Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 270

Reports of absences of crews of vessels

  (1)   Where, at or after the departure from a port in Australia of a vessel that has entered Australia from overseas, the master, owner, charterer or agent of the vessel reports in writing to an officer that a specified person was a member of the crew of the vessel on board the vessel at the time of its arrival at that port and is or was absent from the vessel at the time of its departure from that port, and states in the report whether that member left the vessel at that port with leave or without leave, that report is, for the purposes of proceedings under or in relation to this Act, prima facie evidence of the matters contained in the report and:

  (a)   if the report states that the member left the vessel with leave--that the member entered Australia, with leave, from the vessel during the vessel's stay at that port and remained in Australia after the vessel left that port; or

  (b)   if the report states that the member left the vessel without leave--that the member entered Australia, without leave, from the vessel during the vessel's stay at that port.

  (2)   Where, during the stay at a port in Australia of a vessel that has entered Australia from overseas, the master of the vessel reports in writing to an officer that a specified person was included in the complement of the vessel, or a member of the crew of the vessel, on board the vessel at the time of its arrival at that port and:

  (a)   at any time during the vessel's stay at that port, left the vessel without leave; or

  (b)   at any time during the vessel's stay at that port, left the vessel with leave, but has become absent without leave;

the report is, for the purposes of proceedings under or in relation to this Act, prima facie evidence of the matters contained in the report.


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