Malaysia legislation
Section 60
Section 60
Regulations
(1)
The Minister may make such regulations as may be expedient or necessary for the better carrying out of the provisions of this
Act.
(2)
Without prejudice to the generality of subsection (1), the regulations may—
(a)
provide for the manner in which, and the time within which, applications in connection with the registration of yachts, including bareboat chartered yachts and yachting entities, are to be made, and the information and documents to be provided in relation to such applications;
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Langkawi International Yacht Registry
(b)
provide for the procedure for the registration of yachts, including bareboat chartered yachts and yachting entities, and the conditions to be complied with in respect of the registration;
(c)
provide for the procedure for the refusal to register, or the termination or revocation of registration of, yachts, including bareboat chartered yachts and yachting entities;
(d)
provide for the keeping of the Registers, the entries to be made in the Registers and the inspection of the Registers;
(e)
provide for the issuance of certificates of registry and other certificates under this Act, their production and surrender and matters to be recorded or endorsed on the certificates;
(f)
regulate and provide for the procedure for the names of yachts to be registered, the reservation of names for yachts and the change of the names of yachts;
(g)
provide for the numbering, and the carving and marking of yachts registered or to be registered;
(h)
provide for the inspection, measurement and survey of yachts for the purpose of ascertaining the tonnage of the yachts, and the issuance of tonnage certificates, including the cancellation and delivery up of the certificates;
(i)
provide for matters regarding the transfers, transmissions and mortgages of Langkawi yachts or any share in the yachts, including the form of instruments involved in the transactions;
(j)
prescribe the forms for the purposes of this Act;
(k)
prescribe and provide for the fees payable in connection with the provision of any service by the Director General or any other matter under this Act, including the annual tonnage dues, the manner for collecting and disbursing such fees and for matters relating to the failure to pay such fees;
(l)
provide for matters relating to Langkawi yachts that are operated under bareboat charter;
(m)
regulate and provide for the procedure in respect of
Langkawi yachts to be registered in a bareboat charter registry of another jurisdiction;
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(n)
provide for the safety, health and welfare of persons on board a Langkawi yacht, and for protecting the health of such persons;
(o)
provide for giving effect to relevant provisions of any international conventions and other treaty instruments to which Malaysia is a party, in so far as they relate to maritime safety, maritime security and the protection of the marine environment pertaining to yachts;
(p)
provide for the development of codes regulating matters concerning maritime safety, maritime security, protection of the marine environment and any other technical and crew related matters in respect of Langkawi yachts;
(q)
provide for the procedures in respect of the employment and discharge, and conditions of service of masters and crew members;
(r)
provide for the keeping, maintenance and surrender of documents in relation to the master and crew members;
(s)
provide for the training, certification and qualification of masters and crew members, including the standards of competence to be attained, and the manning of Langkawi yachts;
(t)
provide for any matter under this Act which is required or permitted to be prescribed.
Variation of fees 60A.
The Minister may, whenever it appears to him to be necessary or expendient, make such variation to the prescribed fees as he may think fit.
Modification of forms 60B.
The Director General may make such modifications to the prescribed forms as he deems necessary and proper.
Requirement for insurance cover 61.
Every Langkawi yacht shall carry insurance cover against risks of loss and damage to third parties, in particular the owner’s liabilities to a crew member, and in respect of the removal of the yacht in the event that the yacht is abandoned or becomes a wreck.
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Langkawi International Yacht Registry
Electronic filing of documents 61A. (1) The Director General may provide a service for the electronic filing or lodging of any documents required by this Act or the regulations made under it to be submitted to the Director
General.
(2)
A person who intends to use the service provided under subsection (1) shall become a subscriber to the service by paying the prescribed fee and complying with such term and conditions as may be determined by the Director General.
(3)
Only a subscriber to the service provided under subsection
(1)
may electronically file and lodge documents with the Director
General.
(4)
The Director General may determine the documents that may be electronically filed or lodged.
(5)
A document electronically filed or lodged under this section shall be deemed to have satisfied the requirement for the submission of such documents if the document is communicated or transmitted to the Director General in such manner as may be determined by the Director General.
(6)
A document that is required to be stamped, signed or sealed shall, if it is to be electronically filed or lodged, be certified or authenticated in such manner as may be determined by the Director
General.
(7)
A copy of or an extract from any document electronically filed or lodged with the Director General under subsection (1)
supplied or issued by the Director General and certified under the hand of the Director General to be a true copy of or an extract from such document shall be admissible in evidence in any proceedings as of equal validity as the original document.
(8)
Where a document is electronically filed or lodged with the
Director General, the Director General shall not be liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or however arising appearing in any document obtained by any person under the service referred to in subsection (1), if such error or omission was made in good faith
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and in the ordinary course of the discharge of the duties of the
Director General or occured or arose as a result of any defect or breakdown in the service or in the equipment used for the provision of the service.
Expenses for transmission of documents 61B. Where in connection with any service, transaction or matter the Director General is of the opinion that expenses have been incurred to transmit information or other documents to places in
Malaysia or outside Malaysia by post, telegram, facsimile or other similar means, there shall be payable in addition to the prescribed fee, the expenses incurred in respect of such service, transaction or matter.