Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The master of a ship shall not, at a port outside Australia, discharge a seaman from the ship unless:
(a) the master has given the seaman such notice as is reasonable in the circumstances of the master's intention to discharge the seaman; and
(b) in a case where the seaman has requested the master to obtain the approval of a proper authority to the discharge--a proper authority has approved the discharge.
Penalty: $1,000.
(2) A proper authority may withhold his or her approval to the discharge of a seaman under subsection (1) if he or she is of the opinion:
(a) that the discharge cannot be effected except in contravention of the agreement with the seaman, of a provision of this Act or of a law of the country in which the discharge is to be made; or
(b) that the discharge of the seaman would be unjust.
(3) If a ship is sold, transferred or otherwise disposed of while the ship is at a port in a country other than a prescribed country, the master shall, notwithstanding anything contained in the ship's agreement, discharge each seaman entered on board the ship other than a seaman who consents in writing to continue to serve on the ship.
(4) Subsection 50(5) applies to and in relation to a seaman discharged in pursuance of subsection (3) of this section as if that seaman had been discharged in pursuance of subsection 50(3).