Malaysia legislation

Section 117

of MERCHANT SHIPPING ORDINANCE (AMENDMENT) ACT 2016

Section 117

(2)

The owner of the ship shall make an application for the Maritime Labour Certificate to the Director of Marine.

(3)

The Director of Marine may, upon payment of the prescribed fee, issue the Maritime Labour

Certificate, subject to any conditions that he considers fit to impose, if—

(a)

he is satisfied that the ship has complied with all the requirements of this Part and the rules made under this Part; and

(b)

there is a Declaration of Maritime Labour

Compliance issued in respect of the ship.

Merchant Shipping Ordinance (Amendment)

(4)

The Director of Marine may, pending the issuance of the Maritime Labour Certificate, issue an Interim Maritime Labour Certificate subject to any conditions that he considers fit to impose.

(5)

The validity period of—

(a)

the Maritime Labour Certificate issued under subsection (3) shall not exceed five years;

and

(b)

the Interim Maritime Labour Certificate issued under subsection (4) shall not exceed six months and can only be issued to the ship once.

(6)

The Maritime Labour Certificate or Interim

Maritime Labour Certificate, and the Declaration of Maritime Labour Compliance shall—

(a)

be displayed in a conspicuous place on board the ship;

(b)

readily available for inspection on board the ship; and

(c)

be produced, on request, to a seafarer employed on the ship, the Director of Marine, authorized officer, or the representative of the owner or the seafarer.

(7)

For the purposes of this section, a Declaration of Maritime Labour Compliance shall comprise of—

(a)

Part I, which shall be issued by the Director of Marine, upon payment of a prescribed fee and which shall identify, the list of matters for inspection, the relevant provisions of this Part and the rules made under this Part, any ship-type specific requirements, any substantially equivalent provisions adopted, and any exemption granted; and

(b)

Part II, which shall be drawn up by the owner and shall identify measures undertaken by the owner to ensure ongoing compliance with the provisions of this Part and rules made under this Part during the period between inspections and the measures proposed to ensure continuous improvement.

Suspension or revocation of Maritime

Labour

Certificate and Interim

Maritime

Labour

Certificate.

Section 117 — AKTA ORDINAN PERKAPALAN SAUDAGAR (PINDAAN) 2016