In force2020 Revised Edition

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Merchant Shipping (Maritime Labour Convention) Act 2014 · 2020 Revised Edition · Part 10 · Inspections in Port

58. Inspection of vessels in port

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(1)

A ship is subject to inspection by a surveyor of ships or any person duly authorised by the Director.

(2)

Subject to subsection (3), any inspection is limited to verifying that there are carried on board the ship —

(a)

a valid Maritime Labour Certificate or a valid interim Maritime Labour Certificate; and

(b)

a valid Declaration of Maritime Labour Compliance,issued under this Act in respect of a Singapore ship, or their equivalent issued under the national laws of the flag State of the ship if that ship is not a Singapore ship.

(3)

If any of the conditions mentioned in subsection (4) apply, the ship may be subject to a detailed inspection by a surveyor of ships or a person duly authorised by the Director, to determine whether the ship —

(a)

being a Singapore ship, is in compliance with the requirements of this Act and other relevant written law; or

(b)

being a ship that is not a Singapore ship, is in compliance with the requirements of the Convention.

(4)

The conditions referred to in subsection (3) are as follows:

(a)

the documents referred to in subsection (2) are not produced;

(b)

the documents referred to in subsection (2) are invalid, are not maintained, are falsely maintained, or do not contain particulars or information required by this Act or the Convention, as the case may be;

(c)

there are clear grounds for believing that the working and living conditions on board the ship do not conform to the requirements of this Act or other relevant written law, or of the Convention, as the case may be;

(d)

there are reasonable grounds for believing that the ship has changed flag for the purpose of avoiding compliance with this Act or the Convention, as the case may be;

(e)

there is a complaint alleging that specific working and living conditions on board the ship do not comply with the requirements of this Act or other relevant written law, or of the Convention, as the case may be;

(f)

the working and living conditions on board the ship could constitute a clear hazard to the safety, health or security of seafarers;

(g)

the surveyor of ships or the person duly authorised by the Director has grounds to believe that any deficiencies present constitute a serious breach of the requirements of this Act or other relevant written law, or of the Convention, as the case may be.

(5)

An inspection conducted on a ship that is not a Singapore ship pursuant to subsection (4)(a), (b), (c) or (d) must in principle cover the matters specified in the Second Schedule.

(6)

An inspection conducted pursuant to subsection (4)(e) must generally be limited to the scope of the complaint.

(7)

The surveyor of ships or the person duly authorised by the Director may, for the purposes of an inspection —

(a)

board any ship, without previous notice to the shipowner, master or person in charge of that ship, for the purposes of inspecting that ship;

(b)

inspect any ship, after giving previous notice to the shipowner, master or person in charge of that ship;

(c)

summon any person before him or her and require the person to answer questions;

(d)

require the production of any book, logbook, certificate, register, document or other information relating to any ship;

(e)

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;

(f)

require the display of notices, certificates or documents required by this Act or other relevant written law, or the Convention, as the case may be; and

(g)

require rectification of deficiencies that may be identified in the seafarers’ working and living conditions on any ship.

(8)

Any sample taken under this section must be disposed of and accounted for in such manner as the Director may direct.

(9)

In this section, “complaint” means any information submitted by any seafarer, professional body, association, trade union, or person with an interest in the safety of the ship or the safety and health of the seafarers on board any ship.

Terms defined in s 2

Convention
Defined · s 2
“Convention” means the Maritime Labour Convention, 2006 adopted by the International Labour Organization at Geneva on 23 February 2006 and —(a)includes any amendment to the Convention which has come into force and has been accepted by the Government; and(b)where the context admits or requires, includes the Regulations, and the Standards in Part A of the Code, of the Convention;
Open s 2
Declaration of Maritime Labour Compliance
Defined · s 2
“Declaration of Maritime Labour Compliance” means the declaration mentioned in section 50;
Open s 2
Director
Defined · s 2
“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;
Open s 2
Maritime Labour Certificate
Defined · s 2
“Maritime Labour Certificate” means the certificate mentioned in section 52;
Open s 2
master
Defined · s 2
“master” includes every person, except a pilot, having command or charge of a ship;
Open s 2
other relevant written law
Defined · s 2
“other relevant written law” means other written law implementing the requirements of the Convention, as specified in the First Schedule;
Open s 2
requirements of the Convention
Defined · s 2
“requirements of the Convention” refers to the requirements in the Articles, the Regulations, and Part A of the Code, of the Convention;
Open s 2
seafarer
Defined · s 2
“seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship, but does not include —(a)a pilot;(b)a port worker;(c)a person temporarily employed on the ship during the period it is in port; and(d)a person specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of persons not to be regarded as seafarers;
Open s 2
ship
Defined · s 2
“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;
Open s 2
shipowner
Defined · s 2
“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;
Open s 2
Singapore ship
Defined · s 2
“Singapore ship” has the meaning given by the Merchant Shipping Act 1995;
Open s 2
surveyor of ships
Defined · s 2
“surveyor of ships” means a person appointed as a surveyor of ships under section 5 of the Merchant Shipping Act 1995;
Open s 2

Report

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Part 11

Miscellaneous

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Schedules

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