Seamen's Act 1958

This Act may be cited as the Seamen's Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette, and is divided into parts as follows:

Part I—Water Police ss 3 and 4;

Part II—Foreign Seamen ss 5–14.

Any superintendent or officer of water police or any member of the police force may, with such assistance as may be required, enter on board and search any vessel entering or being within any port or harbor of Victoria, when and so often as he has reasonable ground for believing such search to be necessary in the execution of his duty.

No. 3766 s. 4.

S. 4 amended by Nos 7315 s. 5(4), 9945 s. 3(3)(Sch. 2 item 32).

Every master of any vessel and every other person who resists or wilfully obstructs any superintendent or officer of water police justice water-policeman member of the police force or any of their respective assistants whilst searching for or endeavouring to secure any seaman or other person on board or reasonably suspected to be on board such vessel or in any house or place on shore, or rescues or attempts to rescue or assists any such seaman or other person, shall for every such offence be liable to a penalty of not more than $40 for the first offence, and of not less than $20 nor more than $100 for a second or subsequent offence; and in case of non-payment thereof to imprisonment for a term of not more than six months unless such penalty and all costs are sooner paid; and all penalties under this section shall be paid to and form part of the "Police Superannuation Fund".

Part II—Foreign seamen

No. 3766 s. 5.

In this Part—

consul includes consul vice-consul or other consular officer or agent;

foreign vessels includes all vessels not belonging to any British possession;

seaman includes every person (except masters pilots and apprentices) employed or engaged in any capacity on board any vessel;

vessel means any navigable ship or boat of whatever construction and whether moved by wind steam or any other power.

Ss 6–8 repealed by No. 8242 s. 2.

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No. 3766 s. 9.

S. 9 amended by Nos 57/1989 s. 3(Sch. item 174.1(a)(b)), 6/2018 s. 68(Sch. 2 item 112).

A magistrate, on the evidence on oath or by affirmation or by affidavit of the master or other person having charge of any foreign vessel that he has good cause for suspecting that any runaway seaman of such vessel is harbored secreted or concealed on board any vessel or in any house or place whatsoever, may issue a warrant to search such vessel or such house or place and to apprehend such seaman; and every such seaman shall upon his apprehension be brought with all convenient speed before a bail justice or the Magistrates' Court to be dealt with according to law.

No. 3766 s. 10.

S. 10 amended by No. 8242 s. 3(a)(b).

No such warrant as hereinbefore mentioned shall be issued, except at the instance or with the express assent in writing of the consul of the nation or state to which such vessel as aforesaid belongs, unless it has been three several times notified in the Government Gazette under the authority of the Governor in Council that the Government of such nation or state has by its proper officer signified its desire that this Part may be enforced in all cases against the crews of vessels belonging to such nation or state.

No. 3766 s. 11.

S. 11 amended by Nos 7315 s. 5(4), 9945 s. 3(3)(Sch. 2 item 32).

Every person who knowingly harbors conceals employs or retains or assists in harboring concealing employing or retaining any seaman belonging to any foreign vessel who has deserted therefrom or otherwise absconded or absented himself from duty, or knowingly causes induces or persuades any such seaman by words or by any other means whatsoever to violate any agreement which he has entered into to serve on board any such vessel as aforesaid, or knowingly assists in the desertion absconding or absence from duty of any such seaman shall be liable to a penalty of not more than $40 for the first offence and of not less than $20 nor more than $100 for a second or subsequent offence and in default of payment forthwith or within the time appointed to imprisonment for a term of not more than six months.

No. 3766 s. 12.

S. 12 amended by No. 57/1989 s. 3(Sch. item 174.2).

In any proceeding under this Part it shall not be necessary, for the purpose of proving the list roll articles or agreement under or by which any such seaman has shipped joined or engaged to serve on board any such vessel, to call any subscribing or attesting witness thereto; but such list roll articles or agreement as aforesaid may be proved as if there were no such subscribing or attesting witness, and a copy of any such list roll article or agreement as aforesaid certified under the hand of the consul of the nation or state to which such vessel belongs to be a true copy shall be received as prima facie evidence of the existence and contents thereof; and the certificate of the consul of any nation or state in which such list roll articles or agreement has been made as to the true spirit effect and meaning thereof according to the law of such nation or state shall be received as prima facie evidence of the effect of such list roll articles or agreement in all matters not inconsistent with the language thereof respectively; and in any proceeding under this Part the Magistrates' Court may in its discretion receive proof of matters as evidence although not admissible according to the strict rules of law.

No. 3766 s. 13.

All expenses incidental to the apprehension confinement and removal of any seaman under and by virtue of the powers and authority conferred by this Part shall be paid by the consul master mate or other person at whose instance such seaman has been apprehended proceeded against or removed.

No. 3766 s. 14.

The service of any summons or other matter in any legal proceedings under this Part shall be good service, if made personally on the person to be served, or if made by leaving such summons for him on board any vessel to which he belongs with the person being or appearing to be in command or charge of such vessel.

Section 2.

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