This article will discuss the duties of masters in relation to crews under the Migration Act 1958. The Migration Act of 1958 of Australia serves as a crucial legislative framework. It governs the immigration, entry, and stay of individuals in the country. Within this comprehensive legislation, specific sections outline important provisions related to the:
- Production of identity documents
- Mustering of crew; and
- Reporting of absences.
We have outlined the relevant sections on the duties of masters in relation to crews below.
Section 225: Production of Identity Documents and Mustering of Crew
Section 225 of the duties of masters in relation to crews pertains to the production of identity documents. Additionally, the section covers the mustering of crew for vessels entering Australia from overseas. Here’s a breakdown of what each subsection means:
- (1) This section applies to any vessel (except those of a recognised government’s regular armed forces) that arrives in Australia from overseas.
- (2) Upon the arrival of a vessel at a port, an officer (presumably an immigration or customs officer) can make a request to the master (captain) of the vessel. This request will have the master gather and present the crew of the vessel in the presence of the officer.
- (3) Similarly, before a vessel departs, an officer can request the master to gather and present the crew.
- (4) An officer has authority to ask a crew member of the vessel to provide their identity documents for inspection.
Section 225 of the Duties of Masters in Relation to Crews: Additional Provisions
- (5) A person cannot refuse or fail to comply with the requirements stated in Section 225. If someone violates this requirement, authorities can penalise them with with 40 penalty units.
- (6) Subsection 5 doesn’t apply if the person has a reasonable excuse. The burden of proving this reasonable excuse lies with the defendant. This means that they must provide evidence to support their claim of having a valid reason for non-compliance.
- Note: This note references the Criminal Code and explains that the defendant has the responsibility of providing evidence to support their reasonable excuse.
- (7) Lastly, any offence that anyone commits under Section 225, subsection (5) of the duties of masters in relation to crews is an offence of strict liability. This means that the prosecution only needs to prove that the offence occurred, without establishing the defendant’s intention or state of mind.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section 226: Production of Identity Documents by Persons on Board Resources Installation
Section 226 of the duties of masters in relation to crews relates to the production of identity documents. Individuals on board resources installation produce these identity documents and bring them to Australian waters for attachment to the Australian seabed. A “resources installation” as defined in the Migration Act 1958 can be simplified as follows:
1. Resources Industry Fixed Structure: It refers to a non-mobile structure, including pipelines, that cannot be moved from one place. It is for exploring or exploiting natural resources, as well as related operations or activities.
2. Resources Industry Mobile Unit: It can be either a vessel or a floating structure that has the ability to move from one place to another. It is primarily for activities such as drilling the seabed or obtaining substantial quantities of material from the seabed, along with associated or incidental operations.
Here’s an explanation of each subsection:
- This section applies to a resource installation brought into Australian waters from a location outside the outer limits of Australian waters. The purpose of bringing the installation into Australian waters is to attach it to the Australian seabed.
- The installation of the resource arrives at the location where it will be attached to the Australian seabed. If this occurs an officer has the authority to request the person in charge of the installation to gather and present all the people on board the installation in the presence of the officer.
- Similarly, an officer has the authority to request the person in charge of a resource installation. They can ask the person in charge to muster all individuals on board before detaching it from the Australian seabed.
This requirement applies when the intention is to transport the installation to a location outside the outer limits of Australian waters.
Section 226 Additional Provisions
- (4) Section 226, subsection 4 of the duties of masters in relation to crews states that an officer has the power to require a person on board a resources installation to provide their identity documents for inspection.
- (5) A person must not refuse or fail to comply with the requirements stated in this section. If someone violates this requirement, authorities can penalise them with 40 penalty units.
- (6) Subsection (5) does not apply if the person has a reasonable excuse. The burden of proving this reasonable excuse lies with the defendant, meaning they must provide evidence to support their claim of having a valid reason for non-compliance.
- Note: This note references the Criminal Code and explains that the defendant has the responsibility of providing evidence to support their reasonable excuse.
- (7) Any offence that a party commits under subsection (5) is an offence of strict liability. This means that the prosecution only needs to prove that the offence occurred, without establishing the defendant’s intention or state of mind.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section 227: Production of Identity Documents by Persons on Board Sea Installation
Section 227 applies when a sea installation is brought into Australian waters from outside the outer limits of Australia in an adjacent or coastal area. An officer may require the person in charge of the installation to gather all individuals on board in his/her presence.
Moreover, before the installation is detached from its location for one to take it to the outer limits of Australian waters, the officer can demand the muster of all individuals on board. Furthermore, the officer can request any person on board a sea installation in an adjacent or coastal area to present their identity documents for inspection.
It is strictly prohibited for a person to fail to comply with the requirement imposed by this section, and failure to comply carries a penalty of 40 penalty units. However, the penalty does not apply if a person can provide a reasonable excuse. It is important to note that the defendant has the responsibility to present evidence regarding their reasonable excuse. A defendant bears an evidential burden in relation to this; see subsection 13.3(3) of the Criminal Code.
An offence committed under this section is considered an offence of strict liability. For more information on strict liability, please refer to section 6.1 of the Criminal Code.
Note:– For strict liability, see section 6.1 of the Criminal Code.
Section 228: Master To Report Absences
Section 228 of the duties of masters in relation to crews pertains to the master’s obligation of a vessel to report the absences of crew members. However, vessels of the regular armed forces of a government that the Commonwealth recognises are excluded. The master of the vessel must provide a written report to an officer upon departure and must include:
- The name of the crew member;
- A statement indicating that the crew member was on board the vessel at the time of its arrival at that port and is absent from the vessel at the time of its departure from that port;
- An indication of whether the crew member left the vessel at that port with or without leave.
Failure to comply with this requirement is subject to a penalty of 40 penalty units. It is important to note that an offence under subsection (1) is an offence of strict liability. This means that authorities will not take into account the intent or state of mind of the committing the offence for conviction.
For further information on strict liability, please refer to section 6.1 of the Criminal Code.
Importance of Seeking Legal Advice
The sections outlined above have complex legal provisions with potential implications for individuals and organisations. Therefore it’s important to seek legal advice from a reputable law firm like JB Solicitors.
Whether you’re a crew member or the master in a legal dispute, our lawyers can help protect your rights and best interests.
Contact us today for more information about the duties of masters in relation to crews.
