Volume 1

This compilation was prepared on 6 December 2002

taking into account amendments up to Act No. 105 of 2002

The text of any of those amendments not in force
on that date is appended in the Notes section

Volume 1 includes: Table of Contents
Sections 1–427

Volume 2 includes: Schedule 1

Volume 3 includes: Schedules 2–9

Volume 4 includes: Table of Acts
Actnotes
Table of Amendments
Endnotes

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Part I—Introductory *

1 Short title [see Note 1] *

2 Application of Act *

2A Act to bind the Crown *

3 Act does not apply to naval ships etc. *

4 Application of provisions relating to steam-ships *

5 Application of the Criminal Code *

6 Interpretation *

6A Answering questions *

6B Desertion *

6C Incompetency and misconduct of officers *

6D Taking of ships to sea *

6E Proper return port *

7 Definition of coasting trade *

7A Ships registered in Australia *

8 Off-shore industry fixed structures, mobile units and vessels *

8A Off-shore industry vessels to which Act applies *

8AA Declaration that Act applies in relation to trading ships engaging in intra-state trade *

8AB Declarations that Act applies in relation to fishing fleet support vessels on inter-state or intra-state voyages *

8B Ships imported into Australia deemed to be registered in Australia *

9 Delegation *

Part II—Masters and seamen *

Division 1—General *

9A Interpretation *

10 Application of Part *

Division 2—Superintendents *

13 Superintendents *

Division 2A—The manning of ships *

14 Minimum complement of ships *

Division 3—Qualifications of masters, officers and seamen *

15 Regulations with respect to qualifications of masters, officers and seamen *

16 Unqualified person performing duties of master, officer or seaman *

17 Certificates to be produced *

Division 4—Supplying seamen *

32 Penalty for receiving fees for supply of seamen *

Division 7—Crew work in port *

45 Employment of crew in loading and unloading *

Division 8—Engagement of seamen *

46 Engagement of seamen *

47 Persons unsuitable for engagement *

48 Report of circumstances rendering person unsuitable for engagement *

48A Minimum age for employment at sea *

50 Period of agreements *

52 Owner or master to furnish details of crew of ship *

53 Copy of agreement to be posted up *

54 Agreements to be delivered to proper authority *

55 Erasures and alterations *

56 Offences *

57 Evidence as to agreement *

59 Obligation as to seaworthiness *

59A Abolition of defence of common employment *

59B Shipowner not entitled to limit liability in respect of certain claims *

Division 9—Discharge of seamen *

61 Provision of discharges to seamen *

62A Discharge of seamen outside Australia *

63 False discharges *

68 Offences in relation to certificates of discharge *

Division 10—Seamen’s wages *

70 Allotment of seaman’s wages *

71 Right to sue upon allotment notes *

72 Commencement of payment *

73 Allotment to banks *

75 Payment of wages on discharge *

75A Computation of wages *

76 Account of wages on discharge *

77 Time for payment of wages *

78 Wages to run on in certain cases *

81 Reference of differences to superintendent *

82 Commencement of right to wages *

83 Recovery of wages *

84 Wages not to be dependent on the earning of freight *

85 Right to conveyance and wages in case of termination of services by wreck or loss *

88 Compensation for premature discharge *

91 Jurisdiction as to wages *

93 Wages not recoverable abroad in certain cases *

94 Master’s remedies for wages *

Division 12—Discipline *

99 Conduct likely to result in danger to ship or life *

101 Smuggling by crew *

104 Stowaways and distressed seamen *

110 Return of foreign-going seaman to ship *

113 Questions as to deductions *

Division 13—Provisions *

116 Bad provisions or water *

117 Provisions adequate for voyage *

117A Adequate food catering facilities to be provided *

119 Weights and measures *

120 Inspection of provisions and water *

122 Disposal of bad provisions *

Division 14—Health *

123 Medical Inspectors of Seamen *

124 Medical examination of masters and seamen *

125 Medicines etc. to be carried on ships *

126 Inspection of medicines *

127 Owner liable for medical attendance etc. *

128 Recovery of expenses from owner *

132 Wages of seaman left on shore sick or injured *

132A Security for expenses and wages of seaman left behind *

132B Seaman left on shore to furnish address and to report for medical examination *

133 Medical practitioners and first aid attendants *

134 Regulations to give effect to the Medical Examination (Seafarers) Convention 1946 *

Division 15—Accommodation *

135 Application of Division *

136 Regulations relating to accommodation *

137 Provision of ventilation and wheel-houses *

138 Crew accommodation *

138A Ships not to go to sea without required accommodation *

138B Interpretation *

Division 16—Protection of seamen *

139 Facilities for making complaints etc. *

140 Assignment of salvage *

145 Persons unlawfully boarding, or remaining on board, ships *

147 Exemptions from serving on jury *

148 Rescission of contract *

148A Seaman not to be wrongfully left behind *

148C Wages and effects of seaman left behind *

148D Wages and effects to be held in trust *

Division 17—Property of deceased seamen *

149 Interpretation *

150 Master to take charge of money and effects *

151 Death of seamen abroad *

152 Penalty for not accounting for effects *

153 Effects of deceased seaman not left on board *

154 Recovery of wages of seaman lost with ship *

155 Property of deceased seaman to be delivered to superintendent *

155A Transmission of money and effects to Authority *

156 Right of Authority to dispose of effects of deceased seaman *

157 Wills of deceased seamen *

158 Creditors’ claims *

158A Sale of effects etc. by auction *

159 Disposal of effects when no claim *

160 Giving false evidence in connection with deceased seamen’s property *

Division 18—Relief to seamen’s families *

161 Relief of families by public institutions *

162 Reimbursement of institutions *

Division 19—Relief and maintenance of distressed seamen *

163 Interpretation *

163A Regulations may make provision for relief and maintenance of distressed seamen *

Division 20—The master *

164 All ships may be searched *

167 Agreement to be produced *

168 Documents to be handed over to master’s successor *

Division 21—The log *

171 Official log-book *

172 Offences in relation to official log-book *

172A Report of matters recorded in official log-book *

173 Delivery of official log-book *

174 Transmission of log-book to superintendent *

Part III—Foreign seamen *

177 Definition of seaman *

178 Apprehension of seaman *

180 Return to ship *

183 Proceedings at instance of consul only *

184 Proof of agreement *

185 Expenses to be paid by consul *

186 Expenses of returning foreign seamen left behind *

Part IIIA—Pilotage *

186A Application of Part *

186B Definitions *

186C Qualifications of pilots etc. *

186D Regulations may make other provisions relating to pilotage etc. *

186E Unqualified person performing duties of licensed pilot *

186F Abuse of alcohol and other drugs *

Part IV—Ships and shipping *

Division 1—General *

187 Application of Part *

187AA Issue of certificates in respect of ships to which this Act does not apply *

187A Interpretation *

187B Declaration of countries to which the Safety Convention applies *

187BA Approval of classification certificates *

187C When ships deemed to be overloaded *

187D Certificate by Minister as to amendments of the Load Line Convention *

187E Certificate by Minister as to amendments of the Safety Convention etc. *

188 Exemptions *

189 All ships liable to survey and inspection *

190 Appointment of surveyors *

190AA Powers of inspection of surveyors *

190AB *

190A Alterations etc. of ships and cancellation of certificates *

190B Regulations relating to construction, surveys etc. *

191 Regulations to give effect to Safety Convention *

191A Discretions relating to regulations giving effect to Conventions *

191B Offences with respect to subdivision load line marks *

192A Detention of ships not registered in Australia *

192B Stability information *

192C Nuclear ships *

Division 2—Surveys of steamships and survey certificates *

193 Steamships to be surveyed periodically *

194 Surveyors’ reports and declarations, and issue of certificates *

195 Duration and extension of certificates *

195A Cancellation of certificates if ship ceases to be registered in Australia *

196 Certificates to be made available for examination *

202 Overcrowding steamships *

203 Alteration of certificates with respect to number of passengers *

204 Inspection of ships exempt from survey *

204A Non-application to certain ships *

206 Operation of watertight doors etc. *

Division 2A—Sailing ships *

206B Application of Division 2 to sailing ships *

Division 2B—Issue of safety certificates *

206C Interpretation *

206D Passenger steamships—safety certificates *

206E Cargo steamships—safety construction certificates *

206F Cargo steamships—safety equipment certificates *

206G Cargo steamships—safety radio certificates *

206H Exemptions *

206J Nuclear passenger ships—safety certificates *

206K Nuclear cargo ships—safety certificates *

206L Authority may request Safety Convention countries to issue certificates *

206M Safety Convention countries may request Authority to issue certificates *

206N Duration of certificates *

206P Extension of certificates *

206PA Cancellation of certificates if ship ceases to be registered in Australia *

206Q Certificates to be made available for examination *

Division 2C—Survey and safety certificates required for ships *

206R Interpretation *

206S Certificates required for Australian passenger steamships *

206T Certificates required for Australian cargo steamships *

206U Certificates required for Australian nuclear ships *

206V Certificates required for non-Safety Convention ships not registered in Australia *

206W Production of certificates *

206X Modification of certificates *

Division 3—Unseaworthy and substandard ships *

207 Definition of seaworthy *

207A Substandard ships *

208 Sending unseaworthy ship to sea *

209 Seaman may claim discharge from unseaworthy or substandard ship *

210 Detention of unseaworthy and substandard ships *

211 Costs of detention *

212 Taking detained ship to sea *

213 Security for costs *

214 Circumstances where complainant liable for costs of detention *

Division 4—Life-saving appliances and fire protection *

215 Regulations may make provision in relation to life-saving and fire prevention *

216A Modification of certificates in respect of life-saving appliances *

217 Offences as to appliances *

Division 5—Load lines *

218 Interpretation *

219 Declaration of Load Line Convention countries *

220 Load line regulations *

221 Exemptions *

222 Issue of load line certificates *

223 Issue of exemption certificates *

224 Duration, extension and cancellation of certificates *

225 Particulars in certificate to be entered in log-book *

226 Authority may issue certificate at request of Load Line Convention country *

227 Authority may request Load Line Convention country to issue certificates *

227A Ships not to proceed to sea without load line certificates *

227B Ships not to be overloaded *

227C Detention of ships incorrectly marked *

227D Offences with respect to marks *

227E Inspection of non-Australian Load Line Convention ships *

Division 6—Signals of distress *

228 Ships to be furnished with distress signals *

229 Signals of distress and urgency *

230 Compensation for loss occasioned by improper use of signals *

Division 6A—Radio equipment *

231 Application of Division *

231A Ships to be equipped with radio installations and radio navigational aids *

231B Radio operators *

231C Maintenance and use of radio equipment and radio services *

231D Deficiency in number of operators on Safety Convention ships *

231E Log-books *

231F Regulations providing for radio installations etc. *

Division 7—Compasses *

232 Regulations *

233 Ships not to be taken to sea without proper compasses *

234 Ship unseaworthy if not equipped with proper compasses *

Division 8—Musters, drills and checks and tests of machinery and equipment *

235 Musters and drills *

236 Machinery and equipment checks and tests *

Division 9—Containers *

237 Interpretation *

238 Declaration of countries to which the Container Convention applies *

239 Certificate by Minister as to amendments of the Container Convention *

240 Regulations to give effect to the Container Convention *

241 Safety requirements and tests not required or permitted by the Container Convention not to be imposed *

Division 10—Dangerous goods, livestock, grain, deck and other cargoes *

248 Definition of dangerous goods *

249 Shipping of dangerous goods *

250 Powers of owner or master as to dangerous goods *

251 Right to decline to sail in ships carrying dangerous goods *

252 Forfeiture of dangerous goods *

253 False descriptions *

253A Carriage of dangerous goods *

254 Prohibition on carriage of cargo *

255 Notice of intention to ship *

257 Stowing and carriage of cargo *

Division 11—Collisions, loss and damage *

258 Collisions, lights and signals *

258AA Certificate by Minister as to amendments of the Prevention of Collisions Convention *

258A Careful navigation near ice *

259 Rule as to division of loss *

260 Damages for personal injuries *

261 Right of contribution *

261A Application of sections 259, 260 and 261 to naval ships *

263 Abolition of statutory presumption of fault *

264 Master to render assistance and abolition of statutory presumption of fault *

265 Obligation to render assistance *

265A Liability of charterers etc. *

Division 12—Ships carrying or using oil *

266 Interpretation *

267 Application of Division *

267A Regulations to give effect to certain Regulations of Annex I *

267B Ship construction certificates *

267C International Oil Pollution Prevention Certificates *

267D Alteration etc. of construction of ships and cancellation of certificates *

267E Ships to be surveyed periodically *

267F Cancellation of certificate if ship ceases to be registered etc. *

267G Certificates required for Australian ships *

267H Certificates to be carried on board Australian ships *

267J Production of certificates *

267K Directions in relation to foreign ships *

Division 12A—Ships carrying noxious liquid substances in bulk *

267M Interpretation *

267N Application of Division *

267P Regulations to give effect to Regulation 13 of Annex II *

267Q Chemical tanker construction certificates *

267R International Pollution Prevention Certificates for the Carriage of Noxious Liquid Substances in Bulk *

267S Alteration etc. of construction of ships and cancellation of certificates *

267T Ships to be surveyed periodically *

267U Cancellation of certificate if ship ceases to be an Australian ship *

267V Certificates required for Australian ships *

267W Certificates to be carried on board Australian ships *

267X Production of certificates *

267Y Directions in relation to foreign ships *

Division 12B—Ships carrying packaged harmful substances *

267ZA Interpretation *

267ZB Application of Division *

267ZC Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III *

Division 12C—Sewage *

267ZD Interpretation *

267ZE Application of Division *

267ZF Regulations to give effect to Regulations 3 and 11 of Annex IV *

267ZG International Sewage Pollution Prevention Certificates (1973) for Australian ships *

267ZH International Sewage Pollution Prevention Certificates (1973) for foreign ships *

267ZJ Alteration etc. of construction of ships and cancellation of certificates *

267ZK Ships to be surveyed periodically *

267ZL Cancellation of Certificate if ship ceases to be an Australian ship *

267ZM Certificates required for Australian ships *

267ZN Certificates to be carried on board Australian ships *

267ZP Production of certificates *

267ZQ Directions in relation to foreign ships *

267ZS Operation of Division *

Division 13—Report of accidents and of dangers to navigation *

268 Accidents etc. to be reported *

269 Notification of loss of ships *

269A Report of dangers to navigation *

Division 14—Reports of movements of ships *

269B Interpretation *

269C Objects of Division *

269D Extension to Territories *

269E Prescribed area *

269F Sailing plan *

269G Cancellation of sailing plan *

269H Position report *

269J Final report and report of leaving prescribed area *

269K Ships entering the prescribed area *

269L Exemption *

269N Offences *

Part V—Passengers *

270 Regulations as to passenger trade *

272 Provision for passengers wrecked *

273 Assurances in connection with passages *

274 Responsibility of owner to other persons *

275 Passenger landed elsewhere than at destination *

276 Right of action by passenger *

278 Obstructing ship or machinery *

279 Power to exclude certain persons *

280 Taking passage for lunatic, or sending lunatic on board *

281 Offences on ships by disorderly persons *

282 Offences by passengers *

Part VA—Special purpose ships and special personnel *

283 Interpretation *

283A Power to make regulations *

283B Special personnel not passengers *

Part VB—Off-shore industry vessels and off-shore industry mobile units *

283C Extension to prescribed Territories *

283D Regulations with respect to off-shore industry vessels *

283E Regulations with respect to off-shore industry mobile units *

283F Directions with respect to off-shore industry mobile units *

283G Off-shore industry vessels and mobile units not registered in Australia deemed to be registered in Australia *

283H Personnel of off-shore industry vessels and mobile units not passengers *

283J Notices by Minister as to International Maritime Organization resolutions *

283K Regulations, orders and directions inconsistent with Petroleum (Submerged Lands) Act 1967 etc. *

Part VI—The coasting trade *

284 Application of Part *

286 Permits to unlicensed ships *

287 Ships in receipt of subsidies *

288 Licensing of ships to engage in coasting trade *

289 Payment of Australian rates of wages *

290 Indorsement of rate of wages on agreement *

291 Seamen’s rights not affected by agreement *

292 Evidence of rates of wages *

293 Responsibility of master, owner and agent for compliance with Act *

293A Power to suspend provisions as to coasting trade *

Part VII—Wrecks and salvage *

Division 1—Interpretation *

294 Interpretation *

295 Powers of Customs reserved *

295A Certain provisions of Part not applicable to historic wrecks *

295B Certain provisions of Part not applicable to certain wrecks *

Division 2—Wreck *

296 Receiver where ship in distress *

297 Powers of receiver to require assistance *

298 Power to pass over private land to assist at wreck *

299 Power of receiver to suppress plunder and disorder by force *

300 Exercise of powers when receiver absent *

301 Examination on oath as to wrecks *

302 Finding or taking possession of wreck *

303 Penalty for retaining possession of wreck *

304 Notice to be posted in Customs-house *

305 Claim of owner to wreck *

306 Sale of wreck by receiver *

307 Expenses connected with wreck *

308 Right of Commonwealth *

309 Sale of unclaimed wreck by receiver *

310 Discharge of receiver from liability *

311 Disputes as to title to wreck *

312 Taking wreck out of Australia *

313 Boarding ship in distress without authority *

314 Offences as to wreck *

314A Removal of wrecks on or near coast *

Division 3—Salvage *

315 Certain provisions of Salvage Convention to have force of law *

316 Application of this Division *

317 Application of section 2 to this Division *

317A Assistance to persons in danger at sea *

329B Salvage claims against the Crown [see Note 2] *

329C Salvage claims by the Crown *

Part VIII—Exclusion of shipowners’ liability *

Division 2—Exclusion of liability *

338 Ship owner not to be liable in certain cases of loss of, or damage to, goods *

Part IXA—Review of decisions *

377B Decisions under Part I *

377C Decisions under Part II *

377D Principal decisions under Part IV in relation to certificates and exemptions *

377E Other decisions under Division 1 of Part IV *

377F Other decisions under Division 3 of Part IV *

377G Other decisions under Divisions 4, 5, 6A and 10 of Part IV *

377H Other decisions under Divisions 12, 12A and 12C of Part IV *

377J Decisions under Part VB *

377K Decisions under Part XA *

377L Decisions under Part XI *

377M Statements to accompany notices *

Part X—Legal proceedings *

Division 1—Jurisdiction *

378 Place where deemed to have been committed *

379 Presumption of jurisdiction *

380 Jurisdiction over ships lying off coast *

384 Action against official *

Division 2—Offences *

385 Definitions *

386 General offences *

386A Impairment of person’s capacity to carry out duties as master or seaman *

386B Unacceptable blood alcohol content *

386C Master or seaman may be required to undergo examination or to provide samples *

386D Refusal to provide sample of breath for analysis *

386E Refusal to submit to medical examination *

386F Consumption of alcohol before undergoing examination etc. *

386G Medical drugs *

386H Permitting or requiring performance of duties by impaired person *

386J Regulations *

387 Hindering or interfering with masters or officers *

387A Persuading or inciting breach of agreement *

388 Being on board a ship unlawfully *

389 False declarations etc. *

389A Offences in connection with certificates *

391 Beneficial owners subject to pecuniary penalties *

Division 3—Prosecution and penalties *

395A Proceedings against Corporations *

396 Limitation of actions *

397 Offences against certain provisions of Act and regulations *

399 Distress and sale of ships *

Division 4—Evidence and service *

400 Production of depositions *

401 Proof of certificates and other documents *

402 Evidence as to execution *

403 Admissibility of documents in evidence *

403A Evidence in proceedings *

404 Service of summons *

405 Service of notice where there is no master *

Division 5—Proceedings against the Crown *

405A Proceedings against the Crown *

Part XA—Tonnage measurement of ships *

405B Interpretation *

405C Declaration of countries to which the Tonnage Measurement Convention applies *

405D Certificate by Minister as to amendments of Convention *

405E Tonnage measurement regulations *

405F Issue of tonnage measurement certificates *

405G Extension and cancellation of certificates *

405H Tonnage Measurement Convention country may request Authority to issue certificate *

405J Authority may request Tonnage Measurement Convention country to issue certificate *

405K Power of inspection of surveyors *

405M Register tonnage of non-Convention ships *

405N Tonnage of non-Convention ships to be measured in certain cases *

405P Assignment of other tonnages to non-Convention ships *

Part XI—Miscellaneous *

407 Application of penalties and moneys *

410 Copy of act to be kept on certain ships *

410A Charts *

410B Liability of master or owner of ship under pilotage *

412 Search of vessels *

413 Powers of Minister *

414 Detention of ships *

415 Taking official to sea *

416 Refusal of clearance *

417 Births, deaths etc. *

418A Security *

419 Seal *

421 Power of exemption *

424 Marine Council *

425 Regulations *

426A Power to provide in orders for review of decisions *

427 Orders by Minister as to Uniform Shipping Laws Code *

An Act relating to Navigation and Shipping

Part I—Introductory

1 Short title [see Note 1]

This Act may be cited as the Navigation Act 1912.

2 Application of Act

(1) Except in so far as the application of this section is expressly excluded by a provision of this Act, this Act does not apply in relation to:

(a) a trading ship proceeding on a voyage other than an overseas voyage or an inter-State voyage;

(b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage;

(ba) a fishing fleet support vessel proceeding on a voyage other than an overseas voyage;

(c) an inland waterways vessel; or

(d) a pleasure craft;

or in relation to its owner, master or crew.

(2) A ship shall, for the purposes of this section, be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.

(3) A voyage of an Australian fishing vessel, being a ship that is regularly engaged in making voyages from a port or ports in Queensland, commencing at a port in that State and ending at the same port or another port in that State shall not be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea.

(4) A ship’s voyage is to be taken not to be an overseas voyage for the purposes of this Act if the voyage:

(a) commences in a port in an external Territory; and

(b) ends at a port in that Territory.

2A Act to bind the Crown

This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.

3 Act does not apply to naval ships etc.

Except where the contrary intention appears, this Act does not apply to or in relation to a ship belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a country other than Australia.

4 Application of provisions relating to steam-ships

The provisions of this Act relating to steam-ships shall apply, with such modifications as are prescribed, to ships propelled by electricity or other mechanical power.

5 Application of the Criminal Code

Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

6 Interpretation

(1) In this Act, unless the contrary intention appears:

agreement, in relation to a ship, means the agreement between the master of the ship and the crew of the ship and, in relation to a seaman belonging to a ship, means the agreement between the master of the ship and the seaman.

articles of agreement has the same meaning as agreement.

Australian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under subsection 4(2) of the Fisheries Management Act 1991 is in force.

Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.

bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959.

Collector means a Collector of Customs or other principal officer of Customs doing duty at a port under the Customs Act.

Commonwealth authority means an authority or body, whether a body corporate or not, established or incorporated for a public purpose by a law of the Commonwealth or of a Territory (other than the Northern Territory), and includes a body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a body corporate in which the Commonwealth has a controlling interest.

Commonwealth ship means a ship:

(a) that belongs to the Commonwealth or to a Commonwealth authority;

(b) the beneficial interest in which is vested in the Commonwealth or in a Commonwealth authority; or

(c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a Commonwealth authority;

but does not include a ship:

(d) that belongs to ANL Limited;

(e) the beneficial interest in which is vested in ANL Limited; or

(f) that is for the time being demised or sub-demised to, or in the exclusive possession of, ANL Limited.

consul includes:

(a) ambassador, high commissioner, commissioner or other head of mission;

(b) minister;

(c) chargé d’affaires; and

(d) counsellor, secretary or attaché of an embassy or other mission.

Co-ordinated Universal Time means Co-ordinated Universal Time as determined by the International Bureau of Weights and Measures.

diplomatic or consular representative of Australia means a person appointed to hold, or to act in, any of the following offices (being an office of the Commonwealth) in a country or place outside Australia:

(a) ambassador;

(b) minister;

(c) head of mission;

(d) chargé d’affaires;

(e) counsellor, secretary or attaché of an embassy, legation or other post; and

(f) consul.

discharge means the certificate of discharge given to a seaman upon his or her discharge from a ship.

effects includes documents.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

equipment, in relation to a ship, includes every thing or article belonging to or to be used in connexion with, or necessary for the navigation and safety of, the ship and, in particular, includes boats, tackle, pumps, apparel, furniture, life-saving appliances, spars, masts, rigging, sails, fog signals, lights, signals of distress, signalling lamps, pilot ladders, radio equipment, medicines, medical and surgical stores and appliances, fire prevention, detecting and extinguishing appliances, inert gas systems, echo-sounding devices, mechanical pilot hoists, buckets, compasses, charts, axes, lanterns and gear and apparatus for loading or unloading, or otherwise handling, cargo.

fish includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.

fishing fleet support vessel means:

(a) a ship that is used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels; or

(b) a ship that:

(i) is not a ship to which paragraph (a) applies; and

(ii) is being used in support of the fishing operations of an Australian fishing vessel or vessels; and

(iii) is not covered by a declaration under subsection (1C); or

(c) a ship that:

(i) is in the course of construction; and

(ii) is intended to be used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels;

but does not include:

(d) a Commonwealth ship; or

(e) an inland waterways vessel.

Note: for in support of fishing operations see subsection (1B).

fishing operations means:

(a) the taking, catching or capturing of fish for trading or manufacturing purposes; and

(b) the processing or carrying of the fish that are taken, caught or captured.

fishing vessel means:

(a) a ship that is used wholly or principally for fishing operations; or

(b) a ship that:

(i) is in the course of construction; and

(ii) is intended to be used wholly or principally for fishing operations;

but does not include:

(c) a Commonwealth ship; or

(d) an inland waterways vessel.

Government ship means a ship:

(a) that belongs to the Commonwealth or a State or Territory;

(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or

(c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a State or Territory;

and includes a ship that belongs to an arm of the Defence Force, but does not include a ship:

(d) that belongs to a trading corporation that is an authority or agency of the Commonwealth or of a State or of a Territory;

(e) the beneficial interest in which is vested in such a trading corporation; or

(f) that is for the time being demised or sub-demised to, or in the exclusive possession of, such a trading corporation.

Great Barrier Reef Region has the same meaning as in the Great Barrier Reef Marine Park Act 1975.

harbour means a harbour properly so called, whether natural or artificial, and includes an estuary, navigable river, creek, channel, haven, roadstead, dock, pier, jetty or other work in or at which ships can obtain shelter or ship and unship goods or passengers.

inland waterways vessel means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly in waters other than waters of the sea, but does not include a Commonwealth ship.

inter-State voyage, in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:

(a) a port in a State and a port in another State;

(b) a port in a State and a port in a Territory; or

(c) a port in a Territory and a port in another Territory;

whether or not the ship travels between 2 or more ports in any one State or Territory in the course of the voyage.

justice means Justice of the Peace.

master means a person having command or charge of a ship.

Medical Inspector of Seamen means a person appointed under section 123 to be a Medical Inspector of Seamen.

nuclear ship means a ship provided with a nuclear power plant.

officer means the master, a mate or an engineer of a ship.

officer of Customs means a person who is an officer for the purposes of the Customs Act.

officer of police means a member or special member of the Australian Federal Police or a member of the police force of a State or of a Territory.

official means a superintendent, a surveyor, a Medical Inspector of Seamen or any other person, including a Collector or other officer of Customs, required to perform functions or discharge duties for the purposes of this Act.

official log-book, in relation to a ship, means the official log-book kept by the master of the ship in pursuance of section 171 or in pursuance of the law of a country other than Australia.

order means an order made under this Act.

overseas voyage, in relation to a ship, means a voyage in the course of which the ship travels between:

(a) a port in Australia and a port outside Australia;

(b) a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;

(c) a port outside Australia and a place in the waters of the sea above the continental shelf of Australia;

(d) a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia;

(e) ports outside Australia; or

(f) places beyond the continental shelf of Australia;

whether or not the ship travels between 2 or more ports in Australia in the course of the voyage.

passenger means a person carried on board a ship with the knowledge or consent of the owner, charterer, agent or master of the ship, not being:

(a) a person employed or engaged in any capacity on board the ship on the business of the ship;

(b) a person on board the ship in pursuance of an obligation imposed on the master by any law (including a law of a country other than Australia) to assist shipwrecked, distressed or other persons or by reason of circumstances that could not have been prevented or forestalled by the owner, charterer, agent or master of the ship; or

(c) a child under the age of one year.

pilot means a person who does not belong to, but has the conduct of, a ship.

pleasure craft means a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly for recreational or sporting activities (whether or not let, or intended to be let, for hire or reward or consideration of any kind), but does not include a Commonwealth ship or an inland waterways vessel.

port includes place and harbour.

proper authority means:

(a) a superintendent;

(b) in relation to a prescribed country:

(i) a person who, under the law of that country, has powers, duties and functions similar to the powers, duties and functions of a superintendent under this Act; or

(ii) a diplomatic or consular representative of Australia or a consul of a prescribed country; or

(c) in relation to a foreign country other than a prescribed country—a diplomatic or consular representative of Australia or a consul of a prescribed country.

radio equipment includes radio navigational aid equipment.

sea includes any waters within the ebb and flow of the tide.

seaman means a person employed or engaged in any capacity on board a ship on the business of the ship, other than:

(a) the master of the ship;

(b) a pilot; or

(c) a person temporarily employed on the ship in port.

ship means any kind of vessel used in navigation by water, however propelled or moved, and includes:

(a) a barge, lighter or other floating vessel;

(b) an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;

(c) an off-shore industry mobile unit;

but (except in Part IIIA, in section 192B, in Division 1, 3, 4, 5, 6, 10, 11 or 13 of Part IV, in Part VII or IX, in Division 1, 3 or 4 of Part X or in Part XI) does not include an off-shore industry mobile unit that is not self-propelled.

superintendent means a superintendent appointed under section 13.

survey authority means a corporation or association for the survey of shipping, approved by the Authority, in writing, for the purposes of this definition.

surveyor means a person appointed to be a surveyor under section 190.

the Court, in relation to proceedings under this Act, means the court exercising jurisdiction in respect of those proceedings.

the Customs Act means the Customs Act 1901-1966.

the Marine Council means the Marine Council established under section 424.

the regulations, except in sections 425 and 426 or to the extent that the regulations provide otherwise, includes orders made under this Act or pursuant to the regulations.

this Act includes the regulations and, except to the extent that the regulations provide otherwise, includes orders made under this Act.

trading ship means a ship that is used, or, being a ship in the course of construction, is intended to be used, for, or in connection with, any business or commercial activity and, without limiting the generality of the foregoing, includes a ship that is used, or, being a ship in the course of construction, is intended to be used, wholly or principally for:

(a) the carriage of passengers or cargo for hire or reward; or

(b) the provision of services to ships or shipping, whether for reward or otherwise;

but does not include a Commonwealth ship, a fishing vessel, a fishing fleet support vessel, an off-shore industry mobile unit, an off-shore industry vessel to which this Act applies, an inland waterways vessel or a pleasure craft.

wages includes emoluments.

(1A) For the purposes of this section, a ship that has been launched, but has not been completed and delivered under the relevant building contract, shall be deemed to be a ship in the course of construction.

(1B) For the purposes of this Act, activities in support of the fishing operations of a fishing vessel include:

(a) the storage and transport of fish taken, caught or captured by the fishing vessel; and

(b) the provision of food, fuel and other supplies to the fishing vessel while it is engaged in fishing operations; and

(c) the transport of crew members to and from the fishing vessel while it is engaged in fishing operations.

(1C) The Authority may declare, in writing, that a class of ships specified in the declaration are not to be taken to be fishing fleet support vessels under paragraph (b) of the definition of fishing fleet support vessel in subsection (1).

(2) A reference in this Act to failure to do an act or thing shall be read as including a reference to refusal or neglect to do that act or thing.

(4) Unless the contrary intention appears, a reference in this Act (except in Division 3 or 4 of Part VII) to the owner of a ship shall, in the case of a ship that is operated by a person other than the owner, be read as including a reference to the operator.

(4A) Where, in pursuance of articles of agreement, a person becomes a member of the crew of a ship, he or she is to, until he or she ceases to be a member of the crew of the ship, be deemed, for the purposes of this Act, to belong to the ship.

(4B) A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall be deemed, for the purposes of this Act, to cease to belong to the ship and does not again belong to the ship until he or she again becomes a member of the crew of the ship.

(4C) A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall not be taken to have been discharged from the ship.

(5) Unless the contrary intention appears, a reference in a provision of this Act to a prescribed country shall be read as a reference to a country prescribed for the purposes of that provision, and includes:

(a) a colony, overseas territory or protectorate of a country so prescribed; and

(b) a territory for the international relations of which a country so prescribed is responsible.

(6) Unless the contrary intention appears, a reference in this Act to the certificates of a master, officer or seaman shall be read as a reference to the certificates or other documents issued under, or having effect for the purposes of, this Act that are evidence that the master, officer or seaman, as the case may be, is a qualified master, officer or seaman, as the case may be, of any designation.

(7) For the purposes of this Act, a port in the Great Barrier Reef Region shall be taken to be a port in Australia.

6A Answering questions

A person who, by this Act, is required to answer a question asked under or for the purposes of this Act shall be deemed not to have complied with that requirement unless he or she answers the question truly to the best of his or her knowledge, information and belief.

6B Desertion

For the purposes of this Act, a seaman has deserted from his or her ship:

(a) if the seaman is absent from his or her ship with the intention of not returning to the ship; or

(b) if the seaman is absent from his or her ship for a continuous period exceeding 48 hours without leave, lawful cause or reasonable excuse.

6C Incompetency and misconduct of officers

For the purposes of this Act:

(a) an officer is incompetent if he or she is inefficient in the performance of any of his or her duties as an officer; and

(b) an officer is guilty of misconduct if he or she is guilty of careless navigation, drunkenness, tyranny, improper conduct or, without reasonable cause or excuse, failure of duty.

6D Taking of ships to sea

(1) For the purposes of this Act but subject to subsection (2), a ship shall be deemed to have been taken or sent to sea, or to have gone or proceeded to sea, if the ship has been got under way for the purpose of:

(a) going to sea;

(b) plying or running; or

(c) proceeding on a voyage.

(2) A ship shall not be deemed, for the purposes of this Act, to have been taken or sent to sea, or to have gone or proceeded to sea, by reason only that the ship has been got under way for the purpose of moving the ship from one berth or place in a port to another berth or place in the port.

6E Proper return port

(1) For the purposes of this Act, but subject to subsection (2):

(a) the proper return port of a master who has been engaged for service on a ship is:

(i) such port as is agreed upon between the owner of the ship and the master; or

(ii) in the absence of agreement—the port at which the master shipped; and

(b) the proper return port of a seaman who has been engaged for service on a ship is:

(i) such port as is agreed upon between the master of the ship and the seaman, either in the seaman’s agreement or otherwise; or

(ii) in the absence of agreement—the port at which the seaman shipped.

(2) A master or seaman and the owner of a ship may agree to refer a question which has arisen between them as to the proper return port of the master or seaman to a proper authority for his or her decision.

(3) Section 81 applies to and in relation to such an agreement as if it were an agreement to which that section applies and the reference in that section to a superintendent were a reference to a proper authority.

7 Definition of coasting trade

(1) A ship shall be deemed to be engaged in the coasting trade, within the meaning of this Act, if it takes on board passengers or cargo at any port in a State, or a Territory, to be carried to, and landed or delivered at, any other port in the same State or Territory or in any other State or other such Territory:

Provided that a ship shall not be deemed to be engaged in the coasting trade by reason of the fact that it carries:

(a) passengers who hold through tickets to or from a port beyond Australia and the Territories; or

(b) cargo consigned on a through bill of lading to or from a port beyond Australia and those Territories and which is not transhipped to or from any ship trading exclusively in Australian waters which is not licensed under this Act; or

(c) mails between any ports in Australia or in any of those Territories; or

(d) as a passenger:

(i) the owner of the ship or a person who is a servant, or a member of the family, of the owner of the ship; or

(ii) a pilot who is proceeding from his or her home station for the purpose of meeting a ship requiring the pilot’s services or is returning to his or her home station after piloting a ship:

Provided further that the Governor-General may by order declare that the carrying of passengers or cargo between ports in any Territory, or between ports in any such Territory and any other Australian ports, or ports in any other such Territory shall not be deemed engaging in the coasting trade.

(2) In this section, owner, in relation to a ship, includes a person who is the manager or secretary of a body corporate which is the owner of the ship.

7A Ships registered in Australia

A reference in this Act to a ship registered in Australia shall be read as a reference to a ship registered under the Shipping Registration Act 1981 and as including a reference to a ship that is required to be registered under that Act but is not so registered.

8 Off-shore industry fixed structures, mobile units and vessels

(1) In this section:

Australia includes such of the external Territories as are prescribed for the purposes of this section.

Australian coastal sea means:

(i) the territorial sea of Australia; and

(ii) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory.

natural resources means the mineral and other non-living resources of the seabed and its subsoil.

(2) A reference in this Act to an off-shore industry fixed structure shall be read as a reference to a structure (including a pipeline) that:

(a) is fixed to the seabed and is not able to move or be moved as an entity from one place to another; and

(b) is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

(i) the continental shelf of Australia;

(ii) the seabed of the Australian coastal sea; and

(iii) the subsoil of that seabed.

(3) A reference in this Act to an off-shore industry mobile unit shall be read as a reference to:

(a) a vessel that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

(i) the continental shelf of Australia;

(ii) the seabed of the Australian coastal sea; and

(iii) the subsoil of that seabed;

by drilling the seabed or its sub-soil, or by obtaining substantial quantities of material from the seabed or its sub-soil, with equipment that is on or forms part of the vessel;

(b) a structure (not being a vessel) that:

(i) is able to float or be floated;

(ii) is able to move or be moved as an entity from one place to another; and

(iii) is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

(A) the continental shelf of Australia;

(B) the seabed of the Australian coastal sea; and

(C) the subsoil of that seabed;

by drilling the seabed or its sub-soil, or by obtaining substantial quantities of material from the seabed or its sub-soil, with equipment that is on or forms part of the structure; or

(c) a barge or like vessel fitted with living quarters for more than 12 persons and used or intended for use wholly or primarily in connection with the construction, maintenance or repair of off-shore industry fixed structures.

(4) A reference in this Act to an off-shore industry vessel shall be read as a reference to:

(a) a ship (not being an off-shore industry mobile unit) that is used or intended for use wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the natural resources of any or all of the following, namely:

(i) the continental shelf of Australia;

(ii) the seabed of the Australian coastal sea; and

(iii) the subsoil of that seabed; or

(b) any other ship (not being an off-shore industry mobile unit, or a ship, or a ship included in a class of ships, declared by the Minister, by instrument in writing, to be a ship or a class of ships, as the case requires, to which this paragraph does not apply) at any time when it is being so used.

(5) A vessel or other structure that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (3)(a) or subparagraph (3)(b)(iii) shall not be taken not to be an off-shore industry mobile unit by reason only that the vessel or other structure is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources.

(6) A barge or like vessel that is used or intended for use in connection with the construction, maintenance or repair of off-shore industry fixed structures shall not be taken not to be an off-shore industry mobile unit by reason only that the vessel is also used or intended for use in connection with the construction, maintenance or repair of other structures.

(7) A ship that is used or intended for use in, or in any operations or activities associated with or incidental to, exploring or exploiting natural resources referred to in paragraph (4)(a) shall not be taken not to be an off-shore industry vessel by reason only that the ship is also used or intended for use in, or in operations or activities associated with or incidental to, exploring or exploiting other natural resources.

8A Off-shore industry vessels to which Act applies

(1) The owner of an off-shore industry vessel may apply to the Authority for a declaration under subsection (2) in relation to the off-shore industry vessel.

(2) The Authority may, in writing, declare the off-shore industry vessel to be an off-shore industry vessel to which this Act applies.

(3) A reference in this Act to an off-shore industry vessel to which this Act applies is a reference to an off-shore industry vessel in relation to which a declaration under subsection (2) is in force.

8AA Declaration that Act applies in relation to trading ships engaging in intra-state trade

(1) The owner of a trading ship may apply to the Authority for a declaration under subsection (2) in relation to the ship.

(2) The Authority may, in writing, declare that this Act applies in relation to the ship even when the ship is proceeding on a voyage other than an overseas voyage or an inter-state voyage.

(3) The declaration has effect despite section 2.

(4) The Authority must revoke the declaration on the application of the owner of the ship.

(5) If a declaration under subsection (2) is in force in relation to a trading ship, then, for the purposes of this Act, the ship is to be taken not to be a ship referred to in subsection 2(1).

8AB Declarations that Act applies in relation to fishing fleet support vessels on inter-state or intra-state voyages

(1) Despite section 2, the Minister may declare in writing that this Act applies to a fishing fleet support vessel proceeding on a voyage that is not an overseas voyage.

(2) If a declaration under subsection (1) is in force in relation to a fishing fleet support vessel, the ship is taken not to be a ship referred to in paragraph 2(1)(ba).

8B Ships imported into Australia deemed to be registered in Australia

(1) Subject to subsection (2) and except where the contrary intention appears, the provisions of this Act apply in relation to a ship (other than an off-shore industry vessel or an off-shore industry mobile unit) not registered in Australia that has been imported into Australia within the meaning of the Customs Act 1901 as if it were registered in Australia and were not registered in any other country.

(2) The Minister or the Authority may, by instrument in writing, direct that, in relation to a ship, or ships included in a class of ships, specified in the direction, subsection (1) does not have effect or does not have effect in respect of a provision or provisions of this Act specified in the direction.

(3) A direction under subsection (2):

(a) is subject to such conditions (if any) as are specified in the direction; and

(b) may be confined to a particular period or to one or more particular voyages or operations.

(4) If a condition that is applicable to a ship by virtue of a direction under subsection (2) is contravened, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $2,000.

(5) An offence under subsection (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

9 Delegation

(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers or functions under this Act, other than this power of delegation.

(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister.

(3) A delegation under this section does not prevent the exercise of a power or performance of a function by the Minister.

 

Part II—Masters and seamen

Division 1—General

9A Interpretation

In this Part, ship does not include a barge, lighter or other floating vessel that is not self-propelled.

10 Application of Part

Except so far as the contrary intention appears, this Part applies only to:

(a) a ship registered in Australia;

(b) a ship (other than a ship registered in Australia) engaged in the coasting trade; or

(c) a ship (other than a ship registered in Australia or engaged in the coasting trade) of which the majority of the crew are residents of Australia and which is operated by any of the following (whether or not in association with any other person, firm or company, being a person, firm or company of any description), namely:

(i) a person who is a resident of, or has his or her principal place of business in, Australia;

(ii) a firm that has its principal place of business in Australia; or

(iii) a company that is incorporated, or has its principal place of business, in Australia;

and to the owner, master and crew of such a ship.

 

Division 2—Superintendents

13 Superintendents

The Authority may, in writing, appoint a person to be a superintendent.

 

Division 2A—The manning of ships

14 Minimum complement of ships

(1) Subject to this section, the Authority may, having regard to such principles as are prescribed for the purposes of this subsection, by order, require a ship, or each ship included in a class of ships, to carry a qualified master of a specified designation and to carry not less than:

(a) a specified number of qualified officers of specified designations; and

(b) a specified number of qualified seamen of specified designations.

(3) The Authority is not to exercise its powers under subsection (1) except to the extent that it appears to it necessary or expedient in the interests of safety or the protection of the marine environment.

(4) An order under subsection (1) may require a ship, or each ship included in a class of ships, to carry a master of a different designation and to carry different crews:

(a) for different voyages;

(b) for the carriage of different cargoes;

(c) for the performance (whether in port or at sea) of different operations done by, or in relation to, the ship; and

(d) according to whether the ship is in port or at sea.

(5) Nothing in this section shall be construed as preventing more than one order under subsection (1) from applying in relation to a ship.

(6) The Authority may, by instrument in writing, exempt a ship, or ships included in a class of ships, from the application of an order under subsection (1).

(7) An exemption under subsection (6):

(a) is subject to such conditions (if any) as are specified in the exemption; and

(b) may be confined to a particular period or to one or more particular voyages or operations.

(8) If an order under subsection (1) is contravened in relation to a ship, or a condition that is applicable to a ship by virtue of an exemption under subsection (6) is contravened, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $2,000.

(8A) An offence under subsection (8) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(9) Where a ship does not carry a master of such designation, and such officers and seamen, as it is required to carry by virtue of an order under subsection (1) or the conditions of an exemption under subsection (6):

(a) the Authority may cause the ship to be detained for the purpose of preventing it from going to sea; or

(b) the Authority may, by notice in writing addressed to the master or owner of the ship and served in accordance with the regulations, require that a specified operation by, or in relation to, the ship shall not commence or shall cease within a time specified in the notice, as the case may be.

(10) Nothing in this section shall be construed as preventing the service under paragraph (9)(b) of more than one notice in respect of a ship.

(11) If a notice under paragraph (9)(b) is contravened in relation to a ship, the master and owner of the ship are each guilty of a further offence punishable on conviction by a fine not exceeding $5,000.

(11A) An offence under subsection (11) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(12) Section 426 applies to orders made under subsection (1) of this section.

(13) In the preceding provisions of this section, a reference to a ship shall be read as including a reference to a ship that is intended to be constructed or is in the course of construction and, in either case, is intended to become a ship of a kind referred to in paragraph 10(a), (b) or (c).

 

Division 3—Qualifications of masters, officers and seamen

15 Regulations with respect to qualifications of masters, officers and seamen

(1) The regulations may specify standards of competence to be attained and other conditions to be satisfied, or specify conditions to be satisfied, by a person in order to be a qualified master, officer or seaman of any designation for the purposes of this Act.

(2) Without limiting the generality of subsection (1), the conditions specified in regulations made for the purposes of that subsection may include conditions as to age, character, health, nationality, citizenship or residence, and regulations made for the purposes of that subsection may make provision for and in relation to:

(a) the manner in which:

(i) the attainment of a standard; or

(ii) the satisfaction of a condition;

is to be evidenced, including, in particular, the obtaining of certificates and other documents to be held by masters, officers and seamen as evidence that they are qualified masters, officers or seamen of particular designations for the purposes of this Act;

(b) the issue, recall, surrender, replacement, form and recording of such certificates and other documents;

(c) the duration, variation, renewal, suspension and cancellation of such certificates and other documents;

(d) the instruction, training and examination of masters, officers and seamen, including the gaining of sea service and other experience, and the conduct of examinations, the conditions for admission to examinations and the appointment and remuneration of examiners;

(e) the recognition, for the purposes of this Act, in whole or in part and whether conditionally or unconditionally, of certificates and other documents granted or issued to or in respect of masters, officers and seamen under the laws of a State or Territory or of a country other than Australia;

(f) the reconsideration of decisions made under regulations made for the purposes of subsection (1) or under orders made in pursuance of regulations made by virtue of paragraph (h) of this subsection;

(g) the exemption of persons, in whole or in part and whether conditionally or unconditionally, from any requirement in relation to which provision is made by the regulations made for the purposes of subsection (1).

(3) In subsection (2), deci