148CWages and effects of seaman left behind

#### 148C Wages and effects of seaman left behind (1) Subject to subsection (1A), if a seaman (other than a seaman discharged in accordance with this Act) is left on shore at any port, including a port outside Australia, from a ship, the master of the ship shall: (a) prepare, in the prescribed form, a full and true account of the wages of the seaman, and enter in the official log‑book of the ship a statement of the wages due to the seaman; (b) take into his or her charge any effects of the seaman left on the ship and enter in the official log‑book of the ship particulars of those effects; (c) deliver the account prepared under paragraph (a) and any effects of the seaman which the master has taken into his or her charge under paragraph (b): (i) to the seaman; or (ii) if it is not practicable so to deliver the account and effects to the seaman—to a proper authority; and (d) pay the amount of the wages due to the seaman: (i) to the seaman; or (ii) if it is not practicable so to pay the wages to the seaman or if a proper authority certifies in writing that he or she is of the opinion that the seaman deserted from the ship—to a proper authority. (1A) Subsection (1) does not apply in relation to a seaman serving under articles of agreement where the seaman is left on shore at a port in accordance with the terms of the articles of agreement. (2) Where the master of a ship delivers an account or effects, or pays the amount of any wages, to a proper authority under subsection (1), the master shall make an entry to that effect in the official log‑book of the ship stating the reason why the account or effects were not delivered, or the amount of wages were not paid, to the seaman. (3) A proper authority to whom an account or effects are delivered, or an amount is paid, under subsection (1) shall transmit that account, those effects or that amount, as the case may be, to the Authority. (4) Upon: (a) the delivery by the master of a ship to a proper authority under this section of the effects of a seaman; or (b) the payment by the master of a ship to a proper authority under this section of an amount of wages of a seaman; the owner, agent and master of the ship are each discharged from further liability in respect of the effects so delivered or the amount so paid, as the case may be. (5) If the master of a ship contravenes or fails to comply with a provision of this section, the owner of the ship and the master are each guilty of an offence punishable on conviction by a fine not exceeding $1,000. (6) An offence under subsection (5) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.