Malaysia legislation

Section 1

of LANGKAWI INTERNATIONAL YACHT REGISTRY ACT 2003

Section 1

Short title and commencement

(1)

This Act may be cited as the Langkawi International Yacht

Registry Act 2003.

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation 2.

In this Act, unless the context otherwise requires—

“crew member” includes every person, other than the master and pilot, employed or engaged in any capacity on board a yacht;

“Yachting Entities Register” means the Langkawi International

Yachting Entities Register maintained under section 6;

“Yachts Register” means the Langkawi International Yachts

“prescribed” means prescribed by regulations;

“yachting entity” means a company, partnership, limited partnership, society, association or other body of persons with yacht-related interests, regardless of its place of incorporation or establishment, and whether or not the instrument of its creation and existence, expressly or by operation of law, confers or recognizes its capacity under the law to sue and be sued in its own name or in the name of its lawful fiduciary or legal representative;

“surveyor” means a person authorized by the Director General under subsection 3(3);

“yacht” means a yacht used for sports, pleasure or recreation, and includes a commercial yacht and a private yacht;

“Langkawi yacht” means a yacht registered under this Act;

“commercial yacht” means a yacht that is in commercial use;

“private yacht” means a yacht in private use solely for the sports, pleasure or recreation of the owner, and for the purpose of this definition “owner” includes—

(a)

where the owner is an individual, his immediate family members and friends;

(b)

where the owner is any other entity, its officers, shareholders or other beneficial owners, beneficiaries or members, and their immediate family members and friends; or

(c)

a lessee or charterer;

“bareboat chartered yacht” means a yacht registered under section 25;

“commercial use” means the use of a yacht to carry passengers for hire, but does not include a bareboat charter for private use, and the acceptance by the owner of the yacht of a contribution to the actual cost of the yacht or its operation pro-rated for the period of the voyage;

“private use” means the use of a yacht for a private voyage, where during such voyage the yacht is not in commercial use or otherwise offered to the public for its use;

“Director General” means the Director of Marine appointed under subsection 8(l) of the Merchant Shipping Ordinance 1952

[Ord. 70/1952];

Langkawi International Yacht Registry

“Court” means a court of competent jurisdiction in Malaysia, or in relation to the proceedings in question, any court having jurisdiction in the matter to which the proceedings relate;

“Minister” means the Minister charged with the responsibility for merchant shipping;

“master” means every person, other than a pilot, having the command or charge of a yacht, and includes a skipper of a yacht;

“authorized officer” means an officer appointed under subsection 3(l);

“Registry” means the Langkawi International Yacht Registry;

“primary registry” means the registry in which the yacht is registered at the time an application is made to register the yacht as a bareboat chartered yacht under this Act, and “primary registration” shall be construed accordingly;

“voyage” includes excursion;

“owner”, in relation to a yacht, means the registered owner, and includes a bareboat charterer, a managing owner and a managing agent;

“certificate of registry” means a certificate of registry issued to a yacht registered under this Act, and includes an interim certificate of registry and a certificate of bareboat charter registry;

“certificate of bareboat charter registry” means a certificate of registry issued to a bareboat chartered yacht registered under section 25;

“tonnage certificate” means the tonnage certificate issued under section 18;

“regulations” means regulations made under this Act;

“closure transcript” means a certified extract from the Yachts

Langkawi yacht has been closed, the date of its closure, and the details about the yacht and its ownership at the time of closure.

Appointment, authorization and delegation by the Director

Read in full context — LANGKAWI INTERNATIONAL YACHT REGISTRY ACT 2003 →