Commonwealth Numbered Acts

NAVIGATION AMENDMENT ACT 1980 No. 87, 1980 - SECT 18

18. After section 47 of the Principal Act the following section is inserted:
Off-shore industry vessels and mobile units-contracts of sea service

"47A. (1) This section applies in relation to off-shore industry vessels and
off-shore industry mobile units.



"(2) The owner of a ship or ships to which this section applies may, subject
to this section, enter into a contract of sea service with a person with
respect
to the employment of that person as the master of, or as a seaman on, that
ship or some or all of those ships, as the case requires.



"(3) Subject to sub-section (7), a contract of sea service shall not be
entered into except with the approval of a proper authority at a port.



"(4) Subject to sub-section (7), a contract of sea service-

   (a)  shall be in accordance with the prescribed form or in such form as is
        approved by the Minister by instrument in writing, shall provide for
        such terms of employment as are prescribed and may contain such other
        terms of employment as are approved by the Minister by instrument in
        writing;

   (b)  shall be prepared in triplicate;

   (c)  shall be signed by or on behalf of the owner in the presence of
        a proper authority at a port;

   (d)  shall, after having been read over and explained by the proper
        authority, be signed by the other party to the contract in the
        presence of the proper authority; and

   (e)  shall be attested by the proper authority.



"(5) A proper authority who attests a contract of sea service shall deal with
each part of the contract in the prescribed manner.



"(6) Sub-sections 46 (1) and 48 (1) do not apply in relation to a ship to
which this section applies if there is in force between the owner of the ship
and each seaman who is a member of the crew of the ship a contract of sea
service.



"(7) If, for the purpose of enabling a ship to which this section applies to
be taken to sea from a port in Australia, it is necessary, for any unforeseen
cause, to engage a seaman to serve on the ship as a substitute in the place of
a seaman who entered into a contract of sea service with the owner of the ship
but it is not practicable, before the ship is taken to sea, to obtain the
approval of a superintendent at the port to a contract of sea service being
entered into with the substitute, then the owner of the ship, or the master of
the ship acting on behalf of the owner, may enter into a contract of sea
service with the substitute under sub-section (2) notwithstanding that that
approval has not been obtained, and, where a contract of sea service is so
entered into, it shall be sufficient compliance with paragraphs (4) (c), (d)
and (e) if the contract of sea service is signed in the presence of, and
attested by, a person other than a superintendent at the port, but the master
of the ship shall, as soon as is practicable, report the transaction, in the
prescribed form or in a form approved by the Minister by instrument in
writing, to a proper authority at a port.



"(8) The owner of a ship to which this section applies shall, at such times as
are prescribed and in accordance with the prescribed form or in a form
approved by the Minister by instrument in writing, furnish to a superintendent
at a port such details of, and such details of changes in, the crew of the
ship as are required by the form to be furnished.".