Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p34
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 85322–88149

Division 18 Interim maritime labour certificates (MLC)

89 Application for interim maritime labour certificate (MLC)
        For subsection 43(1) of the Navigation Act, an application for an interim maritime labour certificate (MLC) must be made to an issuing body in writing.
Note   Information on applying for an interim maritime labour certificate (MLC) is available on the AMSA website at www.amsa.gov.au.

90 Criteria for interim maritime labour certificate (MLC)
        For paragraph 44(1)(b) of the Navigation Act, the criteria for the issue of an interim maritime labour certificate (MLC) are that:
(a) any of the following:
 (i) the vessel is a new vessel that has, on delivery, been handed over to the owner;
 (ii) the flag of the vessel is changed;
 (iii) the owner has assumed responsibility for the operation of the vessel which is new to that owner; and
(b) the issuing body, having inspected the vessel for the matters mentioned in Appendix A5-I of the Maritime Labour Convention and this Marine Order, is satisfied that:
 (i) the owner of the vessel has demonstrated that the vessel has adequate procedures to comply with the Maritime Labour Convention and this Marine Order; and
 (ii) the master of the vessel is familiar with the requirements of the Maritime Labour Convention and this Marine Order; and
 (iii) the owner of the vessel has completed Part II of the declaration of maritime labour compliance and given it to an issuing body; and
(c) an interim maritime labour certificate (MLC) has not previously been issued for the vessel.
Note   For criteria for revocation of an interim maritime labour certificate (MLC) — see section 89.

91 Duration of interim maritime labour certificate (MLC)
        An interim maritime labour certificate (MLC) expires 6 months, or a shorter period determined by the issuing body, after it is issued.
Division 19 Onboard complaints

92 Onboard complaint procedure
       (1) The owner of a regulated Australian vessel must ensure that the vessel has an onboard complaint procedure, for a seafarer to make a complaint alleging a breach of the Maritime Labour Convention, that:
(a) seeks initially to resolve complaints at the lowest possible level; and
(b) has contact information for:
 (i) AMSA; and
 (ii) the maritime administration in the seafarers' country of residence; and
 (iii) the name of a person on board the vessel who can provide confidential and impartial advice to the seafarer on the complaint and assist the seafarer in following the onboard complaint procedure; and
(c) ensures that the confidentiality of the seafarer's complaint is maintained; and
(d) provides that a seafarer making a complaint must be able to give the complaint to any of the following:
 (i) the seafarer's superior officer;
 (ii) the head of the seafarer's department;
 (iii) the