Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p38
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 95228–97976

may undertake, on provision of reasonable notice, an audit to determine whether the service complies with the conditions of registration; and
(b) the service may charge a fee for a service to a seafarer only if it is for obtaining any of the following:
 (i) a medical certificate of fitness in accordance with Marine Order 76 (Health — medical fitness) 2017;
 (ii)  a seafarer's qualification in accordance with Marine Order 70 (Seafarer certification) 2014;
 (iii) a national seafarer's record book;
 (iv) a passport;
 (v) a travel document, other than a visa, that is necessary for the duties that the seafarer is going to undertake; and
(c) the service must have a register of persons recruited or placed, that includes information on:
 (i) the seafarer's medical examination; and
 (ii) the seafarer's identity documents; and
 (iii) any fees charged under paragraph (b); and
 (iv) other items that the seafarer has to provide to get employment; and
(d) the service must keep the following records about persons recruited or placed to work on a vessel:
 (i) the seafarer's qualifications;
 (ii) the seafarer's record of employment;
 (iii) personal data relevant to employment;
 (iv) medical data relevant to employment; and
(e) for each seafarer for whom it provides services, the service must ensure that:
 (i) the seafarer is qualified to carry out the duties for which he or she is employed; and
 (ii) the seafarer holds the documents necessary for the work; and
 (iii) the seafarer's work agreements are in accordance with law that applies to them; and
(f) the service must:
 (i) ensure that certificates and documents submitted for employment are up to date; and
 (ii) verify employment references; and
 (iii) keep a record of each vessel for which the service provides the seafarer recruitment and placement service; and
 (iv) ensure that there is a means by which the services can be contacted in an emergency at all hours; and
 (v) investigate any complaint about its activities and tell AMSA if a complaint is unresolved; and
 (vi) not deduct wages paid as a result of any reimbursement of wages to a seafarer when an underpayment has been identified and paid; and
(g) ensure the following protections are met for each seafarer:
 (i) explaining their rights and duties under a work agreement;
 (ii) providing the work agreement for examination before it is signed; and
 (iii) providing a copy of the work agreement after it is signed;
 (iv) insurance, or equivalent measure, is in place to compensate for any monetary loss the seafarer incurs caused by:
(A) the service provider failing to meet a legal obligation to the seafarer; or
(B) the shipowner failing to meet its obligations under a work agreement;
 (v) explaining the insurance