15Foreign vessel registered in country where MLC not in force

15 Foreign vessel registered in country where MLC not in force

The owner of a foreign vessel that is registered in a country where the Maritime Labour Convention is not in force must demonstrate to AMSA’s satisfaction that every seafarer on board the vessel has:

(a) a safe and secure workplace that complies with the safety standards that apply to the vessel; and

(b) fair terms of employment; and

(c) decent working and living conditions on board the vessel; and

(d) health protection, medical care, welfare measures and other forms of social protection.

Note 1 Article IV of the Maritime Labour Convention provides that a country where the Convention is in force must ensure that these seafarers’ rights are implemented. Article V provides that the country must ensure that a vessel registered in a country where the Convention is not in force does not receive more favourable treatment than a vessel registered in a country where it is in force.

Note 2 AMSA may detain a vessel under section 248 of the Navigation Act if an AMSA inspector reasonably suspects that the vessel is unseaworthy or substandard. A vessel is seaworthy only if, among other things, the living and working conditions on board the vessel do not pose a threat to the health, safety or welfare of the vessel’s seafarers — see Navigation Act, s 23.