Document ID: chunk:federal_register_of_legislation:C2012C00641:clause:1_46
Version: federal_register_of_legislation:C2012C00641
Segment Type: clause
Provision Reference: sch 1 cl 46
Character Range: 14547–16007

46  Articles of agreement
 (1) A person commits an offence if:
 (a) the person is the master or owner of a ship; and
 (b) the master takes the ship to sea; and
 (c) a seaman is on board the ship; and
 (d) when the ship is taken to sea an agreement that complies with this section is not in force in relation to the seaman.
Penalty: 20 penalty units.

When an agreement complies with this section
 (2) An agreement complies with this section if:
 (a) the agreement is in accordance with any regulations made under subsection (3); and
 (b) subsection (4) is satisfied in relation to the agreement.

Regulations
 (3) The regulations may prescribe matters relating to the content or form of an agreement.

Signing
 (4) An agreement must:
 (a) be signed first by the owner of the ship or the representative of the owner of the ship, and then by the seaman; and
 (b) be dated:
 (i) if the agreement is entered into when the seaman is first engaged—as at the time the agreement is signed by the owner of the ship or the representative of the owner of the ship; or
 (ii) in any other case—as at the time the agreement is signed by the seaman.

Additional provisions that may be included
 (5) An agreement may, with the approval of a proper authority, include any provisions agreed upon between the seaman and the owner of the ship or the representative of the owner of the ship, that are:
 (a) lawful; and
 (b) not inconsistent with the requirements of this section.