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Maritime Act Ch.2 PDF Print E-mail

ADMINISTRATION

 

2.
31 of 98
Repealed 20 January 1999.
DEPUTY COMMISSIONER OF MARITIME AFFAIRS
3. (1)  The Commissioner may from time to time appoint Deputy Commissioners of Maritime Affairs.

(2)  The Commissioner may delegate to the Deputy Commissioners any of his powers and duties under the Act to be exercised in foreign ports.
SPECIAL AGENTS
3A.
8 of 89
(1)  The Commissioner may from time to time appoint such persons as he may think fit, as special agents.

(2)  The Commissioner may delegate to the special agents appointed under subsection (1) any of his powers and duties under the Act to be exercised in foreign ports.

(3)  A Deputy Commissioner may from time to time with prior written approval of the Commissioner appoint any person as his special agent.

(4)  A Deputy Commissioner may with the prior written approval of the Commissioner delegate to the special agents appointed under subsection (3) any of his powers and duties under the Act, to be exercised in foreign ports.
MARITIME ADMINISTRATOR
4.
31 of 98
The Authority may appoint on such terms and conditions as it deems fit, any person or persons, or body corporate to perform the functions of Maritime Administrator.
RECORDS RELATING TO VESSELS
5. There shall be maintained in the office of the Commissioner at Port Vila, Vanuatu and at the office of every Deputy Commissioner a central office where there shall be recorded or filed, in properly indexed public registers, all documents of the following nature

(a) bills of sale and other instruments of conveyance of vessels;

(b) mortgages or hypothecations of vessels;

(c) assignments of mortgages;

(d) certificates of permanent and provisional registry and licences;

(e) licences and certificates of officers and members of ship's crew;

(f) all other documents relating to vessels which are entitled to be recorded.
AUTHORITY TO TAKE DECLARATIONS AND ACKNOWLEDGMENTS
6.
8 of 89
(1)  Any declaration or acknowledgment required to be made under this Act shall be made before -

     (a)  the Commissioner or a Deputy Commissioner; or


(b)  a consul or consular agent of Vanuatu; or


(c)  a Diplomatic officer of Vanuatu; or


(d)  a Barrister or Solicitor; or


(e)  a notary public, a justice of the peace, a Commissioner of oaths or any other officer, authorized in that behalf by the laws of the place where the declaration is made; or
31 of 98
(f)  any other fit and proper authorized by the Authority, Commissioner or Deputy Commissioner for such purposes.

(2)  Any document purporting to have affixed, impressed or subscribed thereon or thereto the seal or signature of any person authorised under this Act, to take a declaration shall be admissible in evidence without proof of the seal or signature being the seal or signature of that person or of the official or other status of that person.
7.
8 of 89
Repealed 26 June 1989
 AUTHORITY TO ISSUE LICENCES, CERTIFICATES
8. (1) The Commissioner and every Deputy Commissioner are authorised to issue all such licences, certificates or other documents for officers and ship's personnel on vessels registered under this Act, as are necessary or proper for carrying out the purposes of the maritime law or of any international convention to which Vanuatu is or may become a party.
31 of 98 (2) In carrying out the licensing, certification and upgrading of ship's officers and personnel, the Authority upon the recommendation of the Commissioner shall from time to time, establish such standards, rules and regulations as it deems necessary and appropriate for maintaining a high standard for the merchant marine of Vanuatu.
15 of 87 (3) Failure of an owner of a vessel registered under this Act to file any required report relating to officers employed on the vessel shall result in an automatic fine of 1500 dollars for each offence and until paid, each such fine shall constitute a maritime lien on the vessel.
15 of 87 (4) Failure of an owner of a vessel registered under this Act, to ensure that each officer employed on the vessel holds a valid licence of competence to fill the position held by him duly issued under the provisions of this Act shall subject the owner thereof to a fine of 750 dollars for each officer so employed who does not hold such licence. Where such failure is admitted or is established by any required report, the fine shall be automatic. If a proper licence is obtained within 30 days of notice, from the Commissioner or Deputy Commissioner, the fine with respect thereto shall be remitted. Until paid or remitted, each fine shall constitute a maritime lien on the vessel.
SUSPENSION AND REVOCATION PROCEEDINGS
9.
8 of 89
(1) The Commissioner or any Deputy Commissioner shall have power to suspend or to revoke any licence, certificate, permit or document issued the provisions of this Act.
31 of 98 (2) The Authority, on the recommendation of the Commissioner may from time to time make such rules and regulations as are deemed by it necessary and appropriate to the conduct of suspension and revocation proceedings.
FEES AND PENALTIES
10. (1) The Authority may, on the recommendation of the Commissioner, prescribe all fees and penalties except in cases where the fee and penalty are already provided for in this Act.

(2) Where any tonnage tax or any fee payable under this Act or under any regulation made thereunder is not paid on or before the due date such tax or fee shall be deemed to be in default and the person who is liable to pay such tax or fee shall in addition to that tax or fee pay as penalty a further sum in such amount and in such manner as may be prescribed under subsection (1) of this section.

(3) The net tonnage of unique design and special purpose vessels shall be stipulated prior to the registration for purposes of this section.

(4) With respect to any vessel which has been admitted to Vanuatu registry and thereafter undergoes structural alteration or re-measurement resulting in a change in net tonnage, there shall be paid prior to re-entry into service a corresponding adjustment of the registration fees computed on any increase in tonnage.
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