Malaysia legislation
Section 17
Section 17
New section 11A
The principal Act is amended by inserting after section 11 the following section:
Quoted provision
Section 11A
(2)
Any such ship shall not enter or leave a port in Malaysia or arrive at or leave a terminal installation area in any area of Malaysia or, if the ship is registered in Malaysia, it shall not enter or leave a port in any other country or a terminal installation in the territorial sea of any other country, unless there is in force a certificate complying with subsection (3) and showing that there is in force in respect of the ship a contract of insurance or other financial security satisfying the requirements of Article 7 of the Bunkers Convention (cover for owner's liability).
(3)
The certificate shall be—
(a)
if the ship is registered in Malaysia, a certificate issued by the Director of Marine;
(b)
if the ship is registered in a Bunkers Convention country other than Malaysia, a certificate issued by or under the authority of the government of that country; and
(c)
if the ship is registered in a country which is not a Bunkers Convention country, a certificate issued by the Director of Marine or a certificate issued by or under the authority of any Bunkers Convention country.
(4)
The certificate issued under paragraphs (3)(a) and (c) by the Director of Marine shall be in the national language and shall also include a translation in the English language.
(5)
Any certificate required by this section to be in force in respect of a ship shall be carried in the ship and shall, on demand, be produced by the master to the Director of Marine or any authorized officer.
(6)
If a ship enters or leaves, or attempts to enter or leave, a port or arrives at or leaves or attempts to arrive at or leave, a terminal installation in contravention of subsection (2), the master or the owner of the ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding four years or to both.
(7)
If a ship fails to carry or the master of a ship fails to produce a certificate as required by subsection (5), the master of the ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(8)
If a ship attempts to leave a port or a terminal installation in Malaysia in contravention of this section, the ship may be detained.".
Amendment of section 12