Commonwealth Numbered Acts

NAVIGATION AMENDMENT ACT 1980 No. 87, 1980 - SECT 75

75. Section 251 of the Principal Act is repealed and the following section
substituted: Right to decline to go to sea in ship carrying dangerous goods

"251. (1) Subject to sub-section (3), a seaman or apprentice belonging to a
ship to which this section applies may decline to go to sea in the ship if it
is carrying dangerous goods.



"(2) Subject to sub-section (3), where a ship to which this section applies is
carrying dangerous goods, 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.



"(3) This section does not apply where the carriage of the relevant dangerous
goods is in accordance with this Act or the seaman's agreement or contract of
sea service, as the case may be, or with the apprentice's indentures of
apprenticeship.



"(4) 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.".