Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p18
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 44503–47360

28(1):

   Omit "or Orders under section 7", substitute ", or determinations under section 7 or 10".

35. Subsection 29(1):

   Omit "or Orders under section 7 have", substitute ", or determinations under section 7 or 10 have,".

36. Section 31:

   Omit "shall", substitute "must".

37. Subsection 34(3):

   Omit "shall, unless the contrary intention is proved,", insert ", unless the contrary intention is proved, is to".

38. Paragraph 37(a):

   Omit "a compliance", substitute "an identification".

39. Paragraph 37(b):

   Insert "or a determination under this Act" after "regulations".

SCHEDULE 1—continued

40 Paragraph 39(1) (g):

(a) Omit "a compliance" (wherever occurring), substitute "an identification".

(b) Insert "or a determination" after "the regulations".

41. Paragraph 42(c):

Omit "$1,000", substitute "10 penalty units".

PART H

AMENDMENTS OF THE NAVIGATION ACT 1912

1. Subsection 83(2):

  Omit "of", substitute "over".

2. After subsection 132(6):

  Insert:

"(6A) A seaman is not entitled to wages under this section by reason of an illness, hurt or injury, occurring after the day on which this subsection commences, if the seaman is entitled to compensation under Division 3 of Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 in respect of that illness, hurt or injury.

"(6B) A seaman can be taken, for the purposes of subsection (6A), to be entitled to compensation under Division 3 of Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 even though the seaman:

  (a) has failed to give written notice of the illness, hurt or injury under section 62 of that Act; or

  (b) has failed to make a claim for compensation under section 63 of that Act.

  "(6C) If:

  (a) a seaman is left on shore by reason of illness, hurt or injury; and

  (b) the owner:

       (i) considers the seaman is entitled to compensation under the Seafarers Rehabilitation and Compensation Act 1992; and

        (ii) because of the operation of subsection (6A), intends not to pay wages in respect of any period during which the seaman is left on shore;

the owner must advise the seaman, by notice in writing given to the seaman, of that intention.

SCHEDULE 1—continued

"(6D) A notice given under subsection (6C) is not to be taken as a determination of liability under section 73 of the Seafarers Rehabilitation and Compensation Act 1992".

3. After section 172:

  Insert:

Report of matters recorded in official log-book

"172A.(1) The master of a ship who is required by section 171 to keep an official log-book must, as soon as practicable after making an entry in relation to an occurrence under the code of conduct referred to in subsection 46(4A), report the recording of that occurrence to the Authority in accordance with regulations made under subsection (2).

"(2) The regulations may provide for