Merchant Shipping (Maritime Labour Convention) Act 2014 · 2020 Revised Edition · Part 8 · Inspection and Certification
53. Validity of Maritime Labour Certificate
Feedback & supportLast amended by an amending law of 2019.
Subject to subsections (6) and (8), a Maritime Labour Certificate is valid, unless suspended or withdrawn, for a period not exceeding 5 years.
Maritime Labour Certificate
“Maritime Labour Certificate” means the certificate mentioned in section 52;
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.
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;
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.
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;
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:
Recognised Organisation
“Recognised Organisation” means any organisation appointed by the Director under section 5(1) of the Merchant Shipping Act 1995, or the Merchant Shipping (Authorised Organisations) Regulations or any regulations made under section 116 of the Merchant Shipping Act 1995, and authorised by the Director to do one or more of the following:(a)survey and inspect Singapore ships for the purposes of the requirements of the Convention or this Act;(b)issue Maritime Labour Certificates and Declarations of Maritime Labour Compliance in respect of Singapore ships;
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.
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.
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;
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.
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.
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.
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.
A Maritime Labour Certificate and an interim Maritime Labour Certificate issued under this Part must be in the form prescribed by the Authority.
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.
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).
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.
master
“master” includes every person, except a pilot, having command or charge of a ship;
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 —
other relevant written law
“other relevant written law” means other written law implementing the requirements of the Convention, as specified in the First Schedule;
until the next port of call; or
for a specified period,provided that the period of dispensation does not exceed one month.
The Director may, in granting a dispensation under subsection (14), impose any condition as the Director thinks fit.