Malaysia legislation
Section 5
Section 5
Section 2 of the principal Act is amended—
(a)
in subsection (1)—
(i)
by substituting for the definition of "ship" the following definition:
“ship”—
(a)
in relation to a liability incurred under section 3, means any seagoing vessel and seaborne craft of any type constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard; or
(b)
in relation to a liability incurred under section 3A, means any seagoing vessel and seaborne craft of any type;';
(ii)
in the definition of "pollution damage", in paragraph (a)—
(A)
by inserting after the words "escape of oil" the words "or bunker oil"; and
(B)
by inserting after the semicolon appearing at the end of the paragraph the word "and";
(iii)
by inserting after the definition of "authorized officer" the following definition:
"Bunkers Convention" means the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 signed in London on 23 March 2001;';
(iv)
by inserting before the definition of "Court" the following definition:
"bunker oil" means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil;';
(v)
by inserting after the definition of "Bunkers Convention" the following definition:
"Bunkers Convention country" means a country in respect of which the Bunkers Convention is in force;';
(vi)
by substituting for the definition of "owner" the following definition:
“owner”—
(a)
in relation to a ship that incurs liability under section 3, means the registered owner; or
(b)
in relation to a ship that incurs liability under section 3A, means the registered owner, bareboat charterer, or manager and operator of the ship;'; and
(vii)
by inserting after the definition of "preventive measures" the following definition:
"registered owner" means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship, except that in relation to a ship owned by a State and operated by a company which in that State is registered as the ship's operator, "registered owner" shall mean such company;';
(b)
in subsection (2) in the English language text, by substituting for the words "resulting from the discharge or escape of any oil from" the words "caused by"; and
(c)
in paragraph (3)(a), by inserting after the words "Liability Convention country" wherever appearing the words "or Bunkers Convention country".
Amendment of heading to Part II