Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part III · The International Oil Pollution Compensation Fund
18. Power to obtain information
Official textFrom Laws of Malaysia Online, unchanged
For the purpose of transmitting to the Fund the names and addresses of the persons who under section 17 are liable to make contributions to the Fund for any year, and the quantity of oil in respect of which they are so liable, the Director of Marine may by notice require any person engaged in producing, treating, distributing or transporting oil to furnish such information as may be specified in the notice.
the Fund
“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;
A notice under this section may specify the way in which, and the time within which, it is to be complied with.
28 Laws of Malaysia ACT 515
In proceedings by the Fund against any person to recover any amount due under section 17, particulars contained in any list transmitted by the Director of Marine to the Fund shall, so far as those particulars are based on information obtained under this section, be admissible as evidence of the facts stated in the list; and so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved.
person
“person” means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions;
If a person discloses any information which has been furnished to or obtained by him under this section, or in connection with the execution of this section, he shall, unless the disclosure is made—
with the consent of the person from whom the information was obtained;
in connection with the execution of this section; or
for the purposes of any legal proceedings arising out of this section or of any report of such proceedings, be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
A person who—
refuses or wilfully neglects to comply with a notice under this section; or
in furnishing any information in compliance with a notice under this section makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, 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.
Merchant Shipping (Liability and 29
Compensation for Oil and Bunker Oil Pollution)
Terms defined in this Act
bunker oil
Defined · s 2“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;
Director of Marine
Defined · s 2“Director of Marine” means the Director of Marine appointed under subsection 8(1) of the Merchant Shipping Ordinance 1952;
oil
Defined · s 2“oil”, except in Part III, means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a ship;
person
Defined · s 2“person” means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions;
the Fund
Defined · s 15“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI