Download PDFParliamentary Paper No. 316/1976
The Parliament of the Commonwealth of Australia
INTERNATIONAL MARITIME CONVENTIONS
Commission of Inquiry into the Maritime Industry
Report
June 1976
Presented by Command 2 November 1976 Ordered to be printed 18 November 1976
The Aoting Commonwealth Government Printer
Canberra 1977
Printed by Authority by the Acting Commonwealth Government Printer
MARITIME INDUSTRY COMMISSION OF INQUIRY
Office of the Commissioner
You r Excellency,
PO Box547 Canberra City. A C T 2601
Teleph one 47 4611
June 1976
I have the hon our t o present my sixth Report in
accordance wi th Le tters Patent dat e d 2 5 Sep tember 1973. Thi s Report deals with International Maritime Conventions.
Hi s Excellency, The Honourable Sir John Ke rr, A.K., G.C.M.G., K.St.J., Q.C., Governor-General,
Go vernment House, CANBERRA.
' . '
(M.M. Summers} Co mmissione r
INTERNATIONAL MARITIME CONVeNTIONS
PART I
PART I
REPORT ON INTERNATIO NAL MARITIME CONVENTIONS
CONTENTS
PART I
RECOMMENDATIONS
(Contents of Part II a re shown at the
beginning of that Part.)
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REPORT OF THE COMMISSION OF INQUIRY
INTO THE MARITIME INDUSTRY
ON
"The significance of international
treaties, conventions, and agreements for the industry, and the need for
Australian initiatives in relation
thereto". (Item No . 3 in Terms of Reference) .
This report relates to those international instruments which are considered by the Commission to relate directly to the development of the Australian maritime industry.
2 . Part II of the report contains a summary of the
contents of the various instruments and comments on the Australian position relating to those which Australia has not accepted.
3. The report does not deal with the United Nations
Convention on a Code of Conduct for Liner Conferences , Should that Convention gain general international acceptance, it could affect the development of the Australian maritime industry in overseas trades a great deal. The Commission understands however that the Convention is not yet widely supported
internationally, that many of its provisions are under discussion in many maritime countries, and that the ideas, as well as the provisions, may change . It seems premature for this Commission to comment.
4. Australia's performance and international standing in
relation to international conventions has been good. Australia has made good contributions to the work of IMCO, as a member of the IMCO Council from 1958 to 1974 . Australian delegations to many IMCO and ILO conferences and studies have done useful work in developing international thinking along practical and
reasonable lines.
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5. Australia's own practices and requirements are well up
to world standards of both saf ety and welfare. Measured in terms of the number of conventions accepted and implemented, Australia's record stands comparison with that of many other convention countries.
6. The Commission finds the system wh e reby Australia works
towards acceptance of international conventions to be a sound system not requiring basic changes. Representatives who attend confe renc es are informed of industry views the conferences,
and there are well worked out consultative procedures to esta b lish Australian positions. 7 . There are, how ever, some aspects in which Australia
seems a bit slow. These may be only problems of mechanics, but the overall impression is that Australia could move more quickly than it does in implementing acceptance, or rejection, of a convention.
8. For example, the ILO requires that in countries with
a f ederal system all governments, i.e. state as we ll as federal, bring their laws into line with a Convention i f it i s
accepted by the federal government.
9. This need to bring all six States and Commonw ealth
into line creates a s low process, and more should be done to
reduce the pur e ly practical d e lays involved. But it i s said
to be a particular difficulty that certain s ections of the old British Me rchant Shipping Act, of 1 894, still act as a constraint on what the Au s tralia n States may change in their maritime l aw. This should b e s trai ghtened out. (The qu e stion i s dealt with
in the Commis s ion' s Report on Australian Maritime Legi s lation).
10. There is slowness in acceptance of some IMCO
Conventions also . These Conventions deal with complica ted and technical s ubjects. Nevertheless the Commiss ion f ee ls that Australian acc ep tanc e of the Conventions takes too long. One r eason for the delay has been said to be that Australia
has needed to wait until some Conventions are in fo rce inter nationally be fo re they can be a ccepted.
11. There is a great de a l of thinking going on at present
on ma tLers which affect this s ituation. The Commission under s tands tha t lega l ques tions of what the Commonwealth mi g ht be able to do are being s tudied as a result of the r ecent judgement
on the Se as and Submerged Lands Act 1973. Th e Commission is aware also tha t Commonwealth and State Ministers concerned with maritime safety have directed their officials to carry out f urther studies of the wa y in which laws s hould be passed for
sa f e t y control of various classes of ships .
12. The Co mmi ss ion s upports f urther work in these matters,
and h ope s that as one re sult of the work a system of speedier
accep tanc e of conventions will prove possibl e .
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RECOMMENDATIONS
1. Australia should b e r epresent e d at an appropriate
level at all conferences that are used to formulate international maritime conventions and at int e r national meetings which prepare the basic pap e r s f or those conferences.
2. Early action should be take n to break the
nexus between the maritime l eg i s lation of the Austral i an States and the Mercha nt Shipping Act 1894 (particularly Section 735) and so remove one del a ying factor in Australia's acc e pt a nc e
o f convention s .
3. The scope o f the Commonwe al th Government for
early acceptance of international maritime conven tions should be clarified. (The Commi s sion hop es that consideration of the r ecent judge ment of the High Court on the Seas and Subm e r ge d Lands Ac t will
make this mo r e e as ily achieved).
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INTERNATIONAL MARITIME CONVENTIONS
PART II
PART II
CONTENTS
EXPLANATORY NOTES
SCOPE OF CONTENTS
GLOSSARY AND ABBREVIATIONS
BACKGROUND
INTER-GOVERNMENTAL CONSULTATIVE ORGANISATION
INTERNATIONAL LABOUR ORGANISATION
AUSTRALIAN REPRESENTATION AT INTERNATIONAL MARITIME CONFERENCES
ACCESSION TO INTERNATIONAL SHIPPING CONVENTIONS BY AUSTRALIA
AGREEMENTS
THE BRITISH COMMONWEALTH t1ERCHANT SHIPPING AGREEMENT
AGREEMENTS CONCERNING SHIP'S TONNAGE
AGREEMENTS CONCERNING DESERTERS FROM SHIPS
AGREEMENTS CONCERNING DISTRESSED SEAMEN
IMCO CONVENTIONS
IN FORCE: RATIFIED BY AUSTRALIA
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL 1954 ·
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA 1960.
INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA 1960 .
INTERNATIONAL CONVENTION ON LOAD LINES 1966.
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IMCO CONVENTIONS
IN FORCE: NOT RATIFIED BY AUSTRALIA 23
THE CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC 1965 (FAL 1965). 25
THE INTERNATIONAL CONVENTION RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF OIL POLLUTION CASUALTIES 1969 (INTERVENTION 1969). 25
INTERNATIONAL CONVENTION ON CIVIL LI AB ILITY FOR OIL POLLUTION DAMAGE 1969 (CLC 1969). 26
SPECIAL TRADE PASSENGER SHIPS AGREEMENT 1971 (STP 1971) AND THE PROTOCOL ON SPACE REQUIREME NTS FOR SPECIAL TRADE PASSENGER SHIPS 1973 (SPACE STP 19 73) . 26
CONVENTION RELATING TO CIVIL LIABILITY IN THE FIELD OF MARITIME CARRIAGE OF NUCLEAR MATERIAL 1971. 27
IMCO CONVENTIONS
NOT IN FORCE: NOT RATIFIED BY AUSTRALIA 29
INTERNATIONAL CONVE NTION FOR THE SAFETY OF LIFE AT SEA 1960. SEVEN AMENDMENTS 1966-1973. 31
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA 1974 (SOLAS 74). 31
TH E CONVENTION ON THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA 1972 (COLREG 72). 32
THE INTERNATIONAL CONVENTION FOR THE PREVENTIO N OF POLLUTION OF THE SEA BY OIL 1954 AS AMENDED IN 1963 (OILPOL (AMENDED) 1954). THREE AMENDMENTS 1969-1971. 33
TH E INTERNATIONA L CONVENTION FO R THE PREVENTION OF POLLUTION FROM SHIPS 1973 (MARPOL 1973). 34
TH E INTERNATIONAL CONVENTION ON LOAD LINES 1966 (LL 1966) AMENDMENT 1971. 35
THE I NT ERNATIONAL CONVENTION ON THE TONNAGE MEASUREMENT OF SHIPS 1969 (TONNAGE 1969). 35
PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINE POLLUTION BY SUBSTANCES OTHER THA N OIL 1973. 36
INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE 1971 (FUND 1971).
THE INTERNATIONAL CONVENTION FOR SAFE CONTAINERS 1972 (CSC 1972).
PROTOCOL ON SPACE REQUIREMENTS FOR SPECIAL TRADE PASSENGER SHIPS 1973.
CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA 1974.
ILO CONVENTIONS
IN FORCE: ACCEPTED BY AUSTRALIA
MINIMUM AGE (SEA) CONVENTION 1920 (ILO NO. 7).
UNEMPLOYMENT INDEMNITY (SHIPWRECK) CONVENTION 1920 (ILO NO. 8).
PLACING OF SEAMEN CONVENTION 1920 (ILO NO. 9).
MINIMUM AGE (TRIMMERS AND STOKERS) CONVENTION 1921 (ILO NO . 15).
MEDICAL EXAMINATION OF YOUNG PERSONS (SEA) CONVENTION 1921 (ILO NO. 16).
SEAMEN'S ARTICLES OF AGREEMENT CONVENTION 1926 (I LO NO. 2 2) .
MARKING OF WEIGHT (PACKAGES TRANSPORTED BY VESSELS) CONVENTION 1929 (ILO NO. 27).
ABOLITION OF FORCED LABOUR CONVENTION 1957 ( ILO NO. 10 5) .
MINIMUM AGE (FISHERMEN) CONVENTIO N 1959 (ILO NO. 112).
DOCK WORK CONVENTION 19 73 (ILO NO. 137).
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ILO CONVENTIONS
IN FORCE: NOT ACCEPTED BY AUSTRALIA 47
REPATRIATION OF SEAMEN CONVENTION 1926 (ILO NO. 23). 49
PROTECTION AGAINST ACCIDENTS (DOCKERS) CONVENTION (REVISED) 1932 (ILO NO. 32). 50
OFFICERS COMPETENCY CERTIFICATES 1936 (ILO NO. 53). 50
SHIPOWNERS LIABILITY (SICK AND INJURED SEAMEN) CONVENTION 1936 (ILO NO. 55). 51
SICKNESS INSURANCE (SEA)l936 (ILO NO. 56). 52
MINIMUM AGE (SEA) CONVENTION (REVISED) 1936 (ILO NO. 58). 53
FOOD AND CATERING (SHIPS' CREWS) CONVENTION 1946 (ILO NO. 68).
CERTIFICATION OF SHIPS' COOKS CONVENTION 1946 (ILO
SEAFARER PENSIONS CONVENTION 1946 (ILO NO. 71).
MEDICAL EXAMINATION (SEAFARERS) CONVENTION 1946 (ILO NO. 73).
CERTIFICATION OF ABLE SEAMEN CONVENTION 1946 (ILO NO. 74).
PAID VACATIONS (SEAFARERS) CONVENTION (REVISED) 1949 (ILO NO. 91).
ACCOMMODATION OF CREWS CONVENTION (REVISED) 1949 (ILO NO. 92).
SEAFARERS' IDENTITY DOCUMENTS CONVENTION 1958 ( ILO NO. 1 0 8) .
MEDICAL EXAMINATION (FISHERMEN) CONVENTION 1959 (ILO NO. 113).
FISHERMEN'S ARTICLES OF AGREEMENT CONVENTION 1959 (ILO NO. 114).
FISHERMEN'S COMPETENCY CERTIFICATES CONVENTION 1966 (ILO NO. 125).
ACCOMMODATION OF CREWS (FISHERMEN) CONVENTION 1966 (ILO NO. 126).
NO. 6 9)
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PREVENTION OF ACCIDENTS (SEAFARERS) CONVENTION 1970 (ILO NO. 134). 61
ILO CONVENTIONS
NOT IN FORCE (AS AT 1.6.1975) 63
SOCIAL SECURITY (SEAFARERS) CONVENTION 1946 (ILO NO. 70). 65
ACCOMMODATION OF CREWS CONVENTION 1946 (ILO NO. /5). 65
WAGES, HOURS OF WORK AND MANNING (SEA) CONVENTION (REVISED) 1958 (ILO NO. 109). 66
ACCOMMODATION OF CREWS (SUPPLEMENTARY PROVISIO NS) CONVENTION 1970 (ILO NO. 133). 67
OTHER CONVENTIONS
IN FORCE: RATIFIED BY AUSTRALIA 69
CONVENTION AND STATUTE ON THE INTERNATIONAL REGIME OF MARITIME PORTS 1923. 71
INTERNATIO NA L CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING 1924. 71
OTHER CONVENTIONS
IN FORCE: NOT RATIFIED BY AUSTRALIA 73
INTERNATIONAL CONVENTION RELATING TO THE LIMITATION OF THE LIABILITY OF OWNERS OF SEA-GOING SHIPS 1957. 75
INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO CARRIAGE OF PASSENG ERS BY SEA 1961. 75
CONVENTION ON THE LIABILITY OF OPERATORS OF NUCLEAR SHIPS 1962. 76
INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO CARRIAGE OF PASSENGER LUGGAGE BY SEA 1967. 77
PROTOCOL TO AMEND THE INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING 1924. SIGNED AT BRUSSELS ON FEBRUARY 23, 1968.
INTERNATIONAL CONVENTION ON THE DUMPING OF WASTES AT SEA 1972.
INFORMATION RECEIVED
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EXPLANATORY NOTES
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SCOPE OF CONTENTS
The Commission believes this paper considers all International Treaties that fall within its terms of reference, There are a number of International Conventions concerning, for instance:
(i)
(ii) (iii)
the unification of existing rules of law concerning collisions between vessels, maritime loans and mortgages, assistance and salvage of or by aircraft at sea;
Customs requirements for containers etc;
the arrest of sea-going ships, the registration of rights in vessels under construction; and
(iv) the law of the sea.
The Commission holds the view that conventions of that type have little or no bearing on the primary purpose of its work which is "To ensure that the development of the Australian maritime industry proceeds in harmony with the overall
transportation policies and general economic and social aims of the Government ·· " ""and they have not been included .
GLOSSARY AND ABBREVIATIONS
IMCO
ILO
"Ratification" ('Acceptance" "Approval" "Access1on"
The Inter-governmental Maritime Consultative Organisation London "
The International Labour Organisation Geneva .
These terms are defined in the Vienna Convention on the Law of Treaties 1969, and in each case mean the act whereby a
State establishes its consent to be bound by a treaty. The particular term to be used is usually itemised in the
text of the Convention, but each has the same ultimate meaning.
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Signed subject to ratification
Coming into force
A Convention may be signed subject to ratification, acceptance or approval etc. Such a signature does not bind
the State to ultimate acceptance of the Convention but does oblige it to refrain from acts which would defeat the object and purpose of the Convention.
The condition fo r a Convention to come into f orce is u s ually contained in the
text of the Conve ntion and usually is a period of time aft e r a specified
number of acceptances have been receive d. It may have othe r
conditions such as a specified number of acceptances who b e tween them have responsibility for a s pecified percentage of world s hipping tonnag e .
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BACKGROUND
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BACKGROUND
International Maritime Conventions may be grouped broadly under three main headings, which are:
INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANISATION
Those for which the Inter-Governmental Maritime Consultative Organisation is the depositary.
The Inter-Governmental Maritime Consultative Organisation, hereafter referred to as IMCO, was formed as a result of a Convention which followed a conference held in Geneva in 1948.
Basically the objects of the Organisation, as stated in the Convention, are to provide machinery for co-operation amongst Governments in the field of technical aspects of international shipping, particularly concerning maritime safety and the efficiency of navigation, and to
encourage the removal of discriminatory action and unnecessary restrictions by Governments affecting shipping engaged in international trade.
Australia accepted the IMCO Convention on 13 February 1952 and the requisite number of acceptances had been received for the Convention to come into force on 17 March 1958.
At the present time (11 May 1976) there are ninety-six countries members of IMCO, which has its headquarters and secretariat based in London. Membership provides entry into a valuable forum for
discussion .of many technical aspects of international shipping and the opportunity, in the formative stages, of participating in discussion which leads to international conventions.
Membership imposes no obligation on its members except a financial commitment based on the tonnage of ships engaged in international trade registered in the member country. Obligations flow from the acceptance of the various conventions for which IMCO is depositary.
The IMCO Conventions comprise those relating to the safety of ships and shipping, for example the Safety of Life at Sea Convention and the Load Line Convention, and those relating to pollution of the sea by ships, for
example Convention for the Prevention of Pollution of the Sea by Oil, Convention on Civil Liability for Oil Pollution Damage, and a number of otl1er Conventions such as that on Facilitation of International Maritime Traffic and that on
the Tonnage Measurement of Ships.
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Besides ensuring that ships are as safe as possible, and carry adequate equipment for crew safety in case of accident, the 'Safety Conventions' are of practical benefit to owners of ships trading internationally as, in terms of the Conventions, valid survey certificates issued by one party are accepted by the other parties and absolve the
ship from further survey whilst they remain in force"
The Tonnage Convention, which is expected to enter into force shortly, will be of practical benefit to port authorities and others who base their charges on ships' tonnage "
On the other hand, some of the conventions concerning marine pollution have few sanctions that can be applied internationally but rely on national legislation for their implementation. In effect they are agreements that ships will take prescribed measures to inhibit pollution of the
sea for the benefit of all.
INTERNATIONAL LABOUR ORGANISATION
Those which fall under the auspices of the International Labour OrganiSation.
The International Labour Organisation was founded on 29 October 1919 as part of the peace settlement that followed the end of the First World War. The original
charter of the Organisation was contained in Part XIII of the Treaty of Versailles.
There are 121 Member States.
By an Agreement between the United Nations and the International Labour Organisation which followed a resolution of the 27th Session of the International Labour Conference in 1945, the Organisation became a Specialised Agency of the United Nations,
By its constitution, meetings of the General Conference of representatives of the Members are to be held at least once a year" General Conference is composed of four representatives of each of the Members of whom two shall be Government delegates and the two others shall be delegates representing respectively the employers and the employees" Each delegate may be accompanied by two advisers"
The headquarters and secretariat of the International Labour Organisation is in Geneva and Australia has been a member of the Organisation since its inception.
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ILO Conventions deal almost entirely with social conditions of labour and many of them appear to have the intention of improving industrial conditions in countries which have recently gained their independence or in which social standards are not as high as they are
in Australia. It appears to the Commission that from a narrow viewpoint there is little advantage in ratification. On the other hand, ratification, whenever it is possible, is desirable to indicate Australia's
support for the principles of ILO and to enable it
to voice social opinions at important international discussions.
AUSTRALIAN REPRESENTATION AT INTERNATIONAL MARITIME CONFERENCES
Australia has been represented by delegations at practically all conferences that have been held to form maritime conventions for past fifty years or so and at
many pre-conference meetings.
The delegations have been able to express the Australian point of view at these international meetings and explain our position as an island trading nation at a considerable distance from our trading partners.
It appears that Australia's presence at these meetings is welcomed, and we were an elected member of the IMCO Council from 1953 to 1974, whilst members of Australian delegations have held a number of elective
positions in both IMCO and ILO.
ACCESSION TO INTERNATIONAL SHIPPING CONVENTIONS BY AUSTRALI A
Whilst Australia has in general agreed with the purpose and contents of the various Conventions, there is cause for concern at the amount of time taken to amend legislation and regulations before a Convention can be
accepted. On the other hand, the number of Conventions ratified by Australia is about the average for other coun tries with maritime interests. Many IMCO Conventions are largely concerned with the
technical aspects of ships and deal largely with ships engaged on international voyages. Ratification in these cases is a matter for the Australian Government alone (rather than for the States) and usually includes considerable changes both in Acts
and Regulations. This requirement is responsible for
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considerable delay. Much of the technical content of the legislation is involved, so instructions to Parliamentary Counsel are necessarily complex and time consuming.
It was generally believed that the 'Foreign Affairs' power contained in the Australian Constitution does not permit Australia to accede to an International Shipping Convention until it has actually entered into force.
The result was twofold:
First, Australia can never be one of the number of original powers that are necessary to bring a convention into force"
Second, except in the case of a convention that is obviously of such importance that it can be expected to come into force at an early date
there is a reluctance to consider and draft changes in legislation which it might only be possible to incorporate into the law in an indefinite future.
The High Court ruling in the 'Seas and Submerged Land Act' case late last year may remove this difficulty.
A large number of the matters dealt with in the ILO
Maritime Conventions fall wholly or partly within the jurisdiction of the State Governments and this poses particular difficulties in a Federal System. Within Australia the Australian Government is the Member of ILO, and it alone can ratify a convention" However,
in accordance with the ILO Constitution of 1946, when a convention that is appropriate for State action is ratified by a Federal Government, the ratification extends to all the constituent States. The ILO Committee of Experts on the Application of Conventions watches closely to ensure that there
is applicable State law embodying convention requirements in these cases.
In these circumstances Australian ratification of a number of ILO Conventions has been delayed because of the need to bring State as well as Commonwealth law into line with the Convention" In some instances the ability of the Australian States to do this is constrained because some areas of State maritime law must be consistent with certain sections of the U.K. Merchant Shipping Act of 1894 which are still binding on
the Australian States. This matter is dealt with in the Commission's Report on Australian Maritime Legislation.
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AGREEMENTS
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AGREEMENTS
Australia is a party to a number of International Agreements concerning ships and ships' crews that can be divided into the following categories:
THE BRITISH COMMONWEALTH MERCHANT SHIPPING AGREEMENT
The British Commonwealth Merchant Shipping Agreement was signed at London on December 10 1931 by Great Britain, Northern Ireland, Canada, Australia, New Zealand, Union of South Africa, Irish Free State and Newfoundland, which at that
time were the only members of the British Commonwealth of Nations. South Africa was no longer considered a party after it left the Commonwealth whilst, without formal acceptance, Great Britain is inclined to treat those countries which became members of the Commonwealth after December 10 1931 as
being involved in the provisions of the Agreement.
The Agreement consists of a number of Parts which generally contain the following provisions:
Part I
Every ship registered in a Part of the Commonwealth shall have common status and recognition amongst the parties. The laws and procedure relating to registry concerning Ownership, Transfer, Mortgages, Name of Ship
etc. shall as far as possible be based on the Merchant
Shipping Act 1894.
Part II
Every effort is to be made to preserve uniformity in standards of safety required by the Parties.
Part III
The laws made in one Part of the Commonwealth shall not apply with extra-territorial effect to ships registered in another part: but this shall not be deemed to restrict
powers to regulate coasting trade or fishing.
Part IV
Access to ports shall be on equal terms amongst all the Parties. Whilst each Part of the Commonwealth may regulate its own coasting trade, any regulations or laws for this purpose shall treat all ships registered in the Parties in the same manner and not less favourably than
foreign ships.
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24401 /76-2
Part V
Refers to Articles of Agreement with crew.
Provides that powers respecting discipline on a ship, that are not derived from the ship's Articles, shall be controlled by the Part of the Commonwealth where the ship is registered.
Requires each Part of the Commonwealth to make laws for the apprehension and return of deserters on application of the Master.
Part VI
Requires that the standards of qualifications for ships' officers shall as far as possible be equal and alike and, as far as possible, Certificates of Competency in one Part shall be acceptable throughout the Commonwealth.
Part VII
Refers to Shipping Inquiries and requires laws and regulations relating to Courts for formal inquiries to be based on the Merchant Shipping Act 1894.
Parties are to assist each other in preliminary investigations but formal investigations, except for those incidents occurring on or near the coast, are not to be held except at the request of the Flag State.
Part VIII
Requires each Party to legislate for the relief etc. of distressed seamen from a ship registered in another Part of the Commonwealth.
Part IX
Refers to offences on board ship.
Part X
Contains c9ming into force and amendment procedures.
Since the British Commonwealth Merchant Shipping Agreement came into force, many former colonies within the British Commonwealth, have gained independence. Of course there have been many changes in international shipping and overseas trade movements.
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There has been no amendment to the Agreement although in 1975 Canada, in accordance with the amendment procedure, withdrew from that part which prescribes the ownership provisions and registration requirements for the registry of
Canadian ships and also from that part which would require other Party's ships to be treated equally with Canadian ships when engaged in the Canadian coasting trade.
Whilst the Agreement has not in the past severely restricted the Government's shipping policy, in many respects it is out of date.
For instance both in Part I and in Part VII it
refers to the Merchant Shipping Act 1894 as a standard and this is not appropriate to the Australian national position. Furthermore the reference in Part V to laws for the apprehen sion and return of deserters may be contrary to the provisions
of ILO Convention No. 105 and the Abolition of Forced Labour Convention 1957 to which Australia has acceded.
As is shown in the Commission's Report on Australian Maritime Legislation, the Commission sees need for urgent action to establish an Australian register for Australian ships. The Agreement would impose restraints on the necessary
legislation. The Commission considers Australia should give consideration to withdrawing from the British Commonwealth Merchant Shipping Agreement because it restricts the parties
by reference to the Merchant Shipping Act 1894, and is in conflice with ILO Convention No. 105.
AGREEMENTS CONCERNING SHIPS' TONNAGE
Agreements for the mutual acceptance of tonnage arrangements are in force between Australia and Finland, Greece, Japan, Poland and Portugal.
The tonnage of ships is the usual parameter for assessing charges such as light dues and port dues and it
would be of considerable advantage to have an internationally accepted system of assessing tonnage.
With this object, the International Convention on Tonnage Measurement of Ships was drawn up in 1969, but that Convention has not yet come into force.
Australia is now preparing its own legislation for tonnage measurement. Preparation is understood to be well a dvanced.
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When the Tonnage Measurement Regulations have been promulgated, and until the International Tonnage Convention has entered into force and is acceded to by Australia, it may be desirable for Australia to enter into agreements for the mutual acceptance of tonnage assessment with a number of
foreign powers.
AGREEMENTS CONCERNING DESERTERS FROM SHIPS
Agreements concerning the treatment of deserters are in force between Australia and Brazil, France, Greece, Iceland and the Netherlands.
The parties to the Agreement mutually undertake to assist in the apprehension and returning on board of seamen from the ships of one party who may desert at any
port within the Territories, Possessions or Colonies of the other.
These four Agreements were entered into during the 19th century by the United Kingdom, but still have application to Australia.
They should be critically reviewed, not only because they have become archaic, but because their provisions may be in conflict with those of ILO Convention No. 105 and the Abolition of Forced Labour Convention 1957, to which Australia
has acceded.
The subject is dealt with fully in the Commission's Report on Australian Maritime Legislation.
AGREEMENTS CONCERNING DISTRESSED SEAMEN
Agreements for the mutual relief of distressed seamen are in force between Australia and Sweden and France.
These two Agreements, which were made by the United Kingdom during the 19th century, and still have application to Australia, provide that when a seaman of a contracting state after service on a ship of the other contracting state becomes distressed through shipwreck or other causes in a place outside his native state, the Government of the State
in a ship of which the seaman was serving shall support him until he enters into ship service again, or finds other employment, or until he returns to his native State or dies.
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The support includes maintenance, clothing, medical expenses, travelling expenses and, in the case of death, funeral expenses, but the liability is excluded if the seaman has deserted, left his ship by reason of a criminal act, or
left his ship through ,wounding or sickness resulting from his own fault.
These agreements are obviously relics of the past and seem to have no relevance to present day conditions.
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IMCO CONVENTIONS
IN FORCE: RATIFIED BY AUSTRALIA
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INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL 1954
The Convention applies to sea-going ships of 500 gross tons and over, but not to those that are naval auxiliaries or
being used in the whaling industry.
It prohibits discharge from a tanker of oil and oily mixtures in areas which are defined in an annex and which are in general 100 miles from coasts. It requires discharge of oily water from a ship that is not a tanker to occur as far as
possible from land. Oil-water separators are to be provided so that oily mixture discharge can be controlled. An oil record book showing the disposal of oily residues is to be kept on each ship.
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA 1960
Precis of contents
The Convention generally applies to all mechanically propelled ships on international voyages except ships of war and troop ships, pleasure yachts and fishing vessels. It has some lower tonnage limits b e low which it does not apply, for
example 500 gross tons for the equipment of cargo ships in most respects.
It prescribes in considerable detail requirements for: (i) Construction and s tability. (ii) Fire protection and fire fighting equipment. (iii) Lifesaving equipment: boats, rafts, lifebuoys,
lifejackets etc. (iv) Radio equipment.
(v) Carriage of dangerous goods.
It requires surveys at stated periods and pre s cribes certificates to be is s ued after survey. Whilst this Convention applies to ships on international voyages its provisions provide the basis for the
survey within the cove r a ge of the Convention of all other merchant ships that come within Australian jurisdiction.
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INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA 1960
The regulations were annexed to the International Convention for the Safety of Life at Sea 1960 and contain comprehensive instructions for preventing collisions between ships. They prescribe lights, fog signals, distress signals etc. to be used by ships.
INTERNATIONAL CONVENTION ON LOAD LINES 1966
The Convention applies to ships of 24 metres in length proceeding on an international voyage, but not to ships-of-war, pleasure yachts or fishing vessels, whale catchers etc. It gives precise details of how the freeboard of a ship is to be assessed and the freeboard marks shown on
the ship. It requires surveys at stated periods and prescribes the certificates that are to be issued after survey.
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IMCO CONVENTIONS
IN FORCE: NOT RATIFIED BY AUSTRALIA
- 2 3 -
THE CONVENTION ON FACILITATION OF INTERNATIONAL MARINE TRAFFIC 1965 (FAL 1965)
The Convention was drawn up at a Conference held at the invitation of IMCO in London in 1965 and it entered into force in 1967. It consists largely of 'standards' and
'recommended practices ' for the various documents necessary for cargo, passenger and crew movement. However, the Convention appreciates that Contracting Governments may not find it possible to strictly conform with the standards prescribed and requires each of those Governments to inform the Secretary General of
IMCO , when the Convention enters into force for the Government concerned, of any difference between its requirements and a standard.
AUSTRALIAN POSITION
The Department of Transport convenes the Australian Sea Transport Facilitation Committee (SEAFAL) which includes in its membership the Departments of Health, Immigration and Ethnic Affairs, Business and Consumer Affairs, and Administrative
Services, together with the Commonwealth Bureau of Statistics, all of whom are concerned with the matters dealt with in FAL 1965. At meetings of SEAFAL and at interdepartmental meetings in 1975, it was agreed to recommend that the Australian
Government should become a Contracting Government to the Con vention on Facilitation of International Maritime Tyaffic 1965. The Department of Transport is at present moving towards this result ,
THE INTERNATIONAL CONV ENTION RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF OIL POLLUTION CASUALTIES 1969 (INTERVENTION 1969)
The Convention permits the Parties to take such measures on the high seas as may be necessary to prevent, mitigate or eliminate danger to their coastlines from pollution or thre at of pollution following a maritime casualty ,
AUSTRALIAN POSITION
Australia signed the Convention subject to ratifica tion on 17 , 12 . 70.
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The Commission understands that the relevant Departments are moving towards a recommendation that will lead to an acceptance of this convention.
INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE 1969 (etc 1969)
This Convention was formed at a conference convened by IMCO and held at Brussels in November 1969. It applies to
ships carrying bulk oil and imposes liability on the owner of such a ship for any pollution damage caused by oil which has escaped or been pumped from the ship.
The owner may limit his liability to 2,000 francs for each ton of the ship's tonnage or an aggregate amount of 210 million francs.
Liability cannot be limited unless the owner has established a fund or is covered by insurance for the full amount of his liability and a country which has accepted the Convention shall not allow ships under its flag to transport bulk oil unless the owner has established such a fund or is
covered by such insurance.
AUSTRALIAN POSITION
Australia signed the Convention 'subject to ratification' on 17 November 1970 and the Commission considers that it is important and should be ratified without delay . The Commission understands the appropriate Departments are moving
towards a recommendation that will lead to an acceptance of this convention.
THE SPECIAL TRADE PASSENGER SHIPS AGREEMENT 1971 (STP 1971) Affi)THE PROTOCOL ON SPACE REQUIREMENTS FOR SPECIAL TRADE PASSENGER SJITPS 1973 (SPACE STP 1973)
The Agreement concerns ships carrying large numbers of pilgrim passengers making their way to and from Mecca and is applicable to an area comprising the north end of the Indian Ocean, the South China Sea and the waters around Indonesia.
It requires lower standards than those contained in SOLAS 60 which applies to ships on more conventional international voyages and it entered into force in January 1974.
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AUSTRALIAN POSITION
Although Australia has no ships engaged in these special trades and the Agreement is of no direct interest to this country, the principles in the Convention should be supported.
CONVENTION RELATING TO CIVIL LIABILITY IN THE FIELD OF MARITIME CARRIAGE OF NUCLEAR MATERIAL 1971
This Convention was formed at a Conference held in Brussels in 1971 and convened by IMCO after co-operation between IMCO, the International Atomic Energy Agency and the Nuclear Energy Agency of O,E.C.D.
The Convention relieves the shipowner from liability for damage caused by the carriage of nuclear material by sea and places the liability on the operator of a nuclear installation. This transfer of liability is applicable if the
operator of the nuclear establishment is liable for the damage under the Paris Convention on Third Party Liability in the field of nuclear energy 1964 or the Vienna Convention on Civil Liability for Nuclear Damage 1963 or by virtue of a national law as
favourable as either of those Conventions to those who may suffer damage ,
AUSTRALIAN POSITION
This Convention poses a number of legal questions for a country such as Australia which is not a party to the
Paris or Vienna Conventions. An important problem is that the Convnetion does not give the victim of an occurring
the Australian territory the right to bring action before an Australian Court and have the judgement transferable to and enforceable in a where a nuclear installation is
situated. The Commission considers that ratification by Australia would be unwarranted unless a significant new trade in nuclear substances, in dangerous forms, were to develop between Australia and other countries.
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IMCO CONVENTIONS
NOT IN FORCE: NOT RATIFIED BY AUSTRALIA
- 29 -
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA 1960
SEVEN AMENDMENTS 1966-1973
In accordance with the provisions of the Convention, seven amendments have been accepted by the IMCO Assembly. These are:
1966. Concerning fire safety measures for passenger and cargo ships.
1967. Concerning fire prevention etc. for passenger ships and life boat and raft requirements £or tankers.
1968. Requires ships to carry certain electronic navigation equipment which previously was optional.
1969. General amendments concerning radio, life-buoy lights, lifejackets etc. 1971. A requirement that radio telephone ships include in their crew a certificated radio
telephone operator.
1973. Concerns requirements for the safe carriage of bulk grain.
1973. Concerns the transverse subdivision of cargo ships.
AUSTRALIAN POSITION
Although they have not come into force, these amendments are important and many of their requirements are applied by administrative action to Australian ships. Major amendment to legislation is not involved and the Commission considers action to accept the amendments should be taken as
soon as possible.
These amendments have been subsumed in the 1974 SOLAS Convention discussed immediately below. Should that Convention come into force quickly, and be accepted by Australia promptly, there would be no need to accept these amendments as
such.
However, in case there is delay in international acceptance of SOLAS 74 the Commission thinks that Australia should accept these amendments individually also.
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CONVENTION FOR THE SAFETY OF LIFE AT SEA 1974
This Convention, which resulted from a Conference held in London in October 1974 is based on and will supersede the Safety of Life at Sea Convention It contains all the
provisions of that Convention, the seven amendments which were accepted by the IMCO Assembly between 1966 and 1973, and new and simpler "coming into force" and amendment procedures.
AUSTRALIAN POSITION
The Convention is not yet in force, but when it has
obtained sufficient parties, it will be the basic Convention on its subject.
It should be accepted by Australia as soon as possible, with implications in respect of the amendments to the Safety of Life at Sea Convention 1960, f or the reasons mentioned above.
THE CONVENTION ON THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA 1972 (COLREG 72)
This Convention was fo rmed at a Conference convened by IMCO and held in London in 1972. It is to supersede the
International Regulations for Preventing Collisions at Sea which were annexed to the Final Act of the International Con fe rence for Safety of Life a t Sea 1960 .
The new Convention is to come into force twelve months after the required number of States have become party to it and it will probably enter into force shortly. The n ew Regulations t a ke into account the increased size and speed of s hips and thei r mod ern equipment. For
ins tance:
(i) The difficulty of manoeuvring deep draught s hips in restricted water is recognised.
(ii) Proclaimed traffic separation schemes in narrow congested waterways are recognised.
(iii) The range of visibility of navigation lights i s increased.
(iv) The use of radar when determining a sa fe speed i s
recognised,
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and in many ways the rules are clearer and h a ve l e ss doubt of
their interpretation than did those of 1960.
AUSTRALIAN POSITION
The basic requireme nts of 'steering and sailing' rules have not been altered, so there is little risk tha t two ships,
one complying with the 1960 rules and the other with those of 1972 would get into difficultie s owing to differing require me nts. Nevertheless, it is most d es irable tha t the 19 72 Convention should have wide international acceptance when it comes into
force and important that it has early acceptance by Australia.
THE INTERNATIONAL CO NVENT ION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL 1954 AS AMEN DED IN 1963 (OILPOL (AMENDED) 1954)
THREE AMENDMENTS 1969-19 7 1
In accordance with the Articles of this Convention, it may be amended if the amendment is accepted by a two-thirds majority at a n IMCO Assembly and is then accepted by two-thirds of the Contracting Governments. Three a mendments have bee n
accepted by the IMCO Assembly, but have not received sufficient acceptance by Contracting Governments to bring them into force. They a re:
1969 Amendments. Are of a general nature tightening the restrictions of the Convention. Australia deposited its Ins trument of Acceptance of the se amendments on 6 November 1973. The necessary
legislation is ready to come into f orce on a
'da t e to be proclaimed' which will b e the date
the amendments come into forc e internationally.
1971 Amendments.
(i) Brings the Great Barrier Re ef within the
prohibite d discharge zone. This is a most important am endment which was proposed by Australia. Legislation is being
prepa red, so that the a mendment can come into force when it is accepted internationally.
(ii) Limits the arrangement and size of oil
tanks in ships to re s trict pollution in case of accident to the s hip. These are
most important technical amendments and the nece s sary l egis lation is being prepared so they can be a ccepted by Australia.
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AUSTRALIAN POSITION
The 1971 Great Barrier Reef amendment was introduced by Australia and it seems a strange paradox of our reliance on the foreign affairs power that we are unable to take the initiarive to accept the Convention. The implementation of the 1969 amendments seems to be delayed only by the opinion of the limitation of our constitutional power which been previously mentioned.
THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS 1973 (MARPOL 1973)
This Convention followed an International Conference convened by IMCO and held in London in 1973. It extends the anti-pollution measures contained in OILPOL (amended) 1954 and relates them to all pollutants, i.e. oil and other noxious substances.
It is intended that this Convention will eventually replace the Convention for the Prevention of Pollution of the Sea by Oil in 1954, but its provisions have far-reaching implications, and it will probably be some years before it comes into force internationally.
AUSTRALIAN POSITION
With the world wide concern on pollution problems, it would seem unfortunate if Australia is not one of the countries who become original ratifiers of this Convention.
The Commission understands the relevant Departments are making necessary investigation prior to considering whether or not the Convention should be accepted by Australia.
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THE INTERNATIONAL CONVENTION ON LOAD LINES 1966 (LL 1966) AMENDMENT 1971
In accordance with this Convention, an amendment to it may be made by a two thirds vote of the IMCO Assembly and
becomes operative twelve months after it has been accepted by two thirds of the Signatory States.
On 12 October 1971, the Assembly adopted several amendments to the Convention which make some minor technical adjustments and clarify the text but which do not involve questions of principle, These amendments have not had a
sufficient number of acceptances from Signatory States to bring them into force internationally and Australia has not accepted them.
AUSTRALIAN POSITION
Almost all the prov1s1ons of the 1971 Amendments are already included in the Navigation (Load Lines) Regulations and as changes in legislation would not be necessary, there seems no reason why Australia should not become a Signatory
State to them. The Commission believes the amendment should be accepted as soon as possible.
THE INTERNATIONAL CONVENTION ON TONNAGE MEASUREMENT OF SHIPS 1969 (TONNAGE 1969)
Previous to this Convention, which followed a Conference convened in London by IMCO, there was no international law on the assessment of the tonnage of ships and most national law on the subject emanated from the British
system which had changed little since it was incorporated in the Merchant Shipping Act of 1894.
The Convention has not yet come into force and Australia has not yet become a Signatory State.
AUSTRALIAN POSITION
As a large number of prescribed requirements for ships depend on a tonnage parameter and charges on ships (such as light dues and port charges) depend on tonnage, it is
important that there should be an international system of assessment.
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Tonnage is closely connected with the law on ship registry and, although the Department of Transport has done a great deal of work with the Attorney-General's Department on that subject, Australian ships, registered in Australian ports, are still registered in the United Kingdom as British ships in accordance with the Merchant Shipping Act 1894.
I
The Tonnage Convention 1969 is to come into force two years after twenty-five countries (the combined tonnage of whose fleets must exceed 65 per cent of the gross tonnage of
the world's merchant shipping) have signed or acceded to it. The required number seems possible by mid 1977, and it is considered important that Australia accepts the Convention as soon as possible. (The Commission has recommended establish ment of an Australian register in other Reports being presented with this Report).
PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINE POLLUTION BY SUBSTANCES OTHER THAN OIL 1973
The protocol which was done in 1973, but not yet entered into force, extends the provisions of the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties to pollution by substances other than oil.
AUSTRALIAN POSITION
Australia signed the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969, in 1970 subject to ratification.
The Commission considers ratification of that Conven tion important, and holds the same opinion concerning this Protocol.
As with the Intervention Convention 1969, the Commission understands the appropriate Departments are examining the implications of this Convention to see whether or not acceptance should be recommended.
INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAl FUND FQR COMPENSATION FOR OIL POLLUTION DAMAGE 1971 (FUND 1971)
The Convention followed a Conference convened by IMCO and held in Brussels in 1971 and makes provision for the estab lishment and operation of a fund to be available for clean up damage etc., in the case of oil pollution from ships. The fund
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is to be established by donations from importers of heavy oil into the ports of Signatory States.
The Convention is supplementary to the International Convention on Civil Liability for Oil Pollution Damage 1969 and only states which are signatories to that Convention can become parties to the Fund Convention.
AUSTRALIAN POSITION
Considering that clean up damage after one casualty to a medium sized tanker loaded with heavy oil could cost many millions of dollars, it is obvious that this is an important Convention. The Commission considered an assessment should be
made at an early date of the risk of tanker casualties in
waters surrounding Australia, and the probable cost of clean up, and the likely amount of contribution by Australian oil importers to the Fund, so that a decision on acceptance of the
Convention by Australia can be made.
THE INTERNATIONAL CONVENTION FOR SAFE CONTAINERS 1972 (CSC 1972)
This Convention followed a Conference jointly convened by UN/IMCO at Geneva in 1972 and prescribes standards for the safe construction and maintenance of 'containers' used in international maritime trade.
The Convention has not yet entered into force and Australia has not become a Contracting Party.
AUSTRALIAN POSITION
Australia has for many years been prominent amongst those countries which have legislated for the safety of items of cargo handling equipment with the object of protecting waterside workers and seamen. With the introduction of
containers, it was realised that special legislation for the safe operation for these appliances would be necessary, but that unilateral requirements for containers that have international movement would pose special problems.
In an endeavour to overcome the problem, Australia ventilated it at a meeting of .the IMCO Maritime Safety Committee in 1967 and the paper presented on that occasion stimulated discussion that eventually resulted in this
Convention.
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The Convention should be accepted by Australia as soon as possible and the Commission understands the Department of Transport is taking action with this end in view.
PROTOCOL ON SPACE REQUIREMENTS FOR SPECIAL TRADE
PASSENGER SHIPS 1973
This Protocol to the Special Trade Passenger Ships Agreement 1971 was formed at a Conference in London in 1973.
It prescribes spaces to be allocated to unberthed passengers carried in the geographical area covered by the Special Trade Passenger Ships Agreement.
AUSTRALIAN POSITION
As with the Special Trade Passenger Ships Agreement 1971, Australia has no direct interest in this Protocol.
CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA 1974
This Convention was formed by a Conference convened by IMCO and held at Athens in 1974.
The Convention makes the owner liable for injury or consequent death of a passenger and for loss or damage to his luggage on an international voyage but only if the incident was due to the fault or neglect of the owner or his servants or
agents. It stipulates a limit for the owner's liability.
AUSTRALIAN POSITION
The Commission believes that this Convention may not be compatible with any possible national compensation legislation. In any case, no Government had ratified the Convention by 31 December 1975, so there is no urgency for Australia to declare
its position.
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ILO CONVENTIONS
IN FORCE: ACCEPTED BY AUSTRALIA
- 39 -
MINIMUM AGE (SEA) CONVENTION 1920 (ILO NO. 7)
PRECIS OF CONTENTS
The Convention applies to all ships and boats except ships of war. Children under the age of fourteen years are not
to work on any ship except one where only members of the same
family are employed. School ships or training ships where the work is supervised or approved by public authority are exempted from this requirement.
Every shipmaster is required to keep a list of all
persons under the age of 16 years employed on board his vessel.
This Convention was revised by the Minimum Age (Sea) Convention (Revised) 1936 No. 52 which has not been ratified by Australia.
UNEMPLOYMENT INDEMNITY (SHIPWRECK) CONVENTION 1920 (ILO NO. 8)
PRECIS OF CONTENTS
Applies to all persons employed on any ship or boat engaged in maritime navigation except ships of war.
In the case of loss or foundering of any vessel the
owner, or the person with whom the crewman has contracted for service, shall pay each crewman an indemnity against unemployment resulting from the accident. The indemnity shall be at the same rate as the wages
payable under the contract and is payable whilst the crewman is unemployed. But the total payable to any one crewman may be limited to two months' wages.
PLACING OF SEAMEN CONVENTION 1920 (ILO NO. 9)
PRECIS OF CONTENTS
Applies to all seamen except officers employed as members of the crew on vessels engaged in maritime navigation.
The business of finding employment for seamen shall not be carried on by any person or organisation for pecuniary gain.
There shall be an efficient system of public employment offices for finding employment for seamen without charge. Such
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offices shall be maintained by either a joint organisation of shipowners and seamen or by the State.
Freedom of choice of ship is to be assured to seamen
and freedom of choice of crew to shipowners.
Necessary guarantees for protecting all parties concerned shall be included in the Articles of Agreement or the contract of engagement.
MINIMUM AGE (TRIMMERS AND STOKERS) CONVENTION 1921 (ILO NO. 15)
PRECIS OF CONTENTS
Young persons under the age of eighteen years may not be employed on any vessel as trimmers or stokers.
The term vessel includes all ships and boats engaged in maritime navigation except ships-of-war. However, the provisions of the Convention do not apply on school or training ships provided work is approved and supervised by public
authority nor on vessels propelled mainly by means other than steam.
Every shipmaster is required to keep a register of persons under the age of eighteen employed on board his vessel.
MEDICAL EXAMINATION OF YOUNG PERSONS (SEA CONVENTION 1921 ILO NO. 16
PRECIS OF CONTENTS
The employment of a young person under the age of e ighteen years on any vessel, except one on which only members of the same family are employed, is conditional on the production of a medical certificate signed by a doctor approved by the competent authority.
'Vessel' includes all ships and boats engaged in maritime navigation except ships-of-war.
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SEAMEN'S ARTICLES OF AGREEMENT CONVENTION 1926 (ILO NO. 22)
PRECIS OF CONTENTS
All seamen employed on a vessel shall be covered by Articles of Agreement signed by the owner or his representative and the seaman. The Agreement may be for a definite period, for a voyage or for an indefinite period.
The Convention applies to all persons employed on the ship except the master, pilot or cadets.
The Convention does not apply to ships-of-war, yachts, fishing vessels, or vessels engaged in the coasting trade.
Certain particulars that must be incorporated in the Agreement are itemised.
Every seaman must be given a document containing a record of his employment during the term of the Agreement but it shall not any statement of the quality of the
seaman's work or of his wages.
MARKING OF WEIGHT (PACKAGES TRANSPORTED BY VESSELS'CONVENTION 1929 (ILO NO. 27)
PRECIS OF CONTENTS
Every package or object of 1000 kilograms or over consigned for transport by sea or inland waterway shall be durably marked on the outside with its gross weight before it is shipped.
The obligation for compliance rests solely on the Government of the country from which the package is consigned and not on the Government of a country through which it passes.
ABOLITION OF FORCED LABOUR CONVENTION 1957 (ILO NO. lOS)
PRECIS OF CONTENTS
The Convention requires the suppression of any form of forced or compulsory labour:
(i) As a means of political coercion or education or as a punishment for holding political views.
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(ii) As a method of using labour for economic
development.
(iii) As a means of labour discipline.
(iv) As a punishment for participation in s;rikes.
(v) As a means of racial, social, national or
religious discrimination.
Perhaps the principal application of this Convention to the Australian maritime industry is the ruling of the ILO Committee of Experts that the power of a Court to order a
deserting seamen to be conveyed on board his ship for the purpose of proceeding on the voyage is contrary to the provision of the Convention.
Australia's acceptance of this Convention requires changes in the Navigation Act. This is discussed in the Commission's Report on Australian Maritime Legislation.
MINIMUM AGE (FISHERMEN) CONVENTION 1959 (ILO NO. 112)
PRECIS OF CONTENTS
The Convention applies to the crews of fishing vessels except those working in ports, harbours and estuaries. It does not apply to school ships or training ships. It provides that
children under the age of fifteen years shall not be employed except that permission may be granted in national legislation for the employment of children of not less than fourteen years.
DOCK WORK CONVENTION 1973 (ILO NO. 137)
PRECIS OF CONTENTS
The Convention applies to those regularly available for dock work and who depend on that work for their main annual income.
It requires parties to encourage permanency, or at least a guaranteed minimum wage for dock workers and to establish registers of dock workers with priority of employment for those registered.
It requires consultation between employer and employee organisations to promote efficiency of new cargo handling methods.
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Appropriate safety health welfare and vocational training provisions are to be available for dock workers.
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24401 / 76-3
ILO CONVENTIONS
IN FORCE NOT ACCEPTED BY AUSTRALIA
- 4 7 -
REPATRIATION OF SEAMEN CONVENTION 1926 (lLO NO. 23)
PRECIS OF CONTENTS
Any seaman landed during the term of his engagement, or on its expiration, shall be taken back to:
(a) his own country; or
(b) the port at which he was engaged; or
(c) the port at which the voyage commenced.
The national law shall include provisions to d e termine who shall bear the charges for repatriation.
Expenses of maintenance and repatriation shall not fall on a 'distressed' seaman. The Convention does not apply to seamen on ships engaged in coasting trades.
AUSTRALIAN POSITION
Early in the life of the Convention it appears to
h a ve been felt that there was no urgency to ratify as there
were very few ships registered in Australia trading on overseas Furthermore, Australian practice concerning
distressed seamen was governed by British legislation until 1967 when the Navigation (Distressed Seamen) Regulations came into force.
The Navigation (Distressed Seamen) Regulations are designed to ensure relief for Australian seamen in distress abroad and for their return to Australia. They are not in
complete accord with the Convention which requires relief for a foreign seaman discharged from an Australian ship in Australia and could require that a foreign national who has lived in Australia for many years and who is discharged from
an Australian ship abroad, be returned to his native State, rather than to Australia. The Convention appears designed to protect those seamen who may engage in ships at ports which are not in the
country of which the seaman is a resident, or in ships where flag is not that of the country where the seaman is a resident.
The situation does not apply in Australian ships where i ndustrial provisions ensure that crews are comprised basically of Australian residents.
In these circumstances, the Commission feels this Convention need not be accepted by Australia.
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24401 / 76-4
PROTECTION AGAINST ACCIDENTS (DOCKERS) CONVENTION (REVISED) 1932 (ILO NO. 32)
PRECIS OF CONTENTS
This Convention is designed to ensure against accidents to workers employed in loading or unloading any ship.
It contains technical provisions relating to: Safety of work places and approaches thereto.
Safey of means of access to ships.
Boats used for transport to the work place.
Safety of means of access to holds.
Protection of hatchways and other openings.
Lighting.
Handling of hatch coverings and beams and related matters.
AUSTRALIAN POSITION
Commonwealth law complies with the Convention. The Commission understands that the Association of Australian Port and Marine Authorities is at present investigating the position in the several States with the object of achieving uni f ormity when ratification should again be considered.
OFFICERS' COMPETENCY CER'fiFICATES CONVENTION 1936 (ILO NO. 53)
PRECIS OF CONTENTS
No person may be 'engaged to perform or shall perform' the duties of master, chief engineer, navigation officer in charge of a watch or engineer officer in charge of a watch unless he holds a Certificate of Competency. Exemptions from this provision may be made only in the case of force majeure.
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The . Convention applies to all ships engaged in trade (i.e. includes fishing vessels) but vessels of less than 200 gross tons may be exempted by national legislation.
The Convention do e s not prescribe standards for Certificates of Competency.
AU STRALIAN POSITION
The Navigation Act does not prohibit an uncertificated officer taking charge of a watch. It does prescribe the minimum numb e r of officers required on ships depending on their tonnage, e ngine power, trade etc. but in some cases, particularly with
engineer officers, some may be uncertificated.
Most States have similar requirements.
The Commission understands that the Department of Transport, together with representatives of States are endeavour ing to formulate uniform shipping laws which will include uniform requirements for Certificates of Competency.
The Inter-Governmental Maritime Consultative Organisa tion is considering minimum requirements for persons in charge of a watch and its considerations may lead to a convention on the subject.
Such a convention is possibly some years off, but a ction directed towards Australian ratification of the ILO Convention does not seem appropriate at this stage.
SHIPOWNERS'LIABILITY (SICK AND INJURED SEAMEN) CONVENTION 1936 ILO NO. 55
PRECIS OF CONTENTS
This Convention requires the shipowner to provide a sick or injured seaman with medical care, board and lodging during the period of incapacity until he is cured or until the sickness or incapacity has been declared permanent. The Convention permits national legislation to restrict the period to 16 weeks.
The liability of the shipowner may cease if the above benefits are provided by a compulsory sickness or accident insurance scheme or by a workmen's compensation scheme in the country in which the ship is registered. The shipowner is also
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required to pay for the expense of repatriation of any sick or injured person who is landed during the voyage and, in the case of death, he is required to pay the burial expenses.
AUSTRALIAN POSITION
The Navigation Act does not require the shipowner to pay burial expenses where the seaman dies in his home port. Also, under the Navigation Act the shipowner is not liable for medical maintenance if the seaman is landed in, or returns to, his home port. Under the Navigation Act wages could cease after a specified period, whereas under the Convention in some circumstances wages have to be paid until cure or until the
incapacity is declared permanent.
The Commission believes Australian seamen are adequately covered in this regard by the present Australian provisions and that acceptance of the Convention by Australia is not appropriate.
SICKNESS INSURANCE (SEA) CONVENTION 1936 (ILO NO. 56)
PRECIS OF CONTENTS
This Convention requires the ratifying country to have a compulsory sickness insurance scheme covering persons employed on board registered in that country's territory. The
Convention also requires the payment of such benefits in case of sickness and for medical treatment and the supply of medicines and appliances.
Provision is made for maternity benefit, funeral expenses, and the payment of benefits in respect of sickness occurring between engagements.
Also, the Convention contains prescriptions regarding the financing of the sickness insurance scheme, the administration of the scheme and the right of appeal of insured persons.
AUSTRALIAN POSITION
An approach to the International Labour Office was made by the Commonwealth in 1952 in connection with the interpretation of ILO Convention No. 44 (Unemployment Provision 1934) which is based on insurance schemes, as is the Convention under discussions.
The Department of Employment and Industrial Relations, as a result of these approaches, understands that an assistance
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scheme not based on compulsory insurance can not be considered to satisfy the requirements of those ILO Conventions that provide for social security financed by insurance. As the Australian system is one of non-contributory social services,
acceptance of the Convention by Australia is not possible.
MINIMUM AGE (SEA) CONVENTION (REVISED) 1936 (ILO NO. 58)
PRECIS OF CONTENTS
This Convention requires that persons under 15 years of age shall not be employed on vessels other than vessels upon which only members of the same family are employed. However in respect of children not less than 14 years of age, national law may provide for the issue of certificates permitting them to be employed in cases where the appropriate
authority is satisfied that such employment will be beneficial to the child.
Every master is to be required to keep a list of all
persons under the age of sixteen employed aboard the vessel.
AUSTRALIAN POSITION
The Commission understands from the Department of Employment and Industrial Relations that Commonwealth law complies fully with the Convention and all States except New South Wales have agreed to its acceptance. In New South Wales
the impediment to ratification is that there is no provision in the laws of the State for shipmasters to keep lists of all
young persons under the age of 16 years employed in their vessels. Furthermore, in accordance with section 735 of the Merchant Shipping Act 1894, New South Wales cannot amend its marine legislation without first approaching the United
Kingdom Government.
The limiting effect of this section of the Merchant Shipping Act is discussed in the Commission's Report on Australian Maritime Legislation.
FOOD AND CATERING (SHIPS' CREWS) CONVENTION 1946 (ILO NO. 68)
PRECIS OF CONTENTS
The Convention applies to all sea-going vessels carrying cargo or passengers. It requires regulations concerning food and water supplies, positioning of galleys etc.,
- s 3 -
certification of ships catering staff, research into, and education and propaganda concerning, food supply etc.
It requires an inspection system including regular inspection at sea by the master or his delegate.
Training of cooks etc. including refresher caurses, is to be arranged.
AUSTRALIAN POSITION
The Navigation Act does not provide for certification of ships'catering staff, and there is no adequate machinery in Australia for training or certification.
This Commission's 'Report on training requirements for sea-going personnel' draws attention to the lack of adequate training facilities for crews of Australian merchant ships and the need for those facilities.
When a system of training and certification for ships catering staff is instituted, it would be necessary to consider the formation of a research and an inspection system before the Convention could be ratified.
CERTIFICATION OF SHIPS' COOKS CONVENTION 1946 (ILO NO. 69)
PRECIS OF CONTENTS
The Convention provides that every ship's cook must hold a certificate of qualification certifying that he has reached a prescribed minimum age, has served at sea for the minimum period decided upon by the competent authority, and has passed a prescribed examination.
AUSTRALIAN POSITION
The Navigation Act does not provide for certification of ship's cooks, and there is no adequate machinery in Australia for training or certification.
This Commission's 'Report on training requirements for sea-going personnel' draws attention to the lack of adequate training facilities for crews of Australian merchant ships and the need for those facilities.
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Until training and examination procedures are available, the ratification of this Convention is difficult.
SEAFARERS' PENSIONS CONVENTION 1946 (ILO NO. 71)
PRECIS OF CONTENTS
This Convention provides for the establishment of national schemes for the payment of pensions to seafarers on retirement from sea service. Pensions are to be payable to seafarers who have completed a prescribed period of service on
attaining the age of 55 or 60 years. It is provided that
seafarers shall not contribute more than half the cost of the pensions under the scheme.
AUSTRALIAN POSITION
As with a number of ILO Conventions on 'social services' this Convention is based on a contributory insurance scheme. The Department of Employment and Industrial Relations, has as a result of approaches it made to the International Labour Organisation, understands that an assistance scheme not based on
compulsory insurance can not be considered to satisfy the requirements of those ILO Conventions that provide for social security financed by insurance. As the Australian system is one of non-contributory social services, acceptance of the Convention by Australia is not possible.
MEDICAL EXAMINATION (SEAFARERS) CONVENTION 1946 (ILO NO. 73)
PRECIS OF CONTENTS
This Convention, which does not apply to vessels of less than 200 gross or to fishing vessels, provides that no seafarer shall be employed in a sea-going vessel unless he produces a certificate attesting to his fitness for work at sea,
signed by a medical practitioner or, in the case of sight testing, by an authorised person. The nature of the medical examination to be made and the particulars to be included in the medical certificate are
to b e determined by the competent authority after consultation with the shipowners' and seafarers' organisations concerned. Due regard is to be had to the age of the person to be examined
and to the nature of the duties to be performed.
A medical certificate shall remain in force for a period not exceeding two years from the date on which it was granted.
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AUSTRALIAN POSITION
In accordance with the provisions of the Convention and because of the difficulties inherent in the introduction of a system of medical examinations for seafarers, the matter was referred (by the Department of Transport) to the Marine Council, which consists of representatives of shipowners' and seafarers'
organisations. '
The Marine Council could not agree to the system of medical examinations for seafarers, differences of opinion being expressed in both groups within the Council. It advised the Minister for Transport the Convention should not be accepted by Australia.
As the Convention requires the Government to consult with both shipowner and seafarers' organisations before the Convention is ratified, it seems nothing further can be done unless the differing views within the Marine Council can be
resolved.
There has been continuing controversy about this Convention within the Australian industry for some years. Because some owners and unions genuinely feel that the principles of the Convention would not be in the best interests of the men in the industry the Commission does not recommend that the Government override the Marine Council. Nevertheless the Commission strongly urges that the Council reconsider the question and seek to resolve it.
CERTIFICATION OF ABLE SEAMEN CONVENTION 1946 (ILO NO. 74)
PRECIS OF CONTENTS
This Convention provides that no person shall be engaged as an able seaman unless he is competent to perform the appropriate duties and holds a certificate of qualification.
AUSTRALIAN POSITION
The Navigation Act does not provide for certification of able seamen, and there is no adequate machinery in Australia for training or certification.
This Commission's "Report on training requirements for sea-going personnel'' draws attention to the lack of adequate training facilities for crews of Australian merchant ships and the need for those facilities.
Until training and examination procedures are available, the ratification of this Convention is not appropriate.
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PAID VACATIONS (SEAFARERS) CONVENTION (REVISED) 1949 (ILO NO. 91)
PRECIS OF CONTENTS
The Convention applies to every person who is a member of the crew of a sea-going mechanically propelled vessel engaged in the transport of passengers and cargo for the purpose of trade .
It provides for annual holidays with pay after twelve months' service, officers not less than 18 days and other members of the crew not less than 12 days, with pro rata leave
for a length of service less than twelve months.
AUSTRALIAN POSITION
Australian seafarers enjoy much longer paid vacation periods under their award provisions than are required by the Convention. However the relevant awards do not provide for days of illness occurring during leave to be recredited to
the seafarer's leave entitlement which is a provision of the Convention. With the extent of leave provided in the awards, ratification by Australia would not be meaningful.
ACCOMMODATION OF CREWS CONVENTION (REVISED) 1949 (ILO NO. 92)
PRECIS OF CONTENTS
The Convention applies to all mechanically propelled vessels of 500 tons and upwards except fishing vessels and tugs. When reasonable ' and practicable it is to be applied to vessels of between 200 and 500 tons.
It prescribes detailed requirements for crew accommoda tion, requires them to be included in national regulations to be drafted after consultation with employers and employees, and requires a system of inspection of crew accommodation to ensure effective enforcement of the regulations.
AUSTRALIAN POSITION
Commonwealth law and practice comply fully with the provisions of the Convention and all States except New South Wales have agreed to ratification.
The Commission believes that in New South Wales amendments would have to be made to that State's shipping legislation to ensure compliance with the Convention .
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This is another instance where Section 735 of the Merchant Shipping Act 1894 limits the legislative power of New South Wales. See the Commission's Report on Australian Maritime Legislation.
SEAFARERS' IDENTITY DOCUMENTS CONVENTION 1958 (ILO NO. 108)
PRECIS OF CONTENTS
This Convention requires each ratifying-country to issue, on application, a seafarer's identity document to each of its nationals who is a seafarer, or where this is not
practicable, a passport indicating that the holder is a seafarer.
These documents may also be issued to non-nationals who are either serving on board a vessel registered in the country or are registered at an employment office in that country.
The document is to remain in the seafarer's possession at all times, and the ratifying countries agree to admit document holders for temporary shore leave while their ships are in port, or for certain other purposes connected with jointng a ship or transferring to another ship.
AUSTRALIAN POSITION
The Commission understands from the Department of Immigration and Ethnic Affairs that it is desirable, for immigration control purposes, to preserve the right to insist on seamen's identity documents being held by their ship's master or surrendered to immigration officers while they are in Australia. (Duplicates could be acceptable to meet this
requirement, but the process would be extremely inconvenient for many ships' crews).
The Australian Delegation,at the Conference which adopted the Convention, abstained from voting both at the Technical Committee which considered the Convention and at the Plenary Session. It explained the Australian immigration
requirements on both occasions.
As Australia's position remains the same, it is not appropriate at this stage to ratify the Convention.
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MEDICAL EXAMINATION (FISHERMEN) CONVENTION 1959 (ILO NO. 113)
PRECIS OF CONTENTS
Applies to all ships and boats engaged in fishing in salt water, but the competent authority after consultation with owners and fishermen's organisations may exempt those vessels which normally remain at sea for periods of less than three
days.
The Convention provides that no fisherman shall be engaged unless he has a medical certificate attesting his fitness. If the fisherman is under 21 years of age, the period
of the certificate shall be one year; if over that age, the
period shall be determined by the competent authority.
AUSTRALIAN POSITION
Australia has very few fishing vessels that remain at sea for more than three days. Effect is given to Convention
requirements in respect of those persons engaged in fishing for pearl shell or trochus shell, but there is no State law
requiring medical examination for all fishermen.
Historically fishing vessels in Australia have been small and have been operated by family units. They have usually operated in waters close to their home ports and have been quite different in style and operation to the large ocean
going fishing vessels that make long voyages from, for example, Northern Europe, Japan and U.S.S.R.
As an Australian sea fishing industry develops,
the Conventions concerning crews of fishing vessels will become more important to, Australia, and should be kept under review.
FISHERMEN'S ARTICLES OF AGREEMENT CONVENTION 1959 (ILO NO. 114)
PRECIS OF CONTENTS
This Convention provides that Articles of Agreement containing specified particulars shall be signed by the owner of a fishing vessel, or his agent, and by any fisherman
employed under conditions ensuring adequate supervision by the competent national authority.
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AUSTRALIAN POSITION
Although many fishing vessels could be under Federal jurisdiction because they fish outside the waters of their respective horne States, in fact they are controlled by State authorities, None, except the few employed in the remaining pearl-fishing vessels, sign Articles of Agreement. The normal
arrangement is for crew members to be paid on a partnership or share basis.
In these circumstances, the Convention is applicable to very few fishing vessels employed in the Australian industry and its acceptance is not considered urgent, however it should be kept under review in view of deep sea development in the Australian fishing industry.
FISHERMEN'S COMPETENCY CERTIFICATES CONVENTION 1966 (ILO NO. 125)
PRECIS OF CONTENTS
The Convention includes all vessels and boats engaged in fishing in salt water, except those of less than 25 gross
tons, those engaged in whaling, and those engaged in fishing for sport or recreation.
Fishing vessels engaged in inshore fishing may be exempted. The Convention requires all fishing vessels to carry a certificated master; all over 100 gross tons to carry a
certificated mate; and those with engines above a horsepower to be prescribed by the competent authority to carry a certificated engineer. A syllabus for each examination is very broadly prescribed, together with age limits and sea experience.
AUSTRALIAN POSITION
The Commission believes that this Convention would have application to a relatively small number of Australian fishing vessels. Fishing vessels are currently exempted from the manning provisions of the Navigation Act and there is at present no common policy amongst the States on fishing boat manning nor on requirements for Certificates of Competency for
fishing vessels.
The Association of Australian Port and Marine Authorities is investigating the differing requirements between States concerning Certificates of Competency. When these are completed and when training and examination
facilities recommended by the Commission have been instituted, the position concerning this Convention should be reviewed.
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ACCOMMODATION OF CREWS (FISHERMEN) CONVENTION 1966 (ILO NO , 126)
PRECIS OF CONTENT S
The Convention applies to all s alt water f ishing vessel s tha t are mechanically propell e d exc ept those e ng a g e d in fishing for sport and recre ation and tho s e engag ed in whaling .
It do e s not apply to boats of less tha n 2 5 gross
t ons and the signa tory state ma y e x empt tho se of le s s tha n 7 5
gross tons, whilst many of its provisions do not a pply to vess e ls
that u s ually make voyages of le s s than 3 6 hours unl e s s the crew
live permanently on board in port. It contains spa c e requirements living r o oms and r e quir es h e at, light and insulation standards etc . It r e quires
me ss rooms and s anitary s t a ndards etc .
AUSTRALI AN POSITION
The Commission u nd e r s tands f rom th e Depa r t ment o f Employment and Ind u s tria l Relations that Australia ha s v e r y f ew fishing ve s s e l s to which thi s Conv ent i on would apply . It
app e ars to b e d e sign ed l a r g ely f o r those l a r g er fishing v e ssel s
that tr a vel long dist a nces t o f ishing ground s and r e ma in on
tho s e grounds f or r e l a tiv e ly l ong p e r i ods , f o r ex ampl e , those
Eur o p ean v e s s el s that fi s h in Arctic wa t e r s , or off Newfoundland ,
and J a panese tuna v e s s el s tha t fr e quentl y f i s h o f f Au s tr a l i a.
The a c cepta nc e of the Co nv ention i s n o t cons ide r e d
a p pro p riat e a t this t i me , but it s h ou l d b e k e pt und e r r e vi ew a s
the Australi a n d eep s e a f i s hing industry d e v e l op s .
PREVENT I ON OF ACC I DENTS ( SEAFAR ERS ) CONVENT I ON 1 97 0 (ILO NO . 1 34 )
PRE CI S OF CONTEN TS
The Convention cove r s all p e r so n s wh o ar e employed in
a n y c a p ac ity on b o a r d a s hip ex c e pt a ship - o f - wa r .
I t r e qu i re s the rep orting o f a ll oc cupa tio n a l
ac c i d e n t s , a statistic al analys i s o f r e ports, a nd the impl e me nt i n g
of tr a ining a n d e ducati o n p r o gram s .
Each shi p i s t o hav e an ac c i d e nt p r e ventio n off i c e r
or c ommitt e e .
Pr o t ec t i v e c lothing i s t o b e p r ov i ded wh e n tha t i s
de s i r a ble . National o r local a c ci d ent p r event ion c ommittees ,
whi c h inc lude r e p r es ent a tives o f owners and e mp lo y e e s, a r e t o
be establi s h e d.
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AUSTRALIAN POSITION
In the Commission's Report on Maritime Standards and Controls the Commission has recommended the development of 'Codes of Practice' to augment regulations promulgated under the Navigation Act. In particular, it believes a Code of Sa f ety Practice for Ships Crews is an important and urgent requirement. Such a Code would enable this important Convention to be accepted, provided the Code was accepted by the States for ships that fall within their jurisdiction.
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ILO CONVENTIONS
NOT IN FORCE (AS AT 1.6.75)
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SOCIAL SECURITY (SEAFARERS) CONVENTION 1946 (ILO NO. 70)
PRECIS OF CONTENTS
The Convention applies to persons employed on all ships except ships of war but a government may exempt from its application those employed on various classes of craft, such as government ships not engaged in trade, coastal fishing vessels and boats of less than 25 tons gross. Seafarers shall be
entitled to benefits of medical care and unemployment not less favourable than for industrial employees. Their dependants shall be entitled to medical benefits.
If left behind sick or injured a seafarer shall receive medical attention, sustenance and repatriation.
It provides for medical care, maintenance and repatriation benefits for a seafarer left behind sick or injured in another country in addition to wages until he becomes re-employed or is repatriated.
AUSTRALIAN POSITION
Like other ILO social service Conventions this Convention is based on contributory insurance schemes. Australia has a non-contributory scheme and so it is not appropriate to ratify this Convention.
ILO was advised in 1948 that fundamental changes to Australian social services policy would be involved without commensurate advantages and in these circumstances ratification was not intended. That position still applies.
The Position' concerning ILO Convention
No. 56 is applicable to this Convention.
ACCOMMODATION OF CREWS CONVENTION 1946 (ILO NO. 75)
PRECIS OF CONTENTS
The Convention applies to sea-going mechanically propelled vessels of over 500 tons gross engaged in carrying cargo or passengers for the purpose of trade.
It requires plans of proposed accommodation to be submitted and employers may raise any complaints they may have with the competent authority.
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Requirements are included for adequate ventilation, heating, lighting and vermin proofing of spaces.
Minimum floor space, clear head room and number of persons per room are prescribed. Mess rooms and sanitary accommodation is required.
AUSTRALIAN POSITION
This Convention is no longer open to acceptance. It was supplemented by the Accommodation of Crews (Supplementary Provisions) Convention 170 (ILO No. 133).
WAGES, HOURS OF WORK AND MANNING (SEA) CONVENTION (REVISED) 1958 (ILO NO. 109)
PRECIS OF CONTENTS
The Convention applie s to mechanica lly propelle d vessels c a rrying pass engers or cargo for the purposes of trade on sea voyages. It does not apply to vessels of less than 500
tons gross or to f ishing vessels.
It prescribes minimum rates of pay. It prescribes normal hours of work at sea . Differing hours are prescribed for catering staff and f or periods spent in port.
Overtime is to be paid wh en duty extends beyond the prescribed limit, but is to be avoided as far as possibl e .
Each ves sel i s to be sufficiently and e fficiently manned to:
(i) Ensure safety.
(ii) Give effect to the prescribed hours of
work; and
(iii) Prevent excessive strain on the crew.
AUSTRALI AN POSITION
This Convention has been a ccepted by Austra lia.
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ACCOMMODATION OF CREWS (SUPPLEMENTARY PROVISIONS) CONVENTION 1970 (ILO NO. 133)
PRECIS OF CONTENTS
This Convention suppleme nts the Accommodation of Crews Convention (Revised) 1949 ILO No. 92 and applies to sea-going ships carrying passengers or cargo for the purpose of trade or employed for other commercial purposes except to ships of less
than 1000 tons gross, sailing ships or ships engaged in fishing.
It prescribes the space required in sleeping accommodation, the provision of recreation rooms, details of mess rooms etc., details of toilet and laundry facilities.
AU STRALIAN POSITION
As with ILO No . 92 which it supplements, acceptance of this Convention depends on the agreement of the States and any consequent amendment of their legislation.
As with ILO No. 92 amendment o f State marine
leg islation is restricted by the provisions of Section 735 of the Merchant Shipping Act .
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OTHER CONVENTIONS
IN FORCE: RATIFIED BY AUSTRALIA
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CONVENTION AND STATUTE ON THE INTERNATIONAL REGIME OF MARITIME PORTS, GENEVA, DECEMBER 9 1923
PRECIS OF CONTENTS
The contracting States declare that they accept the Statute on the International Regime of Maritime Ports adopted by the Second General Conference on Communications and Transit which met at Geneva on November 15, 1923.
SUMMARY OF STATUTE
All ports which are normally frequented by sea-going vessels shall be deemed to be maritime ports. Subject to the principle of reciprocity every contracting State undertakes
to grant the vessels of every other contracting State equality of treatment with its own vessels, or those of any other State whatever, in the maritime ports situated under its sovereignty or authority
as regards the use of the port and the enjoyment of
its benefits.
INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING, SIGNED AT BRUSSELS ON AUGUST 25 1924
PRECIS OF CONTENTS
The carrier shall be bound before and at the beginning of the voyage to , exercise due diligence to:
Make the ship seaworthy.
Properly man, equip and supply the ship.
Make the parts of the ship in which goods
are carried fit and safe for their
reception, carriage and preservation.
The carrier shall properly and carefully load, handle, stow, carry, keep care for and discharge the goods carried.
After receiving the goods the carrier shall issue a bill of lading containing specified particulars.
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A bill of l ading shall b e prima facie evidence of the
receipt by the carrier of the goods .
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OTHER CONVENTIONS
IN FORCE: NOT RATIFIED BY AUSTRALIA
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INTERNATIONAL CONVENTION RELATING TO THE LIMITATION OF THE LIABILITY OF OWNERS OF SEA-GOING SHIPS, DONE AT BRUSSELS ON OCTOBER 10 1957
PRECIS OF CONTENTS
The owner of a sea-going ship may limit his liability in respect of claims arising from loss of life, personal injury or any obligation or liability imposed by law, to the following amounts:
In respect of property claims, 1,000 francs for each ton of the
ship's tonnage. In respect of personal claims, 3,100 francs for each ton of the
ship's tonnage.
AUSTRALIAN POSITION
The present limitation of liability that may be claimed by the owner of a ship registered in Australia is that contained in the Merchant Shipping Act 1894 and obviously the limits are very much out of date.
A Bill to permit acceptance of the 1957 Convention was before Parliament at the time of the change of government last year. The Commission understands that action concerning the preparation of new legislation is presently being considered
by the Department of Transport.
INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO THE CARRIAGE OF PASSENGERS BY SEA 1961
PRECIS OF CONTENTS
Where the carrier is the owner of the carrying ship he shall exercise due diligence to make and keep the ship seaworthy and properly manned, equipped and supplied.
Where the carrier is not the owner of the ship, he
shall ensure that the shipowner or operator, as the case may be, exercise due diligence to make and keep the ship seaworthy and properly manned, equipped and supplied.
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A "carrier" includes a shipowner, charterer or operator of the ship who enters into a contract of carriage.
The liability of the carrier for the death of, or
personal injury to, a passenger shall not exceed 250,000 francs unless the carrier has acted recklessly and witH the knowledge that damage would probably result.
AUSTRALIAN POSITION
This Convention has been superseded by the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974. (See IMCO Conventions in this Report).
CONVENTION ON THE LIABILITY OF OPERATORS OF NUCLEAR SHIPS, MAY 25, 1962
PRECIS OF CONTENTS
The operator of a nuclear ship shall be absolutely liable for any nuclear damage upon proof that such damage has been caused by a nuclear incident involving the nuclear fuel of, or radioactive products or waste produced in, such ship.
The liability of the operator as regards one nuclear ship shall be limited to 1,500 million francs in respect of any one nuclear incident.
The operator shall be required to maintain insurance covering his liability for nuclear damage.
AUSTRALIAN POSITION
The Convention has not yet entered into force.
The Commission has noted that the Government has announced (June 4) that it has decided to allow the resumption of visits to Australia by nuclear powered warships. At the present time there are very few nuclear powered merchant ships. However with the increasing cost of more conventional fuel, this
situation may alter. This Convention, which deals with nuclear powered vessels generally, should be kept under close review.
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INTERNATIONAL CONVENTION FCR THE UNIFICATION OF CERTAIN RULES RELATING JO CARRIAGE OF PASSENGER LUGGAGE BY SEA, DONE AT BRUSSELS ON MAY 27, 1967
PRECIS OF CONTENTS
Where the carrier is the owner of the carrying ship he shall exercise due diligence to make and keep the ship seaworthy and properly manned, equipped and supplied.
Where the carrier is not the owner of the ship, he
shall ensure that the shipowner or operator, as the case may be, exercises due diligence to make and keep the ship seaworthy and properly manned, equipped and supplied.
A "carrier" includes a shipowner, charterer or operator of the ship who enters into a contract of carriage.
The liability of the carrier for the loss of p a ssenger luggage shall not exc s ed 10,000 francs for cabin luggage per passenger and in the case of vehicles 30,000 francs per vehicle unless the carrier has acted recklessly and with the knowledge
that damage would probably result. The liability for loss of or damage to cabin luggage shall in no case exceed 10,000 francs per passenger.
AUSTRALIAN POSITION
This Convention, which has not entered into force, was superseded by the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974. (See IMCO Conventions in this Report). '
PROTOCOL TO AMEND THE INTEKNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING, 1924 SIGNED AT BRUSSELS ON FEBRUARY 23 1968
PRECIS OF CONTENTS
The Convention states that a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods. The protocol states that "proof to the contrary shall not be admissible when the Bill of Lading has been transferred to a
third party acting in good faith". The protocol lays down that the defences and limits of liability provided for in the Convention shall apply in any action against the carrier whether the action be founded in contract or in tort.
77
It also alters the amount of the carrier's liability for goods carried and includes specified periods during which action for damages may be taken.
AUSTRALIAN POSITION
The International Convention for the Unification of Certain Rules Relating to Bills of Lading 1924 and the Protocol leave unanswered a number of questions part i cularly regarding goods shipped in containers. The Commission understands there may be a new Convention on the subject in the near future.
The Protocol has not yet entered into force. However as Australia has accepted the 1924 Convention, the Commission considers it should accept the Protocol without delay and without awaiting a possible new Convention.
INTERNATIONAL CONVENTION ON THE DUMPING OF WASTES AT SEA 1972
PRECIS OF CONTENTS
The Convention followed a Conference convened by the United Kingdom and held in London in 1972. It prohibits the deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures and
any deliberate disposal at sea of vessels, aircraft etc. except in accordance with the Convention provisions.
Attached to the Convention are three annexes showing:
(i) Matters prohibited; (ii) Matters requiring a prior special permit; (iii) Matters requiring a prior general permit before they can be dumped.
AUSTRALIAN POSITION
This Convention is of most significance to a country which is one of a number bordering a partially enclosed sea, for example in the North Sea, the Mediterranean, the Baltic etc. However it is an important Convention and the Commission understands the Department of Environment, Housing and
Community Development is giving consideration to enable its acceptance by Australia.
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INFORMATION RECEIVED
in respect of the four reports presented in June 1976
In its three previous reports the Commission has listed parties who have assisted the Commission with written submissions or discussions in respect of the subject of the report.
Because of the wide nature of the subjects of this last group of four reports, the Commission has drawn generally on all submissions and information which it has received throughout the inquiry. It would be repetitious to list particular parties in
respect of each of these reports.
The Commission gratefully acknowledges the help which has been provided to it by way of
submissions and discussions on many aspects of the facts and the views dealt with in these reports.
79 R?5/1482