Download PDFHouse: Senate Portfolio: Industrial Relations
Purpose
To amend the Navigation Act 1912 and the Migration Act 1958 to ensure that Australia complies with certain International Labour Organisation conventions.
Background
In 1991 an Interdepartmental Task Force was established by the Government with the aim of reviewing 75 conventions to determine whether they are suitable for ratification by Australia. Generally, a convention is not ratified by Australia until law and practice in all Australian jurisdictions complies with the convention. The amendments proposed by this bill will ensure that the Migration Act 1958 and the Navigation Act 1912 conform with Convention No. 108, the Seafarers' Identity Documents, 1958 and No. 73, Medical Examination (Seafarers), 1946. As well, the amendments will assist progress towards achieving compliance with Convention No. 147, Merchant Shipping (Minimum Standards), 1976.
Main Provisions
Amendments of the Migration Act 1958
Clause 4 of the bill proposes to repeal sections 71, 72 and 73 of the Migration Act and substitute new sections. Clause 5 amends section 74. At present, the combined effect of section 71 and section 74 requires the master of a vessel entering Australia to retain the identity documents of all members of the vessel's crew. However, Convention No. 108, Seafarers' Identity Documents, 1958 requires that the identity documents remain in the seafarer's possession. Sections 72 and 73 relate to resources installations and sea installations respectively and when viewed in conjunction with the existing section 74 also require the person in charge of the installation to retain the identity documents of all persons on the installation. If the proposed amendments are enacted, an officer (defined in the Migration Act) will be empowered to require the master of the vessel (or the person in charge of the installation) to muster the crew. The officer will also be able to require each member of the crew to produce his or her identity documents. At present, section 74 requires the master of a vessel to hand over to an officer the identity documents of a person who arrived with a vessel, but is absent at the time of departure. The amendments to section 74 simply require that the master provide a written report about the absentee - that is, the person's identity documents are not required to be given to the officer.
Section 75, which enables the Minister to exempt the master of a vessel from the provisions of section 71, 72 or 73 will be repealed by clause 6. Amendments of the Navigation Act 1912 The amendments proposed to the Navigation Act are very minor. Clause 9 will repeal section 117 and 118, and substitute new sections 117 and 117A. Currently, section 117 requires the master of a ship to give to the crew of the vessel provisions in accordance with a prescribed scale. The proposed new section 117 requires that the master of a ship should not undertake a voyage unless food and water of a suitable quality and in adequate quantity is carried. Proposed new section 117A will require that the owner of a ship must not allow the ship to undertake a voyage unless there are adequate catering facilities to enable proper meals to be served to the crew. Section 118, provides for the payment of compensation to seafarers if bad provisions are supplied to them, will be repealed by the bill.
Clause 10 proposes to amend the Navigation Act by inserting a new section 134 into the Act. The new section will authorise the making of regulations in order to give effect to the Medical Examination (Seafarers) Convention 1946.
Bills Digest Service 7 December 1992 Parliamentary Research Service
This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
Commonwealth of Australia 1992.
Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.
Published by the Department of the Parliamentary Library, 1992.