A BILL FOR AN ACT TO AMEND THE SHIP REGISTRATION DECREE 2013

Transcription

1 BILL NO. 27 OF 2014 A BILL FOR AN ACT TO AMEND THE SHIP REGISTRATION DECREE 2013 ENACTED by the Parliament of the Republic of Fiji Short title and commencement 1. (1) This Act may be cited as the Ship Registration (Amendment) Act 2014 and shall come into force on 1st January, (2) The Ship Registration Decree 2013 shall be referred to as the Decree. Section 2 amended 2. Section 2 of the Decree is amended by inserting the following definition Fiji-based operator means (a) a Fiji national who is ordinarily resident or carries on business in Fiji; or a Fiji national who is in a position to control the exercise of the rights and powers of the charterers under the charter agreement;

2 2 Ship Registration (Amendment) of 2014 Section 4 amended 3. Section 4 of the Decree is amended (a) in subsection (2) by (i) (ii) deleting A and substituting Subject to subsection (4), a ; and deleting any other and substituting foreign in paragraph ; by deleting subsection (3) and substituting the following (3) Notwithstanding subsection (2), a ship that is not a Fiji-owned ship, may be registered if that ship (a) (c) is a pleasure craft; calls at ports or places in Fiji; or is normally engaged on a qualifying route and the operations of which are managed by the appointed ship s agent on behalf of its owners, from a place of business in Fiji; and (c) by inserting the following new subsection after subsection (3) (4) Any second-hand ship which (a) has been imported for a purpose deemed by the Authority as a commercial purpose; and is 20 years old or more, shall not be registered. Section 5 amended 4. Section 5 of the Decree is amended by inserting the following new subsection after subsection (2) (2A) Subsection (2)(c) and (e) are not applicable for the registration of pleasure crafts. Section 17 amended 5. Section 17 of the Decree is amended by deleting registration number and substituting official number wherever it appears. Section 19 amended 6. Section 19 of the Decree is amended in subsection (1)(f) by deleting sub-paragraph (ii) and substituting the following (ii) the Fiji Navy or an arm or part of the Republic of Fiji Military Forces;

3 Ship Registration (Amendment) of Section 22 amended 7. Section 22 of the Decree is amended in (a) subsection (1) by deleting High Court and substituting Maritime Appeal Tribunal ; and subsection (2) by deleting court and substituting Maritime Appeal Tribunal. Amendment to references in the Decree 8. The Decree is amended in sections 2, 3 and 65 and the Schedule by deleting Republic of Fiji Military Forces and substituting Fiji Navy wherever it appears.

4 4 Office of the Attorney-General Suvavou House Suva December 2014 SHIP REGISTRATION (AMENDMENT) BILL 2014 EXPLANATORY NOTE (This note is not part of the Bill and is intended only to indicate its general effect) 1.0 BACKGROUND 1.1 This Bill seeks to amend the Ship Registration Decree 2013 ( Decree ). 2.0 CLAUSES 2.1 Clause 1 Provides for the short title and the commencement provision. 2.2 Clause 2 Provides for the inclusion of a new definition Fiji based operator to mean a Fiji national who is ordinarily resident or carries on business in Fiji who also can exercise the right of a charterer in section 2 of the Decree. 2.3 Clause 3 The Decree is amended in section 4 subsections (2) and (3) to provide for the registration of pleasure crafts by foreigners and to enable MSAF to monitor these ships within Fiji waters and to allow these ships to be used by MSAF to assist during search and rescue operations. This clause also amends section 4 subsection (4) of the Decree to state that any second hand ship more than 20 years old imported into the country for commercial purposes will not be registered and used in Fiji in order to ensure public safety regarding the seaworthiness of the ship. 2.4 Clause 4 Provides for the inclusion of a new subsection (2A) in section 5 to exclude the commercial requirement of submitting a tonnage certificate or a copy of the demised charter party in the application of a registration of a pleasure craft.

5 2.5 Clause 5 Allows for the replacement of the term registration or registry number with official number which is a number issued to a ship when registered in Fiji under section 17 of the Decree. The term official number is used consistently throughout the maritime Regulations. 2.6 Clause 6 Amended for the purposes of providing clarity in section 19 of the Decree which deals with names not to be registered under the Fiji Register of Ships specifically for a name proposed for a ship which falsely suggests connection with the Fiji Navy or an arm or part of the Republic of Fiji Military Forces. 2.7 Clause 7 Enables an aggrieved party to appeal to the Maritime Appeal Tribunal established under section 62 of the Maritime Transport (Amendment) Bill 2014 which is a body established to resolve disputes arising out of any decision made by an Authorised Officers under the Decree, the Chief Executive Officer or the Minister in relation to the Decree. 2.8 Clause 8 To amend sections 2, 3 and 65 and the Schedule by deleting references to The Republic of Fiji Military Forces and substituting with Fiji Navy. This is to clarify that naval ships are administered and operated by the Fiji Navy as opposed to the Republic of the Fiji Military Forces. 3.0 MINISTERIAL RESPONSIBILITY 3.1 The Act comes under the responsibility of the Minister responsible for Infrastructure and Transport. 5 A. SAYED-KHAIYUM Attorney-General Price: 70c S. NAVUNILAWA, Government Printer, Suva, Fiji /A/ Official Printer Since 1883