42Seafarers under 18 years

42 Seafarers under 18 years

(1) A person must not employ or engage to work on a vessel a person under 16 years.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

(4) A person must not employ or engage to work on a vessel a person under 18 years if:

(a) the person’s health or safety is likely to be jeopardised; or

(b) the person is required to work between 9pm and 6am if the work is not reasonably required for the training of the person as a seafarer in accordance with an approved program.

(5) Subject to any instrument under the Fair Work Act 2009 or any collective agreement that applies on the vessel, the owner of a vessel must ensure that the working conditions mentioned in Schedule 1 for a person under 18 years are met.