Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p30
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 75186–78000

standard A2.5.2.
Note   Paragraph 5 of MLC standard A2.5.2 provides that for paragraph 2(b) necessary maintenance and support includes adequate food, accommodation, drinking water supplies, essential fuel for survival on board the ship and necessary medical care.
       (5) The owner must ensure that documentary evidence of the financial security is:
(a) placed on board the vessel in a location where it is available for perusal, without the need for a seafarer to ask to access it; and
(b) written in English.
Penalty: 50 penalty units.
Note   For paragraph (b), the documentary evidence written in English may be an English translation of the original documents that are in a language other than English.
       (6) An offence against subsection (2) or (5) is a strict liability offence.
       (7) A person is liable to a civil penalty if the person contravenes subsection (2) or (5).
Civil penalty: 50 penalty units.

77 Incapacity
       (1) If a seafarer of a regulated Australian vessel is incapacitated for work because of sickness or injury, the owner of the vessel must:
(a) pay the seafarer's wages in full:
 (i) as long as the sick or injured seafarer is on board; or
 (ii) until the seafarer is repatriated; and
(b) pay wages in whole or part, in accordance with the collective agreement or legislation that provides for workers' compensation for the seafarer, when the seafarer is repatriated, until the earliest of:
 (i) when the seafarer recovers; or
 (ii) when the seafarer is entitled to cash benefits under the collective agreement or legislation that provides for workers' compensation for the seafarer; or
 (iii) 16 weeks after the incapacitation starts.
Note   This section does not limit the liabilities of the vessel owner under applicable workers compensation legislation.
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.

78 Limitation of liability
        The owner of a regulated Australian vessel is not liable for:
(a) an injury incurred by the seafarer while the seafarer was not employed, engaged or working on the vessel; or
(b) an injury, sickness or death of the seafarer resulting from the wilful misconduct of the seafarer; or
(c) a sickness or infirmity intentionally concealed by the seafarer when entering into the work agreement.

79 Property
       (1) The owner of a regulated Australian vessel must take measures:
(a) to safeguard the property left on 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