Commonwealth Numbered Acts

NAVIGATION AMENDMENT ACT 1980 No. 87, 1980 - SECT 72

72. Section 209 of the Principal Act is repealed and the following section
substituted: Seaman may claim discharge from unseaworthy ship

"209. (1) Where a ship to which this section applies is unseaworthy, a seaman
or apprentice belonging to the ship does not commit a breach of his agreement,
contract of sea service or indentures of apprenticeship, as the case may be,
by reason of his refusal to sail in the ship while it is unseaworthy.



"(2) Where a ship to which this section applies is unseaworthy, any seaman
(being a seaman serving under articles of agreement) belonging to the ship
shall, if he so requests, be granted a discharge from the ship unless it is
made seaworthy within a reasonable time.



"(3) This section applies to-

   (a)  ships registered in Australia;

   (b)  ships (other than ships registered in Australia) engaged in the
        coasting trade; and

   (c)  ships (other than ships registered in Australia or engaged in the
        coasting trade) regularly employed in trading to and from ports in
        Australia and owned by a person, firm or company resident, or having
        his or its principal place of business, in Australia.".