Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p15
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 37391–40023

on vessels registered in the country. For requirements for foreign vessels — see Division 2.

31 Repatriation
       (1) The owner of a regulated Australian vessel must ensure that a seafarer is entitled to repatriation, at no cost to the seafarer, in any of the following circumstances:
(a) the seafarer has worked continuously on the vessel for at least 11 months;
(b) the seafarer's work agreement expires;
(c) the seafarer's work agreement is terminated:
 (i) by the owner of a vessel; or
 (ii) by the seafarer for justified reasons; or
 (iii) because the seafarer is no longer able to carry out their duties under the work agreement; or
 (iv) because the seafarer cannot be expected to carry out their duties in the specific circumstances; or
 (v) because of illness, injury or other medical condition for which the seafarer must be repatriated and is medically fit to travel; or
 (vi) because of wreck or foundering;
(d) the owner of a vessel is unable to fulfil his or her legal or contractual obligations to the seafarer as an employer because of:
 (i) insolvency; or
 (ii) sale of the vessel; or
 (iii) change of the vessel's registration; or
 (iv) unforeseen circumstances beyond the owner's control;
(e) the vessel is on its way to a war zone to which the seafarer does not consent to go;
(f) termination or interruption of employment:
 (i) in accordance with an industrial award; or
 (ii) in accordance with a collective agreement;
(g) the seafarer has been held captive on or off the vessel as a result of an act of piracy or an act of armed robbery against ships.
Note for paragraphs (c)(iii) and (iv)   The expiry of a seafarer's visa, where the ongoing validity is the responsibility of the owner of the vessel, is an example of a circumstance where the seafarer is either no longer able, or cannot be expected, to carry out their duties.
       (2) A seafarer under 18 years is also entitled to repatriation at no cost to the seafarer if the seafarer:
(a) has worked on a regulated Australian vessel for at least 4 months on the seafarer's first foreign voyage; and
(b) is unsuited to life at sea.
       (3) For subsection (2), the repatriation of the seafarer is to be:
(a) from the first port of call where there are Australian consular services; and
(b) to the home port mentioned in the seafarer's work agreement.

32 Paying for repatriation
       (1) If a seafarer 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