35Repatriation by AMSA

35 Repatriation by AMSA

(1) AMSA must repatriate a seafarer of a regulated Australian vessel as soon as practical if:

(a) the seafarer has been abandoned or is entitled to repatriation; and

(b) the owner of the vessel has not made arrangements for, or paid the costs of, repatriation of the seafarer.

(2) AMSA may repatriate a seafarer of a foreign vessel if:

(a) arrangements to repatriate the seafarer have not been made by the owner of the vessel or the country in which the vessel is registered; and

(b) either:

(i) the seafarer is an Australian national; or

(ii) the seafarer is in Australia.

(3) AMSA may repatriate the body or ashes of a seafarer taking into account the wishes of the next of kin.

(4) AMSA may recover its costs of repatriating a seafarer under subsection (1) or (3) from the owner of the vessel.

(5) AMSA may recover its costs of repatriating a seafarer under paragraph (2)(b)(ii) from the vessel’s competent authority.