Master causing etc. performance of duties or functions without a seafarer certificate
36 Master causing etc. performance of duties or functions without a seafarer certificate
The master of a regulated Australian vessel must not cause or permit another person to perform duties or functions in relation to the vessel if:
the regulations require the other person to hold a particular seafarer certificate in order to perform those duties or functions; and
the other person does not hold such a seafarer certificate.
Subsection (1) does not apply to the performance of duties or functions in exceptional circumstances.
Fault‑based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Civil penalty
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 3,000 penalty units.
A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.
This provision refers to the regulations (the regulations
). Made under this Act:
- Marine Order 11 (Living and working conditions on vessels) 2024 · Legislative Instrument · under s 342(1)
- Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023 · Legislative Instrument · under s 342(1)
- Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014 · Legislative Instrument · under s 342(1)
15 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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