84.—(1) Section 2 of the Merchant Shipping Act (Cap. 179, 1996 Ed.) (referred to in this section as the principal Act) is amended —| (a) | by inserting, immediately after the definition of “court” in subsection (1), the following definition:“ “crew” means the following:| (a) | if the ship is a ship to which the Merchant Shipping (Maritime Labour Convention) Act 2014 applies, all the seafarers employed on board that ship; | | (b) | if the ship is not a ship mentioned in paragraph (a), the master and all the seamen employed on board that ship;”; |
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| | (b) | by inserting, immediately after the definition of “crew agreement” in subsection (1), the following definition:| “ “crew member” means a member of the crew;”; |
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| | (c) | by deleting the definition of “port of return” in subsection (1) and substituting the following definition:“ “port of return” means such port as is agreed upon by the crew member and his employer in the crew agreement or seafarer’s employment agreement, as the case may be, or otherwise, or, in the absence of agreement —| (a) | Singapore, in the case of a crew member who is resident in Singapore; or | | (b) | the port where the crew member was employed or joined the ship, in any other case;”; |
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| | (d) | by inserting, immediately after the definition of “sea” in subsection (1), the following definitions:| “ “seafarer” has the same meaning as in the Merchant Shipping (Maritime Labour Convention) Act 2014; |
| “seafarer’s employment agreement” has the same meaning as in the Merchant Shipping (Maritime Labour Convention) Act 2014;”; and |
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| | (e) | by deleting the word “seaman” in subsection (3)(a) and (b) and substituting in each case the words “crew member”. |
(2) Section 18(5) of the principal Act is amended by deleting paragraph (d) and substituting the following paragraph:| “(d) | any outstanding claim of any crew member of the ship in respect of wages which has been notified to the Director.”. |
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(3) Section 20(1) of the principal Act is amended by deleting paragraph (d) and substituting the following paragraph:| “(d) | any outstanding claim of any crew member of the ship in respect of wages which has been notified to the Director.”. |
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(4) Section 42(1) of the principal Act is amended by deleting paragraph (d) and substituting the following paragraph:| “(d) | outstanding claim of any crew member of the ship in respect of wages which has been notified to the Director.”. |
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(5) Section 52 of the principal Act is amended —| (a) | by inserting, immediately after subsection (1), the following subsection:| “(1A) Sections 53, 54, 55, 56, 57, 58, 59, 62, 63, 64, 72, 73, 74, 75(1), 80, 81, 82, 83, 85, 86, 95 and 96 shall not apply to any ship to which the Merchant Shipping (Maritime Labour Convention) Act 2014 applies.”; and |
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| | (b) | by deleting “71,” in subsection (3). |
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(6) Section 60 of the principal Act is amended —| (a) | by deleting the word “seaman” wherever it appears in subsection (1) and substituting in each case the words “crew member”; | | (b) | by inserting, immediately after the words “this Act” in subsection (2), the words “or the Merchant Shipping (Maritime Labour Convention) Act 2014”; and | | (c) | by deleting the marginal note and inserting the following section heading:| “Restriction on attachment or assignment of and charge upon crew member’s wages”. |
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| (7) Sections 61, 66 and 84 of the principal Act are amended by deleting the word “seaman” wherever it appears and substituting in each case the words “crew member”. |
(8) Section 65 of the principal Act is amended —| (a) | by deleting the word “seaman” wherever it appears and substituting in each case the words “crew member”; and | | (b) | by deleting the marginal note and inserting the following section heading:| “Compensation to crew member improperly discharged”. |
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(9) Section 67 of the principal Act is amended —| (a) | by deleting the words “lien, his remedies” in subsection (1) and substituting the words “lien and a crew member’s remedies”; and | | (b) | by deleting the word “seaman” in subsection (2) and substituting the words “crew member”. |
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(10) Section 69 of the principal Act is amended —| (a) | by deleting the word “seaman” wherever it appears and substituting in each case the words “crew member”; and | | (b) | by deleting the marginal note and inserting the following section heading:| “Powers of court in case of unreasonable delay in paying crew member’s wages”. |
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(11) Section 70 of the principal Act is amended —| (a) | by deleting subsection (1) and substituting the following subsections:“(1) The Authority may, with the approval of the Minister, make regulations —| (a) | requiring such provisions and drinking water to be provided for crew members employed on ships; | | (b) | providing for the quality, nutritional value and quantity of provisions and drinking water to be provided; | | (c) | regulating the storage and handling of provisions and drinking water; and | | (d) | regulating the organisation and equipment of the catering department. |
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| (1A) The owner and master of a ship shall ensure that provisions and drinking water provided in accordance with subsection (1) are provided free of charge to all crew members while they are on board.”; and |
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| | (b) | by deleting the word “seamen” in subsections (2), (3) and (4) and substituting in each case the words “crew members”. |
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| (12) Section 71 of the principal Act is amended by deleting the word “seamen” wherever it appears in subsections (1) and (2) and substituting in each case the words “crew members”. |
| (13) Section 84 of the principal Act is amended by deleting the word “seaman” and substituting the words “crew member”. |
(14) Section 87(1) of the principal Act is amended —| (a) | by deleting the word “seaman” in paragraphs (a) and (b) and substituting in each case the words “crew member”; | | (b) | by deleting the words “seaman’s death” in paragraph (c) and substituting the words “crew member’s death”; and | | (c) | by deleting the marginal note and inserting the following section heading:| “Custody, etc., of property of deceased crew members”. |
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(15) Section 88 of the principal Act is amended —| (a) | by deleting the word “seaman” wherever it appears in subsections (1) and (3)(d) and substituting in each case the words “crew member”; | | (b) | by deleting the words “seaman’s next of kin in the crew agreement in which the seaman’s name” in subsection (3)(a) and substituting the words “crew member’s next of kin in the crew agreement or seafarer’s employment agreement, as the case may be, in which the crew member’s name”; | | (c) | by deleting the words “seaman’s estate” in subsection (3)(c) and substituting the words “crew member’s estate”; and | | (d) | by deleting the marginal note and inserting the following section heading:| “Disposal of property of deceased crew members”. |
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| (16) Section 100(2) of the principal Act is amended by inserting, immediately after the word “accommodation” in paragraph (b), the words “and recreational facilities”. |
(17) Section 111 of the principal Act is amended —| (a) | by deleting the words “the master or seaman” and substituting the words “a crew member”; | | (b) | by deleting the words “any master or seaman” and substituting the words “any crew member”; and | | (c) | by deleting the marginal note and inserting the following section heading:| “Crew member may claim discharge if ship is unsafe”. |
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| (18) Section 112(1) of the principal Act is amended by deleting the words “person employing the master and seamen and the master or any seaman thereof” and substituting the words “person employing the crew members and any crew member thereof”. |
(19) Section 115 of the principal Act is amended —| (a) | by deleting the words “the master of, or any seaman” in subsection (1) and substituting the words “any crew member”; | | (b) | by deleting the words “master or seaman” in subsection (3)(b) and substituting the words “crew member”; and | | (c) | by deleting the words “a master or seaman” in paragraph (a) of the definition of “duty” in subsection (7) and substituting the words “any crew member”. |
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(20) Section 183 of the principal Act is amended —| (a) | by deleting the words “master’s or seaman’s wages” and substituting the words “crew member’s wages”; and | | (b) | by deleting the words “master or seaman” and substituting the words “crew member”. |
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| (21) Section 203(2) of the principal Act is amended by deleting the word “seamen” and substituting the words “crew members”. |
| (22) Section 205(1) of the principal Act is amended by deleting the words “the crew and passengers of” in paragraph (d) and substituting the words “all persons on board”. |
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