Singapore legislation
Section 44
Section 44
Codes of practice
(1)
For the purpose of providing practical guidance with respect to the requirements of this Part relating to measures necessary to ensure the safety and health of seafarers, including measures on occupational health protection and medical care, the Authority may do all or any of the following:
issue one or more codes of practice, which may include any code of practice issued or approved under another written law if the Authority considers that code of practice suitable for this purpose;
approve as a code of practice any document prepared by any person or organisation other than the Authority if the Authority considers the document as a suitable document for this purpose;
amend or revoke any code of practice issued or approved under this section.
(2)
The power of the Authority under subsection (1)(a) or (b) to issue or approve a code of practice that is either a code of practice issued or approved under another written law or a document prepared by any person or organisation other than the Authority includes the power to issue or approve a part of that code of practice or document.
(3)
Where a code of practice is issued, approved, amended or revoked by the Authority under subsection (1), the Authority must —
publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice in a manner that will secure adequate publicity for such issue, approval, amendment or revocation;
specify in the notice mentioned in paragraph (a) —
the date of issue, approval, amendment or revocation, as the case may be;
the class of hazards, activities or articles in respect of which the code of practice is issued, approved, amended or revoked; and
the place at and the time during which, or the Internet website where, the code of practice which is the subject of the notice may be inspected; and
ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available for inspection by shipowners or seafarers free of charge.
(4)
No code of practice, no amendment to an approved code of practice, and no revocation of any such approved code of practice, has any force or effect until the notice relating to it is published in accordance with subsection (3).
(5)
An approved code of practice that is also either a code of practice issued or approved under another written law or a document prepared by any person or organisation other than the Authority must consist of the contents of that code or document as that code or document existed on the date it was issued or approved as an approved code of practice under this section.
(6)
If any provision of any approved code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —
has effect subject to the provisions of this Act; or
having regard to the provisions of this Act, does not have effect.
(7)
Any approved code of practice is deemed not to be subsidiary legislation.