Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Navigation Amendment (Employment of Seafarers) Bill 1998
Schedule 1 Navigation Act amendment s

   

Navigation Act 1912

1  Subsection 6(1) (definition of agreement )

Repeal the definition, substitute:

agreement has the meaning given by subsection (8).

2  Subsection 6(1) (definition of articles of agreement)

Repeal the definition.

3  Subsection 6(1) (definition of the Marine Council)

Repeal the definition.

4  Subsections 6(4A), (4B) and (4C)

Repeal the subsections.

5  At the end of section 6

Add:

             (8)  An agreement is any agreement:

                     (a)  to which an employer of a master or a seaman is a party; and

                     (b)  to which the master or the seaman is a party; and

                     (c)  which deals with terms and conditions of the master’s or the seaman’s employment.

The agreement may be between 2 persons, or more than 2 persons.

Note:          For example, an agreement may be between an employer and one other person, or between an employer and the entire crew of a ship.

6  Section 6B

Repeal the section.

7  Section 6E

Repeal the section, substitute:

6E   Proper return port

                   For the purposes of this Act, the proper return port of a master or a seaman who has been employed on a ship is:

                     (a)  the port agreed upon between the owner of the ship and the master or seaman concerned; or

                     (b)  in the absence of agreement—the port at which the master or seaman concerned shipped.

8  Section 17

Repeal the section.

9  Division 4 of Part II

Repeal the Division.

10  Division 7 of Part II

Repeal the Division.

11  Division 8 of Part II (heading)

Repeal the heading, substitute:

Division 8 Employment of sea farers

12  Section 46

Repeal the section, substitute:

46   Employment of masters and seamen

                   The owner of a ship must not permit the ship to be taken to sea unless there is an agreement in force in relation to the master and each seaman on the ship.

Penalty:  20 penalty units.

13  Sections 47 and 48

Repeal the sections.

14  Section 50

Repeal the section.

15  Section 52

Omit “, and such details of changes in,”.

16  Sections 53, 54, 55, 56 and 57

Repeal the sections.

17  Division 9 of Part II

Repeal the Division.

18  Sections 70, 71, 72, 73, 75, 75A, 76, 77, 78, 81 and 82

Repeal the sections.

19  Section 84

Repeal the section.

20  Subsection 85(1)

Omit “belonging to a ship is terminated, before the time contemplated in the seaman’s agreement,”, substitute “on a ship is terminated”.

21  Section 88

Repeal the section.

22  Section 93

Repeal the section.

23  Subsection 104(2)

Omit “, and had signed the agreement”.

24  Section 132

Repeal the section.

25  Paragraph 132A(1)(a)

Omit “or section 132”.

26  Section 132B

Repeal the section.

27  Section 138

Repeal the section.

28  Paragraph 145(1)(a)

Omit “, before the seamen lawfully leave the ship at the end of their engagement, or are discharged (whichever last happens)”.

29  Sections 148C and 148D

Repeal the sections.

30  Subsection 151(2)

Omit “, and, if the ship’s agreement will terminate at a time when the ship is outside Australia, shall,”.

31  Subsection 154(3)

Omit “or the certificate of a proper authority stating that certain seamen were shipped in the ship from a port outside Australia,”.

32  Subsection 161(2)

Repeal the subsection.

33  Subsection 163(1) (definition of distressed seaman )

Omit “discharged or”.

34  Paragraph 167(1)(a)

Repeal the paragraph.

Note:       The heading to section 167 is altered by omitting “ Agreement ” and substituting “ Official log book ”.

35  Subsections 167(2) and (3)

Repeal the subsections, substitute:

             (2)  The superintendent must return the official log book to the master within a reasonable time before the ship’s departure.

36  Subsection 171(5)

Omit “more than 24 hours after the arrival of a ship at its final port of discharge”, substitute “after the end of the prescribed period”.

37  Section 172A

Repeal the section.

38  Subsection 173(1)

Omit “on the termination of the articles of agreement of the ship”, substitute “at the time and in the manner prescribed”.

39  Subsections 184(1) and (2)

Omit “articles of”.

40  Section 209

Omit all the words from and including “while it is unseaworthy”, substitute “while it is unseaworthy or substandard”.

Note:       The heading to section 209 is altered by omitting “ claim discharge from ” and substituting “ refuse to sail on ”.

41  Section 251

Omit “, and any seaman who so declines, shall, if he or she so requests, be granted a discharge from the ship”.

42  Subsection 288(3)

Omit all the words from and including “following conditions”, substitute “condition that the seamen employed on the ship are paid wages in accordance with this Part”.

43  Subsection 288(4)

Omit “a condition referred to in paragraph (3)(a)”, substitute “the condition referred to in subsection (3)”.

44  Subsection 288(5)

Omit “conditions”, substitute “condition”.

45  Subsection 288(6)

Omit “any of the above conditions”, substitute “the condition referred to in subsection (3)”.

46  Subsection 290(1)

Omit “under section 46 between the master and those seamen”, substitute “within the meaning of section 6”.

47  Paragraphs 377C(d), (e), (f) and (g)

Repeal the paragraphs.

48  Section 424

Repeal the section.