Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p31
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 77763–80500

board by a sick, injured or deceased seafarer; and
(b) to return it to the seafarer or the seafarer's next of kin.
Penalty: 50 penalty units.
       (2) An offence against subsection (1) is a strict liability offence.
       (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
Division 16 Maritime labour certificate and declaration of maritime labour compliance

80 Requirement for maritime labour certificate
       (1) For subsection 43(1) of the Navigation Act, the following kinds of maritime labour certificate are specified:
(a) a maritime labour certificate (MLC);
(b) an interim maritime labour certificate (MLC).
       (2) For paragraphs 47(1)(a) and 48(1)(a) of the Navigation Act, a regulated Australian vessel must have a maritime labour certificate if the vessel is:
(a) ≥500 GT; and
(b) proceeding on an overseas voyage or for use on an overseas voyage.
Note 1   It is an offence under subsections 47(2) and 48(2) of the Navigation Act if a vessel is taken to sea without a maritime labour certificate of a specified kind in force for the vessel.
Note 2   The form of a maritime labour certificate is available on the AMSA website at www.amsa.gov.au.
       (3) The owner of a vessel that is not a vessel to which subsection (2) applies may apply to an issuing body for a maritime labour certificate as if it were a vessel to which subsection (2) applies.
Note   Guidance on maritime labour certificates is available on the AMSA website at www.amsa.gov.au.

81 Declaration of maritime labour compliance
        AMSA may issue a declaration of maritime labour compliance in accordance with paragraph 10 of MLC standard A5.1.3.
Note 1   The form of a declaration of maritime labour compliance is available on the AMSA website at www.amsa.gov.au. Part II of the declaration is to be completed by the vessel owner.
Note 2   A person may apply for a declaration whether or not the vessel is required to have a maritime labour certificate (MLC).

82 Documents to be carried on board
       (1) The master of a regulated Australian vessel ≥500 GT must not take the vessel to sea if:
(a) the vessel's maritime labour certificate (MLC) or interim maritime labour certificate (MLC) is not carried on the vessel; and
(b) the maritime labour certificate (MLC) does not have attached a declaration of maritime labour compliance in accordance with paragraph 10 of MLC standard A5.1.3; and
(c) a copy of the certificate carried on the vessel is not:
 (i) written in English; and
 (ii) displayed so that it is easily read by seafarers; and
 (iii) made available on request to any seafarer, inspector, authorised officer in a port state or representative of the owner or of