1.1 In this Part, unless the contrary intention appears, the following definitions apply:
Authority means the Australian Maritime Safety Authority;
Convention means the Repatriation of Seafarers (Revised) Convention, 1987, adopted by the 74th (Maritime) Session of the International Labour Conference, the text of which is set out in Appendix 2;
repatriation means the conveyance of a seafarer to his or her proper return port, other than in the discharge of duties in accordance with the seafarer's agreement;
seafarer means a person serving on a ship to which Part II of the Navigation Act applies and includes a master, officer or seaman but does not include a pilot, a person who is not a member of the crew, a supernumerary, or special personnel as defined in section 283 of the Navigation Act; and
war zone means a zone agreed to be a war zone between the owner of the ship and the employee organisation representing the seafarer.
1.2 In this Part:
(a) headings and sub-headings are part of the Part;
(b) each Appendix is part of the Part;
(c) a note included in the text and printed in italics is not part of the Part.
2 Purpose
This Part:
(a) prescribes matters for the purposes of Divisions 8, 9, 10, 16, 17 and 21 of Part II of the Navigation Act;
(b) prescribes matters for the purposes of section 417 of the Navigation Act;
(c) prescribes matters for and relation to the issue of certificates as to the service at sea of seamen; and
(d) for the purposes of Division 19 of Part II of the Navigation Act, makes provision for and in relation to the relief and maintenance of distressed seamen.
3 Application
This Part applies to a ship to which Part II of the Navigation Act applies and the crew thereof.
4 Prescribed matters
4.1 Form of agreement
For the purposes of paragraph 46(2)(a) of the Navigation Act, the prescribed form is Form 1 in Appendix 1.
4.2 Minimum age
For the purposes of section 48A of the Navigation Act, the prescribed age is 16 years, except where only members of the same family are employed, or where the service is in a training ship approved by the Authority.
Note: The prescribed age set out above is the minimum age at which a person may be engaged to serve at sea. Performance of many duties on board a ship requires a person to be older. Marine Orders, Part 3 (Seagoing Qualifications) sets out these requirements.
4.3 Details of crew
4.3.1 For the purposes of subsection 52(1) of the Navigation Act, a proper authority is a prescribed person.
4.3.2 For the purposes of subsection 52(2) of the Navigation Act, the following details are prescribed:
(a) in respect of the crew of the ship—the full name and usual residential address of each seaman engaged to serve on the ship and the capacity in which each such seaman is engaged;
(b) in respect of changes in the crew of the ship—the date on which and the place at which any seaman was engaged to serve on the ship, or was discharged from the ship, because of any such change.
4.4 Certificate of discharge
For the purposes of paragraph 61(a) of the Navigation Act, the prescribed form is Form 2 in Appendix 1.
4.5 Wages
4.5.1 For the purposes of paragraph 70(3)(a) of the Navigation Act, the prescribed form is Form 3 in Appendix 1.
4.5.2 For the purposes of subsection 76(1) of the Navigation Act:
(a) the prescribed time is at least 2 hours before the seaman is to be discharged; and
(b) the prescribed form is Form 4 in Appendix 1.
4.5.3 For the purposes of paragraph 148C(1)(a) of the Navigation Act, the prescribed form is Form 5 in Appendix 1.
4.6 Deceased seamen
4.6.1 For the purposes of section 150 of the Navigation Act, the prescribed particulars with respect to the money and effects of a deceased seaman are:
(a) the amount of money; and
(b) the nature and condition of the effects.
4.6.2 For the purposes of subsection 156(3) of the Navigation Act, moneys to which subsection 156(1) applies may be invested by the Authority in any manner in which the moneys of the Authority may be invested under the Australian Maritime Safety Authority Act 1990.
5 Official log–book
5.1 Prescribed form
For the purposes of subsection 171(1) of the Navigation Act, the prescribed form is Form 6 in Appendix 1.
5.2 Entries in log-book
In addition to the entries required by the Navigation Act, and by the regulations and orders made under the Act, the Master must make, or have made, in the official log-book entries relating to the following matters:
(a) a conviction by a legal tribunal of a member of the crew, and the punishment imposed;
(b) a promotion, including the date of the promotion, the rating to which the seaman is promoted and any increase in wages consequent on that promotion;
(c) misconduct on the part of an officer;
(d) if a stowaway is discovered on board—the person's full name, age, birthplace, place of boarding, place put ashore, and any proceedings taken against the person and the result of those proceedings;
(e) the events specified in section 268 of the Navigation Act; and
(f) any matter required to be entered in the official log-book under an agreed code of conduct applying to the ship.
Note: The Master has a discretion to make entries in the official log-book about matters other than those required by the Navigation Act, regulations and orders.
5.3 Signatures to entries in log-book
5.3.1 An entry in the official log-book must be signed at the time of entry by the master and by an officer or another member of the crew.
5.3.2 If the ship carries a qualified medical practitioner as part of its crew, an entry in the official log-book relating to a death, injury or illness must also be signed at the time the entry is made by the medical practitioner.
5.3.3 An entry in the official log-book relating to the effects of a deceased seaman must be signed, at the time the entry is made, by a third person who must be a member of the crew other than an officer.
5.3.4 An entry in the official log-book relating to a birth must also be signed, as soon as practical after the entry is made, by the father or mother of the child and, if another person was present at the birth of the child, by that person.
5.4 Entries relating to births, deaths etc.
For the purposes of paragraph 417(1)(d) of the Navigation Act, the prescribed form is Form 7 in Appendix 1.
6 Certificates of service
6.1 Application
6.1.1 A person who has served at sea may apply to the Authority for the issue of a certificate of service.
6.1.2 An application for a certificate of service must be accompanied by the appropriate fee as determined under section 47 of the Australian Maritime Safety Authority Act 1990.
Note: A list of current fees may be obtained from any office of the Authority.
6.2 Issue
If the Authority receives an application in accordance with 6.1, it is to issue a certificate in accordance with Form 8 in Appendix 1.
7 Repatriation
7.1 Entitlement to repatriation
A seafarer is entitled to repatriation by appropriate and expeditious means:
(a) in circumstances provided for in the Navigation Act;
(b) in circumstances provided for in the award or other agreed conditions of service covering the seafarer's employment;
(c) in the event of the owner of the ship not being able to continue his or her legal or contractual obligations as an employer of the seafarer by reason of bankruptcy, sale of the ship, change of registration or any other similar reason; and
(d) in the event that the ship is bound for a war zone to which the seafarer does not consent to go.
Note: A seafarer who, having been informed that the ship is bound for a war zone, does not claim entitlement to repatriation at the earliest practical opportunity, will be considered as having consented to go.
7.2 Responsibility for repatriation
7.2.1 The responsibility for arranging and meeting the cost of repatriation lies with:
(a) in the case of circumstances in 7.1(a), the person on whom responsibility is placed by the Navigation Act;
(b) in the case of circumstances in 7.1(b), the person on whom responsibility is placed by the award or other agreed conditions of service;
(c) in the case of circumstances in 7.1(c), the owner of the ship at the time of the transfer or, if that person fails to arrange for repatriation, the owner of the ship at the time the repatriation takes place; and
(d) in the case of circumstances in 7.1(d), the owner of the ship.
7.2.2 In 7.2.1, the cost of repatriation includes the cost of maintenance during the period the seafarer is entitled to repatriation and, if specific provision for such maintenance is not made in the Navigation Act or the award or other agreed conditions of service, is to be no less than that provided for in the Convention.
7.2.3 If repatriation has taken place as a result of a seafarer being found to be in serious default of his or her employment obligations under the Navigation Act, the award or other agreed conditions of service covering the seafarer's employment, nothing in this Part affects any right of recovery from the seafarer of all or part of the costs of repatriation in accordance with the award or other agreed conditions of service.
7.2.4 A shipowner may not require a seafarer to make an advance payment towards the cost of repatriation at the beginning of his or her employment, nor may a shipowner recover the costs of repatriation from the seafarer's wages or other entitlements except as provided for in 7.2.3.
7.3 Distressed seamen
7.3.1 If a person:
(a) is a seafarer who is entitled under 7.1 to be repatriated but for whom repatriation has not been arranged within a reasonable time by the person responsible under 7.2; or
(b) is a seafarer, is not entitled under 7.1 to be repatriated, and is in distress at a place outside Australia by reason of having been discharged or left behind from, or having been shipwrecked in, a ship,
the person may apply to a proper authority to be repatriated.
7.3.2 An application under 7.3.1 must be in writing and contain the following information:
(a) full name;
(b) home address;
(c) nationality;
(d) details of any identity documents held;
(e) details of any certificates held;
(f) name and owner of last ship; and
(g) circumstances in which the seafarer became entitled to repatriation, or was discharged, left behind or shipwrecked.
7.3.3 If, after making such inquiries as are considered necessary to verify the bona fides of the application, the proper authority is of the opinion that the seafarer meets 7.3.1, the proper authority is to arrange repatriation.
7.3.4 The costs of repatriation of a seafarer under 7.3.3 are to be met initially by the Authority and are recoverable as a debt due to the Authority:
(a) in the case of a seafarer repatriated by virtue of 7.3.1(a), jointly and severally from:
(i) the owner of the ship from which the seafarer was discharged, left behind or shipwrecked;
(ii) the master of the ship from which the seafarer was discharged, left behind or shipwrecked; and
(iii) the person, whether principal or agent, who engaged the seafarer for service on the ship from which the seafarer was discharged, left behind or shipwrecked;
(b) in the case of a seafarer repatriated by virtue of 7.3.1(b), the seafarer.
7.3.5 A seafarer who is to be repatriated is entitled to obtain his or her passport and other identity documents for the purposes of repatriation.