PART VIII | INSPECTION AND CERTIFICATION |
| Application and interpretation of this Part |
47.—(1) This Part (with the exception of section 49) shall apply to any Singapore ship, ordinarily engaged in commercial activities, which is of 500 gross tonnage or above, engaged in international voyages, or operating from a port or between ports in another country, wherever the ship may be.| (2) Section 49 shall apply to any Singapore ship, ordinarily engaged in commercial activities, wherever the ship may be. |
(3) In this Part —| “anniversary date” means the day and the month of each year which will correspond to the date of expiry of the relevant certificate; |
| “international voyage” means a voyage from one country to a port or place outside that country. |
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| Maritime Labour Certificate and Declaration of Maritime Labour Compliance |
48.—(1) No ship shall go to sea unless —| (a) | the shipowner or the master has been issued with a valid Maritime Labour Certificate or interim Maritime Labour Certificate in respect of the ship; and | | (b) | the shipowner causes to be carried on board his ship a Declaration of Maritime Labour Compliance written in English. |
| (2) If any ship goes or attempts to go to sea in contravention of subsection (1), the shipowner and the master shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $10,000. |
| (3) The Director or the Port Master may detain a ship until the documents referred to in subsection (1) are produced. |
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49.—(1) Every inspection of a ship shall be carried out in the manner provided in this Act.| (2) The inspection of ships, as regards compliance with the requirements of this Act and other relevant written law, may be carried out by the Director, a surveyor of ships or a Recognised Organisation. |
(3) The Director or a surveyor of ships may for the purposes of an inspection —| (a) | board any ship, without previous notice to the shipowner, master or person in charge of that ship, for the purposes of inspecting that ship; | | (b) | inspect any ship, after giving previous notice to the shipowner, master or person in charge of that ship; | | (c) | summon any person before him and require him to answer questions; | | (d) | require the production of any book, log book, certificate, register, document or other information relating to any ship; | | (e) | take samples of any products, cargo, drinking water, provisions, materials or substances used or handled in the possession of any person on board any ship, as may be necessary with a view to analysing these samples; | | (f) | require the display of notices, certificates or documents required by this Act or other relevant written law; and | | (g) | require rectification of deficiencies that may be identified in the seafarers’ working and living conditions on any ship. |
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| (4) Any sample taken under this section shall be disposed of and accounted for in such manner as the Director may direct. |
| (5) If in the opinion of the Director or a surveyor of ships, the working and living conditions on board a ship do not conform to the requirements of this Act or other relevant written law, the Director or surveyor of ships may by notice in writing require the shipowner to rectify the non-conformity within such time as may be specified in the notice. |
| (6) Any shipowner who fails, without reasonable excuse, to comply with a notice issued to him under subsection (5) within such time as may be specified in the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Declaration of Maritime Labour Compliance |
50.—(1) The Director or a Recognised Organisation may issue a Declaration of Maritime Labour Compliance if satisfied that the shipowner has adopted measures to ensure ongoing compliance with the requirements of this Act and other relevant written law.(2) The Declaration of Maritime Labour Compliance shall be in such form as may be prescribed by the Authority, and shall comprise —| (a) | Part I which shall be issued by the Director or a Recognised Organisation and shall identify the list of matters for inspection, the relevant provisions of this Act and other relevant written law, any ship‑type specific requirements, any substantially equivalent provisions adopted, and any exemption granted by the Authority; and | | (b) | Part II which shall be drawn up by the shipowner and shall identify measures undertaken by the shipowner to ensure ongoing compliance with the provisions of this Act and other relevant written law during the period between inspections, and measures proposed to ensure continuous improvement. |
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| Interim Maritime Labour Certificate |
51.—(1) Subject to subsection (2), the Director or a Recognised Organisation may issue an interim Maritime Labour Certificate in respect of a ship when —| (a) | the ship is a newly delivered ship; | | (b) | the ship changes flag; or | | (c) | a shipowner assumes responsibility for the operation of the ship which is new to that shipowner. |
(2) An interim Maritime Labour Certificate may be issued in respect of a ship for a period not exceeding 6 months if —| (a) | the Director or a Recognised Organisation determines that the ship is, as far as reasonably practicable, in compliance with this Act and other relevant written law; | | (b) | the shipowner has demonstrated to the Director or Recognised Organisation, as the case may be, that —| (i) | the ship has in place adequate procedures to comply with this Act and other relevant written law; and | | (ii) | the master is familiar with the requirements of this Act and other relevant written law; and |
| | (c) | the shipowner has submitted to the Director or Recognised Organisation, as the case may be, the necessary information to enable a Declaration of Maritime Labour Compliance to be issued. |
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| (3) A shipowner shall, prior to the date of expiry of the interim Maritime Labour Certificate issued in respect of his ship, cause a full inspection of his ship to be carried out, to enable the issuance of a Maritime Labour Certificate. |
| (4) Only one interim Maritime Labour Certificate may be issued to a shipowner in respect of a particular ship. |
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| Issue of Maritime Labour Certificate |
52.—(1) The Director or a Recognised Organisation may issue a Maritime Labour Certificate in respect of a ship if —| (a) | he is fully satisfied, after an initial or a renewal inspection of the ship, as the case may be, that the ship complies with the requirements of this Act and other relevant written law; and | | (b) | there is issued in respect of the ship, a Declaration of Maritime Labour Compliance. |
(2) A ship shall be subject to —| (a) | an initial inspection before the ship is put in service; | | (b) | an intermediate inspection not later than the third anniversary date of the Maritime Labour Certificate; and | | (c) | a renewal inspection at intervals of 5 years from the issue of the Maritime Labour Certificate. |
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| (3) An inspection referred to in subsection (2) shall encompass a complete inspection of the working and living conditions on board the ship such as to ensure that the working and living conditions on board the ship fully comply with the requirements of this Act and other relevant written law. |
| (4) The satisfactory completion of an intermediate inspection referred to in this section shall be endorsed on the Maritime Labour Certificate. |
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| Validity of Maritime Labour Certificate |
53.—(1) Subject to subsection (6), a Maritime Labour Certificate shall, unless suspended or withdrawn, be valid for a period not exceeding 5 years.| (2) Subject to subsection (12), if a ship is found not to be in compliance with the requirements of this Act or other relevant written law, the Director or a Recognised Organisation shall suspend the Maritime Labour Certificate until such time corrective action is taken to the satisfaction of the Director or Recognised Organisation, as the case may be. |
| (3) If the corrective action referred to in subsection (2) is not taken to the satisfaction of the Director or Recognised Organisation, as the case may be, within such period of time as specified by the Director or Recognised Organisation, as the case may be, the Director may withdraw the Maritime Labour Certificate. |
(4) Where the Director or Recognised Organisation suspends or revalidates a Maritime Labour Certificate in respect of a ship, or where the Director withdraws a Maritime Labour Certificate in respect of a ship, the Director or Recognised Organisation, as the case may be, shall immediately notify the following persons of the suspension, withdrawal or revalidation, as the case may be, of the Maritime Labour Certificate:| (a) | the Director (where the suspension or revalidation was carried out by a Recognised Organisation); | | (b) | the Recognised Organisation that issued that Maritime Labour Certificate in respect of the ship (where the withdrawal, suspension or revalidation was carried out by the Director); | | (c) | the shipowner; | | (d) | the master of the ship. |
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| (5) When a Maritime Labour Certificate is suspended or withdrawn, the shipowner and master of the ship shall on demand deliver up the certificate to the Director or Recognised Organisation, as the case may be. |
| (6) When the renewal inspection is completed not more than 3 months before the expiry of the Maritime Labour Certificate, the new Maritime Labour Certificate shall be valid from the date of completion of the renewal inspection to a date not exceeding 5 years after the date of expiry of the existing Maritime Labour Certificate. |
| (7) When the renewal inspection is completed more than 3 months before the expiry of the Maritime Labour Certificate, the new Maritime Labour Certificate shall be valid from the date of completion of the renewal inspection to a date not exceeding 5 years after the date of completion of the renewal inspection. |
| (8) A Maritime Labour Certificate and an interim Maritime Labour Certificate issued under this Part shall be in the form prescribed by the Authority. |
(9) A Maritime Labour Certificate issued under section 52 shall cease to be valid in any of the following circumstances:| (a) | if the intermediate inspection is not completed within the period specified in section 52(2)(b); | | (b) | if the certificate is not endorsed in accordance with section 52(4); | | (c) | upon the transfer of the ship to the flag of another country; | | (d) | if the shipowner ceases to assume responsibility for the operation of the ship; | | (e) | when substantial changes have been made to the structure or equipment of the ship relating to accommodation, recreation, food or catering; | | (f) | if the certificate is suspended, during the period of suspension; | | (g) | if the certificate is withdrawn. |
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| (10) An interim Maritime Labour Certificate issued under section 51 shall cease to be valid in any of the circumstances referred to in subsection (9)(c) to (g). |
| (11) A shipowner or master who becomes aware that his ship does not comply with any requirement of this Act or other relevant written law, shall notify the Director of the nature of non‑compliance without delay. |
(12) Upon the application of the shipowner or master, the Director may, if he is satisfied that due to any unforeseen circumstances, it is not reasonably practicable for the shipowner or master to comply with a requirement of this Act or other relevant written law, and that the working and living conditions of the seafarers on board will not be adversely affected, grant a dispensation of that requirement —| (a) | until the next port of call; or | | (b) | for a specified period, |
| provided that such period of dispensation shall not exceed one month. |
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| (13) The Director may, in granting a dispensation under subsection (12), impose any condition as he thinks fit. |
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| Display of Maritime Labour Certificate and Declaration of Maritime Labour Compliance |
54.—(1) A shipowner shall cause to be displayed in a conspicuous place on board his ship where it is available to seafarers —| (a) | a valid Maritime Labour Certificate and a valid Declaration of Maritime Labour Compliance in respect of that ship; or | | (b) | a valid interim Maritime Labour Certificate in respect of that ship, |
(2) A shipowner shall cause to be carried on board his ship —| (a) | a copy of the Convention; and | | (b) | a copy of this Act, regulations made under this Act and other relevant written law. |
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| (3) The documents referred to in subsections (1) and (2) shall be readily available for inspection on board the ship, and shall be produced, on request, to seafarers employed on that ship, the Director, a surveyor of ships, authorised officers in port States and shipowners’ and seafarers’ representatives. |
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