always intended to combine water police powers with foreign seaman desertion provisions. While sections 6-8 were repealed in 1972 (removing some specific foreign seaman provisions), the core scope has not expanded beyond maritime policing and foreign crew apprehension. The amendments have been technical updates (currency changes, court name changes, oaths and affirmations) rather than substantive expansions of scope."},"complexity_factors":["Short statute with only 14 sections (3 of which were repealed)","Only 4 defined terms in the interpretation section (consul, foreign vessels, seaman, vessel)","Minimal cross-referencing - mostly internal references to its own sections","Straightforward conditional logic (e.g., 'if consul consents' or 'if notified in Gazette')","Simple two-part structure (Water Police and Foreign Seamen)","No nested exceptions or complex definitional chains","Penalty provisions are clear and fixed (though outdated in amount)","Evidence rules in section 12 are the most complex part but still relatively straightforward"],"plain_english_summary":"This is a Victorian law from 1958 that deals with two main things: police powers over ships in Victorian waters, and the apprehension of foreign sailors who desert their ships.\n\n**What it does:**\n\n**Part I - Water Police:**\n- Allows police and water police officers to board and search any vessel in Victorian ports or harbours if they have reasonable grounds to believe it's necessary for their duties.\n- Makes it an offence to obstruct or resist these searches, or to rescue someone being arrested during a search. Penalties range from fines up to $100 (with higher penalties for repeat offences) to up to six months imprisonment for non-payment.\n\n**Part II - Foreign Seamen:**\n- Deals with \"runaway\" or deserting sailors from foreign vessels (ships not belonging to British territories).\n- Allows magistrates to issue warrants to search vessels or buildings for deserters, but only if the foreign consul agrees or if that country's government has previously agreed to enforce these rules.\n- Makes it illegal to harbour, hide, employ, or help a deserter from a foreign ship. Same penalty structure as Part I applies.\n- Includes special evidence rules: ship's articles (employment contracts) can be proved without calling witnesses, and certified copies from consuls are accepted as evidence.\n- Makes the ship's master or consul pay for the costs of catching and returning deserters.\n\n**Who it affects:**\n- Ship masters and owners in Victorian waters\n- Police and water police officers\n- Foreign sailors and those who employ or assist them\n- Foreign consuls in Victoria\n\n**Why it matters:**\nThis is largely a historical relic. It reflects 19th and early 20th century maritime practices where deserting sailors were treated almost like escaped prisoners, and foreign ships relied on local police to enforce discipline. Many provisions (like the specific fines of $40-$100) are outdated, and the enforcement mechanisms involving foreign consuls reflect a very different era of international maritime relations. The Act has been amended several times but retains its original 1958 structure."}},"importantCases":[],"_links":{"self":"/api/acts/seamen-s-act-1958","history":"/api/acts/seamen-s-act-1958/history","analysis":"/api/acts/seamen-s-act-1958/analysis","conflicts":"/api/acts/seamen-s-act-1958/conflicts","importantCases":"/api/acts/seamen-s-act-1958/important-cases","documents":"/api/acts/seamen-s-act-1958/documents"}}