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Title: Law/Legal Information/Admiralty and Maritime Law - Navigation Act 1912 The text of Australia's Navigation Act.
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NAVIGATION ACT 1912

Commonwealth Consolidated Acts

[Index][Table][Search][Search this Act][Notes][Noteup][Download][Help]NAVIGATION ACT 1912TABLE OF PROVISIONS Table of Amending Legislation Table of Amendments 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   6F. Authority may approve form   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   8AC. Expiration or revocation of declarations   8B. Ships imported into Australia deemed to be registered in Australia   9. Delegation   PART II--MASTERS AND SEAMEN Division 1--General 9A. Definitions   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 respecting qualifications and watchkeeping obligations 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 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 Division 1--General provisions applicable to 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   Division 2--Compulsory pilotage 186G. Definitions   186H. Regulations may provide for compulsory pilotage in certain circumstances   186I. Offence to navigate without a licensed pilot   186J. Licensed pilots to issue certificates   186K. Exemption from requirement to navigate with a licensed pilot   186L. Defence in proceedings for offences   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. Publication of information about ships   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   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   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. Documentary evidence of seaworthiness required for non-Safety Convention ships not registered in Australia   206W. Production of certificates or other documentary evidence   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. Loading, stowing, carriage and unloading 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 Defence 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 11 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 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   Division 12D--Air pollution 267ZT. Definitions   267ZU. Application of Division   267ZV. Regulations to give effect to Regulations 5, 6, 8, 9, 13 and 16 of Annex VI   267ZW. Air pollution prevention certificates for Australian ships   267ZX. International Air Pollution Prevention Certificates for foreign ships   267ZY. Obligation to report damage etc. to ship   267ZZ. Authority may cancel certificates   267ZZA. Ships to be surveyed periodically   267ZZB. Certificate lapses if ship ceases to be Australian ship   267ZZC. Certificates required for Australian ships   267ZZD. Certificates to be carried on board Australian ships   267ZZE. Production of certificate   267ZZF. Directions in relation to foreign ships   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--Report of movement of ships 269B. Definitions   269C. Objects of Division   269D. Regulations relating to reporting requirements   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   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 Offshore Petroleum Act 2006 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   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   377CA. Decisions under Part IIIA   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, 12C and 12D of Part IV   377J. Decisions under Part VB   377JA. Decisions under Part VI   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 physical examination or to provide samples   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. Civil liability in relation to ship under pilotage   411. Liability of master or owner under vessel traffic management arrangements   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. Ministerial orders concerning Uniform Shipping Laws Code and the NSCV   SCHEDULE 1 International Convention for the Safety of Life at Sea, 1974 SCHEDULE 2 Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974 SCHEDULE 3 Convention on the International Regulations for Preventing Collisions at Sea, 1972 SCHEDULE 4 Articles of, and Annexes to, the Load Line Convention SCHEDULE 5 International Convention for Safe Containers SCHEDULE 5A 1981 Amendments to Annex I of the International Convention for Safe Containers (CSC) SCHEDULE 8 International Convention on Tonnage Measurement of Ships, 1969 SCHEDULE 9[Index][Table][Search][Search this Act][Notes][Noteup][Download][Help]
 

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