Singapore legislation
Section 53
Section 53
Validity of Maritime Labour Certificate
(1)
Subject to subsections (6) and (8), a Maritime Labour Certificate is valid, unless suspended or withdrawn, for a period not exceeding 5 years.
(2)
Subject to subsection (14), 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 must 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 mentioned in subsection (2) is not taken to the satisfaction of the Director or Recognised Organisation (as the case may be) within the period of time 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) must immediately notify the following persons of the suspension, revalidation or withdrawal (as the case may be) of the Maritime Labour Certificate:
the Director (where the suspension or revalidation was carried out by a Recognised Organisation);
the Recognised Organisation that issued that Maritime Labour Certificate in respect of the ship (where the suspension, revalidation or withdrawal was carried out by the Director);
the shipowner;
the master of the ship.
(5)
When a Maritime Labour Certificate is suspended or withdrawn, the shipowner and master of the ship must on demand deliver up the certificate to the Director or Recognised Organisation, as the case may be.
(6)
Subject to subsections (8) and (9), when the renewal inspection is completed not more than 3 months before the expiry of the Maritime Labour Certificate, the new Maritime Labour Certificate is 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)
Subject to subsections (8) and (9), when the renewal inspection is completed more than 3 months before the expiry of the Maritime Labour Certificate, the new Maritime Labour Certificate is 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)
Where the renewal inspection in respect of a ship is completed before the expiry of the existing Maritime Labour Certificate, but the new Maritime Labour Certificate cannot immediately be issued and made available on board that ship, the Director or a Recognised Organisation may extend the validity of the existing Maritime Labour Certificate for a period not exceeding 5 months after the date the existing Maritime Labour Certificate would otherwise expire.
(9)
Where the validity of the existing Maritime Labour Certificate is extended under subsection (8), the new Maritime Labour Certificate is valid for a period not exceeding 5 years after the date of expiry of the existing Maritime Labour Certificate following the grant of the extension under that subsection.
(10)
A Maritime Labour Certificate and an interim Maritime Labour Certificate issued under this Part must be in the form prescribed by the Authority.
(11)
A Maritime Labour Certificate issued under section 52 ceases to be valid in any of the following circumstances:
if the intermediate inspection is not completed within the period specified in section 52(2)(b);
if the certificate is not endorsed in accordance with section 52(4);
upon the transfer of the ship to the flag of another country;
if the shipowner ceases to assume responsibility for the operation of the ship;
when substantial changes have been made to the structure or equipment of the ship relating to accommodation, recreation, food or catering;
if the certificate is suspended, during the period of suspension;
if the certificate is withdrawn.
(12)
An interim Maritime Labour Certificate issued under section 51 ceases to be valid in any of the circumstances referred to in subsection (11)(c) to (g).
(13)
A shipowner or master of a ship who becomes aware that the ship does not comply with any requirement of this Act or other relevant written law, must notify the Director of the nature of non‑compliance without delay.
(14)
On the application of the shipowner or master, the Director may, if 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 —
until the next port of call; or
for a specified period,provided that the period of dispensation does not exceed one month.
(15)
The Director may, in granting a dispensation under subsection (14), impose any condition as the Director thinks fit.