Shipping (Amendment) Act 2008 (No. 12 of 2008)

Shipping (Amendment) Act 2008 Commencement: 4 August 2008 REPUBLIC OF VANUATU SHIPPING (AMENDMENT) ACT NO. 12 OF 2008 Arrangement of Sections 1. Amendment 2. Commencement REPUBLIC OF VANUATU Assent: 12/06/2008 Commencement: 04/08/2008 SHIPPING (AMENDMENT) ACT NO. 12 OF 2008 An Act to amend the Shipping Act [CAP 53]. Be it enacted by the President and Parliament as follows: 1 Amendment The Shipping Act [CAP 53] is amended as set out in the Schedule. 2 Commencement This Act commences on the date on which it is published in the Gazette. SCHEDULE AMENDMENTS OF THE SHIPPING ACT [CAP 53] Section 1 (definition of approved) Delete "Authority", substitute "Minister" http://www.paclii.org/vu/legis/consol act/sa111/ Section 1 (definition of Authority) Repeal the definition. 3 Section 1 (definition of Minister) Repeal the definition, substitute "Minister" means the Minister responsible for the administration of this Act;" 4 Section 1 (definition of seaman) After "employed" insert "or acting" 5 Subsection 2(1) Repeal the subsection, substitute "(1) Subject to the prior approval of the Council of Ministers, the Minister is to appoint a Principal Licensing Officer. (2) The Principal Licensing Officer may grant licences and certificates under this Act. (3) The Principal Licensing Officer may appoint other licensing officers to grant such licences and certificates. (4) The Principal Licensing Officer and the licensing officers: (a) must be employees in the Public Service; and (b) are deemed to be leaders for the purpose of Parts 2, 3,5 and 6 of the Leadership Code Act [CAP 240]." 6 Subsection 2(2) Renumber the subsection as (5). 7 Paragraph 3(2) (b) Delete all the words from and including "VT 25,000" to and including " 2 months", substitute "VT100,000 or to a term of imprisonment not exceeding 3 months" 8 Section 13 Delete all the words from and including "VT 50,000" to and including "1 month", substitute "VT200, 000 or a term of imprisonment not exceeding 2 months" 9 Section 14 Delete "VT50, 000" substitute "VT500, 000" 10 Subsection 16(3) Delete "VT100, 000" substitute "VT 500,000" 11 Subsection 17(3) Delete "VT100, 000" substitute "VT500, 000" 12 Subsection 18(1) Delete "VT100, 000" substitute "VT500, 000" 13 Subsection 18(2) Delete all the words from and including "VT25, 000" to and including "2 months", substitute "VT100,000 or to a term of imprisonment not exceeding 3 months" 14 Subsection 20(5) Delete "VT50, 000" substitute "VT500, 000" 15 After section 26 Insert "26A Reissue of safety certificates (1) If a vessel is altered so as not to comply with the particulars made under section 19, the owner of the vessel must within 1 month of the date of such alteration notify the Principal Licensing Officer in writing. (2) The Principal Licensing Officer may require the vessel to be re-surveyed. (3) The owner of a vessel that is required to be re-surveyed must pay the relevant survey fee set out under Schedule 9. (4) The Principal Licensing Officer may reissue a safety certificate for the unexpired term of the original safety certificate if he or she is satisfied that: (a) the vessel is safe; and (b) the vessel has complied with the requirements of this Act. (5) A licensing officer must keep a copy of the safety certificate reissued under this section. (6) The Principal Licensing Officer or a licensing officer may by notice in writing to the holder of the safety certificate at any time revoke or suspend a safety certificate reissued under this section, and the notice must set out the reasons for the revocation or suspension. 16 Subsection 28 (1) Delete "defective" 17 Subsection 29(2) Delete all the words from and including "VT25, 000" to and including "2 months", substitute "VT100,000 or to a term of imprisonment not exceeding 3 months" 18 Section 30 Delete "Authority", substitute "Minister" 19 Subsection 32 (2) Delete "VT300, 000" substitute "VT1, 000,000" 20 Subsection 33(1) Delete "VT300, 000" substitute "VT500, 000" 21 Subsection 34(1) Delete "VT500, 000" substitute "VT1, 500,000" 22 Subsection 34(2) Delete all the words from and including "VT500,000" to and including "1 year", substitute "VT1,500,000 or to a term of imprisonment not exceeding 5 years" 23 Subsection 35(2) Delete "VT100, 000"substitute "VT300, 000" 24 Paragraph 37(1)(f) Delete "offensive" (first occurring) 25 Subsection 37(1) Delete "VT100, 000" substitute "VT200, 000" 26 Subsection 38(4) Delete "VT50, 000" substitute "VT200, 000" 27 Subsection 39(2) Delete "VT100,000" substitute "VT300,000" 28 Subsection 41(1) Delete all the words from and including "VT25, 000" to and including "2 months", substitute "VT100,000 or to a sentence of imprisonment not exceeding 3 months" 29 Subsection 41(2) Delete "VT50,000", substitute "VT200,000" 30 Section 42 Delete "VT100,000" substitute "VT500,000" 31 Section 43 Delete "VT50,000", substitute "VT100,000" 32 Paragraph 45(2)(d) Delete ".", substitute ";" 33 After paragraph 45(2)(d) Insert "(e) the procedure to be followed for the hearing and determination of an appeal under section 46." 34 Section 46 Repeal the section, substitute "46 Appeal against decision of licensing officer (1) A person who is not satisfied with any decision of a licensing officer may appeal to the Minister within 21 days after being notified of the decision. (2) The Minister may affirm, vary or set aside the decision from which an appeal is made and must notify the appellant in writing of such determination." 35 After section 47 Insert "47A Delegation The Minister may in writing, delegate to an officer or employee of the Public Service Commission any of his or her powers, duties and functions under this Act except the power of delegation." 36 Schedule 3- Part 1 Repeal the Part, substitute "Part 1 Fees for certificate for competency Subsection 4(3) Column 1 Column 2 VATU Coxswain 3rd Class 1,500 Coxswain 2nd Class 2,000 Coxswain 1st Class 2,000 Mate Vanuatu 3,000 Master Vanuatu 3,000 Mate Pacific Is. Vanuatu 4,000 Master Pacific Is.Vanuatu 4,000 Mechanic 3rd Class 1,000 Mechanic 2nd Class 2,000 Mechanic 1st Class 2,000 Engineer 300 B.H.P 3,000 Engineer 500 B.H.P 5,000 " 37 Schedule 3- Part 2 Repeal the Part, substitute "Part 2 Fees for Lost Certificate (Section 12) Column 1 Column 2 VATU Coxswains and Mechanics 500 Masters, Mates and Engineers 500 " 38 Subclause 1(c) of Schedule 4 Delete "Authority" substitute "Minister" 39 Schedule 4 –Note Delete "Vanuatu Maritime Authority", substitute "Minister" 40 Schedule 9 Repeal columns (1), (2) and (3), substitute " Column 1 Gross tonnage of vessel Column (2) Fees for survey VATU Column (3) Fees for every additional visit VATU Less than 10 tons 7,500 750 10 and over but less than 25 10,000 1,000 25 and over but less than 50 20,000 2,000 50 and over but less than 100 30,000 3,000 100 and over but less than 150 40,000 4,000 150 and over but less than 300 50,000 5,000 300 and over but less than 500 75,000 7,500 500 and over 100,000 10,000 " © 1998 University of the South Pacific