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[Browse Databases] [Alphabetical Index] ['Na' Index] [Download Act] [Search Act] NAVIGATION ACT 1912 !!!The following amendments (No. 17, 2006 and No. 24, 2006 and No. 109, 2006 and No. 138, 2006) have not been incorporated. - List of Sections
Section
Compilation Information Contents Long Title NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 NAVIGATION ACT 1912 9A.
Interpretation
10.
Application of Part
NAVIGATION ACT 1912 13.
Superintendents
NAVIGATION ACT 1912 14.
Minimum complement of ships
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 32.
Penalty for receiving fees for supply of seamen
NAVIGATION ACT 1912 45.
Employment of crew in loading and unloading
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 61.
Provision of discharges to seamen
62A.
Discharge of seamen outside Australia
63.
False discharges
68.
Offences in relation to certificates of discharge
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 161.
Relief of families by public institutions
162.
Reimbursement of institutions
NAVIGATION ACT 1912 163.
Interpretation
163A.
Regulations may make provision for relief and maintenance of distressed seamen
NAVIGATION ACT 1912 164.
All ships may be searched
167.
Agreement to be produced
168.
Documents to be handed over to master's successor
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 NAVIGATION ACT 1912 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.
No Title
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
NAVIGATION ACT 1912 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.
NAVIGATION ACT 1912 206B.
Application of Division 2 to sailing ships
NAVIGATION ACT 1912 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
206GA.
Cargo steamships—safety 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 228.
Ships to be furnished with distress signals
229.
Signals of distress and urgency
230.
Compensation for loss occasioned by improper use of signals
NAVIGATION ACT 1912 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.
NAVIGATION ACT 1912 232.
Regulations
233.
Ships not to be taken to sea without proper compasses
234.
Ship unseaworthy if not equipped with proper compasses
NAVIGATION ACT 1912 235.
Musters and drills
236.
Machinery and equipment checks and tests
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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.
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 267ZA.
Interpretation
267ZB.
Application of Division
267ZC.
Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III
NAVIGATION ACT 1912 267ZD.
Interpretation
267ZE.
Application of Division
267ZF.
Regulations to give effect to Regulations 4, 9 and 10 of Annex IV
267ZG.
International Sewage Pollution Prevention Certificates for Australian ships
267ZH.
International Sewage Pollution Prevention Certificates for foreign ships
267ZJ.
Alteration etc. of construction of ships and cancellation of certificates
267ZK.
Ships to be surveyed periodically
267ZL.
Cancellation of sewage 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
NAVIGATION ACT 1912 268.
Accidents etc. to be reported
269.
Notification of loss of ships
269A.
Report of dangers to navigation
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 283.
Interpretation
283A.
Power to make regulations
283B.
Special personnel not passengers
NAVIGATION ACT 1912 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.
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 NAVIGATION ACT 1912 338.
Ship owner not to be liable in certain cases of loss of, or damage to, goods
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 NAVIGATION ACT 1912 378.
Place where deemed to have been committed
379.
Presumption of jurisdiction
380.
Jurisdiction over ships lying off coast
384.
Action against official
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 395A.
Proceedings against Corporations
396.
Limitation of actions
397.
Offences against certain provisions of Act and regulations
399.
Distress and sale of ships
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 405A.
Proceedings against the Crown
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 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
NAVIGATION ACT 1912 NAVIGATION ACT 1912 NAVIGATION ACT 1912 NAVIGATION ACT 1912 NAVIGATION ACT 1912 NAVIGATION ACT 1912 NAVIGATION ACT 1912 NAVIGATION ACT 1912 NAVIGATION ACT 1912 Note 2 Table A [Browse Databases] [Alphabetical Index] ['Na' Index] [Download Act] [Search Act] [Back to top]