Merchant Shipping (Maritime Labour Convention) Act 2014 · 2020 Revised Edition · Part 8 · Inspection and Certification
49. Power to inspect ships
Feedback & supportEvery inspection of a ship must be carried out in the manner provided in this Act.
ship
“ship” has the meaning given by the Merchant Shipping Act 1995, but does not include —(a)any vessel which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where the Maritime and Port Authority of Singapore (Port) Regulations apply;(b)any warship or naval auxiliary;(c)any ship engaged in fishing or in similar pursuits;(d)any ship of traditional build such as dhows and junks;(e)any ship that is intended to be operated without any seafarer on board; and(f)any ship specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of ships to be excluded from the application of this Act;
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.
other relevant written law
“other relevant written law” means other written law implementing the requirements of the Convention, as specified in the First Schedule;
The Director or a surveyor of ships may, for the purposes of an inspection —
Director
“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that Act;
board any ship, without previous notice to the shipowner, master or person in charge of that ship, for the purposes of inspecting that ship;
inspect any ship, after giving previous notice to the shipowner, master or person in charge of that ship;
summon any person before the Director or surveyor and require the person to answer questions;
require the production of any book, logbook, certificate, register, document or other information relating to any ship;
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;
require the display of notices, certificates or documents required by this Act or other relevant written law; and
require rectification of deficiencies that may be identified in the seafarers’ working and living conditions on any ship.
Any sample taken under this section must be disposed of and accounted for in such manner as the Director may direct.
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 written notice require the shipowner to rectify the non‑conformity within the time specified in the notice.
surveyor of ships
“surveyor of ships” means a person appointed as a surveyor of ships under section 5 of the Merchant Shipping Act 1995;
Any shipowner who, without reasonable excuse, fails to comply with a notice issued to the shipowner under subsection (5) within the time 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.
shipowner
“shipowner”, in relation to a ship, means the owner of the ship, and includes —(a)the registered owner; or(b)in the absence of registration —(i)the person owning the ship; or(ii)any other person (such as the ship manager, agent or bareboat charterer) who has assumed responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with the Convention, whether or not any other organisation or person fulfils certain of the duties or responsibilities on the shipowner’s behalf;