Commonwealth Numbered Acts

NAVIGATION AMENDMENT ACT 1980 No. 87, 1980 - SECT 32

32. Section 62A of the Principal Act is amended-

(a) by inserting in sub-section (1) "serving under articles of agreement"
after "seaman" (first occurring);

(b) by inserting in sub-section (3) "under the agreement" after "entered on
board the ship";

   (c)  by inserting after sub-section (4) the following sub-sections:



"(4A) The employer of a seaman serving under a contract of sea service, or a
person acting on his behalf, shall not terminate the contract of sea service
at a time when the seaman is outside Australia unless a proper authority at a
port has approved the termination of the contract of sea service and indorsed
the contract of sea service to that effect.



"(4B) A proper authority at a port may withhold his approval to the
termination of a contract of sea service with a seaman if he is of the
opinion-

   (a)  that the termination of the contract of sea service would be in breach
        of the contract of sea service or contrary to a provision of this Act
        or to the law of a country other than Australia; or

   (b)  that the termination of the contract of sea service would be unjust.";

(d) by inserting in sub-section (6) "serving under articles of agreement"
after "seaman" (first occurring);

(e) by inserting in sub-section (6) "at the port" after "a proper authority";

   (f)  by inserting in sub-section (6) ", in accordance with the prescribed
form or in a form approved by the Minister by instrument in writing," after
"discharge"; and

   (g)  by adding at the end thereof the following sub-section:



"(7) When a contract of sea service with a seaman is terminated or otherwise
ceases to be in force at a time when the seaman is outside Australia, the
employer shall sign and give to the seaman, or cause to be signed and given to
the seaman, through or in the presence of a proper authority at a port, a
discharge in accordance with the prescribed form or in a form approved by the
Minister by instrument in writing.".