Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p16
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 39780–42569

is repatriated under section 31, the owner of the vessel must arrange and pay for at least the following:
(a) the seafarer's passage to the repatriation destination;
(b) lodgings and food when the seafarer leaves the vessel, until the seafarer is at the repatriation destination;
(c) transportation of up to 23 kg of the seafarer's luggage to the repatriation destination;
(d) the seafarer's medical treatment until the seafarer is medically fit to travel to the repatriation destination.
       (2) The owner of the vessel must not:
(a) require a seafarer to make an advance payment towards the cost of repatriation; or
(b) recover the cost of repatriation from the seafarer's wages or other entitlements, unless the seafarer is found to be in serious breach of the seafarer's work agreement.
       (3) Paragraph (2)(b) does not limit the seafarer's right to take legal action for an employment dispute.
       (4) This Marine Order does not affect any right of the owner or seafarer to recover the cost of repatriation under law or third-party contractual arrangements.

33 Repatriation transport
        The owner of a regulated Australian vessel must make transportation arrangements for repatriation by appropriate and expeditious means.
Note   The usual mode of transportation for repatriation is by air.

34 Timeframe for claim
       (1) A seafarer may claim repatriation benefits under this Division within:
(a) 2 years; or
(b) another reasonable time mentioned in the work agreement, award or collective agreement that applies to the seafarer.
       (2) If the seafarer does not claim the benefit within the time mentioned in subsection (1), the owner of a vessel may refuse to pay the claim unless repatriation is following an act of piracy or an act of armed robbery against ships.

35 Repatriation by AMSA
       (1) AMSA must repatriate a seafarer of a regulated Australian vessel as soon as practical if:
(a) the seafarer has been abandoned or is entitled to repatriation; and
(b) the owner of the vessel has not made arrangements for, or paid the costs of, repatriation of the seafarer.
       (2) AMSA may repatriate a seafarer of a foreign vessel if:
(a) arrangements to repatriate the seafarer have not been made by the owner of the vessel or the country in which the vessel is registered; and
(b) either:
 (i) the seafarer is an Australian national; or
 (ii) the seafarer is in Australia.
       (3) AMSA may repatriate the body or ashes of a seafarer taking into account the wishes of the next of kin.
       (4) AMSA may recover its costs of repatriating a seafarer under subsection (1) or (3) from the owner of the vessel.
       (5) AMSA may recover its costs of repatriating a seafarer under paragraph (2)(b)(ii) from the vessel's competent authority.
Division 5