16Registration as seafarer recruitment and placement service

16 Registration as seafarer recruitment and placement service

(1) A seafarer recruitment and placement service may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, to AMSA for registration.

Note An applicant must be based in Australia.

(2) AMSA may register the seafarer recruitment and placement service.

(3) In deciding whether to register a seafarer recruitment and placement service, AMSA may consider the following matters:

(a) whether the person has been convicted of an offence against, or ordered to pay a civil penalty under, the Navigation Act;

(b) the requirements for seafarer recruitment and placement services mentioned in MLC regulation 1.4;

(c) any other matters that AMSA considers relevant.

Note for paragraph (b) MLC regulation 1.4 permits the regulation of services operating or based in Australia.

Note for paragraph (c) An example of a matter that AMSA may consider relevant is when the applicant has been investigated by a seafarers’ representative organisation or determined by any competent authority to have underpaid seafarers.

(4) A seafarer recruitment and placement service must not provide the service of recruiting seafarers for vessel owners or placing seafarers with vessels if it is not registered under subsection (2).

(5) An offence against subsection (4) is a strict liability offence.

(6) A person is liable to a civil penalty if the person contravenes subsection (4).