Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p13
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 32489–35142

persons has access to a copy of any work agreement, including incorporated documents, kept on board:
(a) the seafarer to whom it applies;
(b) a representative of the seafarer;
(c) the master of the vessel;
(d) AMSA;
(e) a port state control officer of a country being visited by the vessel.

26 Record of sea service
       (1) The owner of a regulated Australian vessel must ensure that each seafarer is given a record of sea service, in the approved format, that includes a record of the seafarer's employment on board the vessel.
Note   Approved format is available on the AMSA website: www.amsa.gov.au.
       (2) A seafarer's record of sea service must not contain any statement of:
(a) the quality of the seafarer's work; or
(b) the seafarer's wages.

27 Wages
       (1) The owner of a regulated Australian vessel must pay each seafarer:
(a) at intervals of no more than 1 month; and
(b) in accordance with the work agreement.
Penalty: 50 penalty units.
       (2) The owner must give the seafarer an account, at least monthly, of:
(a) the payments due; and
(b) the period to which each payment relates; and
(c) the amounts paid, including wages and additional payments; and
(d) details of all deductions from the gross amount of wages and additional payments.
Penalty: 50 penalty units.
Note   The owner of a regulated Australian vessel must not keep any employee records, including pay slips, that contains information that is false or misleading. See sections 535 and 536 of the Fair Work Act 2009.
       (3) The owner of a regulated Australian vessel must:
(a) establish a system for enabling a seafarer to send a proportion of the seafarer's earnings to the seafarer's family by bank transfer or similar means; and
(b) ensure the payments are made directly to the person named by the seafarer and on time.
Penalty: 50 penalty units.
       (4) For subsection (3), if a proportion of the seafarer's earnings are sent by bank transfer or similar means:
(a) the rate of any currency exchange must be the exchange rate published by the Reserve Bank of Australia for the day transfer occurs; and
(b) the owner may charge a reasonable amount for providing the service.
       (5) An offence against subsection (1), (2), or (3) is a strict liability offence.
       (6) A person is liable to a civil penalty if the person contravenes subsection (1), (2), or (3).
Civil penalty: 50 penalty units.
       (7) If the seafarer is held captive on or off a vessel as a result of an act of piracy or act of armed robbery against ships, an owner of a regulated Australian vessel must continue to comply with this section until the death or repatriation of