Malaysia legislation
Section 61
Section 61
(2)
Subject to this section and any regulations made thereunder the Commission shall have full power in its discretion either to grant or to refuse any such permit as aforesaid, and any such permit may be granted by the Commission for such period and subject to such conditions as it thinks fit, and the Commission may at any time by notice in writing to the holder of the permit revoke, suspend or vary the permit:
Provided that the Commission shall, in exercising its discretion, take into consideration the requirements of the port as a whole.
(3)
It shall not be necessary for such permit as aforesaid to be so framed as to apply only in relation to a particular vessel, and more than one permit as aforesaid may be granted to the same person.
(4)
Any person aggrieved by the refusal of the Commission to grant such a permit as aforesaid or by the revocation, suspension or variation of a permit, may appeal to the Minister whose decision thereon shall be final.
(5)
The Commission, with the approval of the Minister, may make regulations for the purpose of carrying this section into effect and without prejudice to the generality of the preceding provision, the regulation may provide for—
(a)
the manner of application for and the determination of any questions in connection with the issue, variation, suspension and revocation of permits under this section;
(b)
the issue of permits, and the issue of copies of permits in the case of permits lost or destroyed, including the fees to be charged in connection with the issue of permits or copies; and
(c)
the means by which vessels are to be identified as being vessels authorized to be used for the conveyance of goods and cargo under any such permit.
Penang Port Commission 49
(6)
Any person to whom a permit is issued under this section shall from time to time supply to the Commission such information as the Commission may reasonably require as to the nature and amount of the goods and cargo conveyed in accordance with the permit in any specified period and shall keep records for this purpose, and any failure to supply the information or to keep records shall be deemed to be a breach of the conditions of the permit.
(7)
Any person who uses any vessel for the conveyance of goods and cargo within the port without a permit issued under this section or contrary to the conditions (if any) of the permit shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit.
(8)
The Commission in its discretion may exempt from the requirements of this section any vessel or class of vessels of less than ten ton gross tonnage and may terminate any such exemption.
(9)
Nothing in this section shall be deemed to affect or modify the provisions of Part XIII of the Merchant Shipping Ordinance 1952, with regard to the licensing of boats for the conveyance of cargo, and no permit shall be issued under this section in respect of any vessel required to be licensed under those provisions unless the vessel has been duly licensed thereunder.
Regulation of use of Wharves and Premises
Minister may appoint places to be used for the collection of revenue duties