Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p10
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 24949–27901

that the vessel is unseaworthy or substandard. A vessel is seaworthy only if, among other things, the living and working conditions on board the vessel do not pose a threat to the health, safety or welfare of the vessel's seafarers — see Navigation Act, section 23.
Division 3 Recruitment and placement

16 Registration as seafarer recruitment and placement service
       (1) A seafarer recruitment and placement service may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, to AMSA for registration.
Note   An applicant must be based in Australia.
       (2) AMSA may register the seafarer recruitment and placement service.
       (3) In deciding whether to register a seafarer recruitment and placement service, AMSA may consider the following matters:
(a) whether the person has been convicted of an offence against, or ordered to pay a civil penalty under, the Navigation Act;
(b) the requirements for seafarer recruitment and placement services mentioned in MLC regulation 1.4;
(c) any other matters that AMSA considers relevant.
Note for paragraph (b)   MLC regulation 1.4 permits the regulation of  services operating or based in Australia.
Note for paragraph (c)   An example of a matter that AMSA may consider relevant is when the applicant has been investigated by a seafarers' representative organisation or determined by any competent authority to have underpaid seafarers.
       (4) A seafarer recruitment and placement service must not provide the service of recruiting seafarers for vessel owners or placing seafarers with vessels if it is not registered under subsection (2).
Penalty: 50 penalty units.
       (5) An offence against subsection (4) is a strict liability offence.
       (6) A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 50 penalty units.

17 Conditions of registration
        Registration as a seafarer recruitment and placement service is subject to the conditions mentioned in Schedule 1.

18 Criteria for suspension or revocation of registration
        AMSA may suspend or revoke the registration of a seafarer recruitment and placement service if it is satisfied that:
(a) the service does not comply with a condition of registration; or
(b) the service no longer provides seafarer recruitment and placement services.

19 Requirements for owners of vessels who use seafarer recruitment and placement services
       (1) For subsection 54(5) of the Navigation Act, a work agreement may be made by the owner of a regulated Australian vessel with a seafarer engaged through a seafarer recruitment and placement service in a country that has not ratified the Maritime Labour Convention only if the service complies with the requirements mentioned in paragraphs (b) to (f) of Schedule 1, other than subparagraph (f)(v) of Schedule 1, as if the service were registered under subsection 16(2).
Penalty: 50 penalty units.