Document ID: chunk:federal_register_of_legislation:F2024L01455:body:0:p9
Version: federal_register_of_legislation:F2024L01455
Segment Type: other
Provision Reference: 
Character Range: 22414–25180

Maritime Labour Convention applies
        A foreign vessel ≥500 GT that is a vessel to which the Maritime Labour Convention applies and registered in a country where the Maritime Labour Convention is in force must:
(a) have a maritime labour certificate (MLC) and a declaration of maritime labour compliance, or an interim maritime labour certificate (MLC), issued by the competent authority; and
(b) comply with:
(i) the requirements of the Maritime Labour Convention in relation to the working and living conditions on a vessel for its seafarers; and
(ii) the requirements of the competent authority that give effect to the Maritime Labour Convention.

14 Foreign vessels <500 GT to which Maritime Labour Convention applies
        A foreign vessel <500 GT that is a vessel to which the Maritime Labour Convention applies and registered in a country where the Maritime Labour Convention is in force must:
(a) if the vessel's competent authority has issued a certificate or other document stating that the vessel complies with the requirements of the competent authority that give effect to the Maritime Labour Convention — comply with those requirements; or
(b) if there is no certificate or other document as mentioned in paragraph (a) — demonstrate to AMSA's satisfaction that every seafarer on board the vessel has been provided working and living conditions in accordance with the requirements of the Maritime Labour Convention.

15 Foreign vessels registered in country where MLC is not in force
        The owner of a foreign vessel, that is a vessel that is registered in a country where the Maritime Labour Convention is not in force, must demonstrate to AMSA's satisfaction that every seafarer on board the vessel has:
(a) a safe and secure workplace that complies with the safety standards that apply to the vessel; and
(b) fair terms of employment; and
(c) decent working and living conditions on board the vessel; and
(d) health protection, medical care, welfare measures and other forms of social protection.
Note 1   Article IV of the Maritime Labour Convention provides that a country where the Convention is in force must ensure that these seafarers' rights are implemented. Article V provides that the country must ensure that a vessel registered in a country where the Convention is not in force does not receive more favourable treatment than a vessel registered in a country where it is in force.
Note 2   AMSA may detain a vessel under section 248 of the Navigation Act if an AMSA inspector reasonably suspects 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