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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Navigation
Amendment (Employment of Seafarers) Bill
1998
No. ,
1998
((Transport and Regional
Services)
A Bill for an Act to amend the
Navigation Act 1912, and for related purposes
ISBN: 0642
387524
Contents
Navigation Act
1912 3
Occupational Health and Safety (Maritime Industry) Act
1993 9
A Bill for an Act to amend the Navigation Act
1912, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Navigation Amendment (Employment of
Seafarers) Act 1998.
This Act commences 28 days after the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 6(1) (definition of
agreement)
Repeal the definition, substitute:
agreement has the meaning given by subsection (8).
2 Subsection 6(1) (definition of articles of
agreement)
Repeal the definition.
3 Subsection 6(1) (definition of the Marine
Council)
Repeal the definition.
4 Subsections 6(4A), (4B) and
(4C)
Repeal the subsections.
5 At the end of section 6
Add:
(8) An agreement is any agreement:
(a) to which an employer of a master or a seaman is a party; and
(b) to which the master or the seaman is a party; and
(c) which deals with terms and conditions of the master’s or the
seaman’s employment.
The agreement may be between 2 persons, or more than 2 persons.
Note: For example, an agreement may be between an employer
and one other person, or between an employer and the entire crew of a
ship.
6 Section 6B
Repeal the section.
7 Section 6E
Repeal the section, substitute:
For the purposes of this Act, the proper return port of a master or a
seaman who has been employed on a ship is:
(a) the port agreed upon between the owner of the ship and the master or
seaman concerned; or
(b) in the absence of agreement—the port at which the master or
seaman concerned shipped.
8 Section 17
Repeal the section.
9 Division 4 of Part II
Repeal the Division.
10 Division 7 of Part II
Repeal the Division.
11 Division 8 of Part II
(heading)
Repeal the heading, substitute:
12 Section 46
Repeal the section, substitute:
The owner of a ship must not permit the ship to be taken to sea unless
there is an agreement in force in relation to the master and each seaman on the
ship.
Penalty: 20 penalty units.
13 Sections 47 and 48
Repeal the sections.
14 Section 50
Repeal the section.
15 Section 52
Omit “, and such details of changes in,”.
16 Sections 53, 54, 55, 56 and
57
Repeal the sections.
17 Division 9 of Part II
Repeal the Division.
18 Sections 70, 71, 72, 73, 75, 75A, 76, 77, 78,
81 and 82
Repeal the sections.
19 Section 84
Repeal the section.
20 Subsection 85(1)
Omit “belonging to a ship is terminated, before the time contemplated
in the seaman’s agreement,”, substitute “on a ship is
terminated”.
21 Section 88
Repeal the section.
22 Section 93
Repeal the section.
23 Subsection 104(2)
Omit “, and had signed the agreement”.
24 Section 132
Repeal the section.
25 Paragraph 132A(1)(a)
Omit “or section 132”.
26 Section 132B
Repeal the section.
27 Section 138
Repeal the section.
28 Paragraph 145(1)(a)
Omit “, before the seamen lawfully leave the ship at the end of their
engagement, or are discharged (whichever last happens)”.
29 Sections 148C and 148D
Repeal the sections.
30 Subsection 151(2)
Omit “, and, if the ship’s agreement will terminate at a time
when the ship is outside Australia, shall,”.
31 Subsection 154(3)
Omit “or the certificate of a proper authority stating that certain
seamen were shipped in the ship from a port outside Australia,”.
32 Subsection 161(2)
Repeal the subsection.
33 Subsection 163(1) (definition of
distressed seaman)
Omit “discharged or”.
34 Paragraph 167(1)(a)
Repeal the paragraph.
Note: The heading to section 167 is altered by omitting
“Agreement” and substituting “Official log
book”.
35 Subsections 167(2) and
(3)
Repeal the subsections, substitute:
(2) The superintendent must return the official log book to the master
within a reasonable time before the ship’s departure.
36 Subsection 171(5)
Omit “more than 24 hours after the arrival of a ship at its final
port of discharge”, substitute “after the end of the prescribed
period”.
37 Section 172A
Repeal the section.
38 Subsection 173(1)
Omit “on the termination of the articles of agreement of the
ship”, substitute “at the time and in the manner
prescribed”.
39 Subsections 184(1) and
(2)
Omit “articles of”.
40 Section 209
Omit all the words from and including “while it is
unseaworthy”, substitute “while it is unseaworthy or
substandard”.
Note: The heading to section 209 is altered by omitting
“claim discharge from” and substituting “refuse to
sail on”.
41 Section 251
Omit “, and any seaman who so declines, shall, if he or she so
requests, be granted a discharge from the ship”.
42 Subsection 288(3)
Omit all the words from and including “following conditions”,
substitute “condition that the seamen employed on the ship are paid wages
in accordance with this Part”.
43 Subsection 288(4)
Omit “a condition referred to in paragraph (3)(a)”, substitute
“the condition referred to in subsection (3)”.
44 Subsection 288(5)
Omit “conditions”, substitute
“condition”.
45 Subsection 288(6)
Omit “any of the above conditions”, substitute “the
condition referred to in subsection (3)”.
46 Subsection 290(1)
Omit “under section 46 between the master and those seamen”,
substitute “within the meaning of section 6”.
47 Paragraphs 377C(d), (e), (f) and
(g)
Repeal the paragraphs.
48 Section 424
Repeal the section.
Occupational
Health and Safety (Maritime Industry) Act 1993
1 Section 4 (definition of articles of
agreement)
Repeal the definition.
2 Section 4 (definition of
employee)
Repeal the definition, substitute:
employee means a person employed by an operator on a
prescribed ship or prescribed unit.