Malaysia legislation

Section 77

of MERCHANT SHIPPING ORDINANCE (AMENDMENT) ACT 2016

Section 77

(2)

The person to whom the dispensation is issued shall be adequately qualified to fill the vacant post.

(3)

Dispensation shall not be issued for a master or chief engineer officer post, except in circumstances of force majeure and if issued, only for the shortest possible period.

(4)

Any dispensation shall be issued only to a person properly certified to fill the immediate post below the vacant post.

(5)

Notwithstanding subsection (4), a dispensation may be issued to a seafarer—

(a)

whose qualification and experience are, in the opinion of the Director of Marine, of clear equivalence to the requirements for the vacant post; or

(b)

who does not hold an appropriate certificate, provided that he pass an assesment determined by the Director of Marine.

(6)

Records of all dispensations issued under this section shall be kept by the owner and readily available for inspection, and an annual report on the dispensation shall be submitted to the Director of

Marine and such other parties as may be required by the Director of Marine.

Forgery of certificate, etc.

Section 77 — AKTA ORDINAN PERKAPALAN SAUDAGAR (PINDAAN) 2016