The Antigua & Barbuda Merchant Shipping (Amendment) 2006.pmd
ANTIGUA
AND
BARBUDA
No. 9 of 2006. The Antigua and Barbuda Merchant
Shipping (Amendment) Act, 2006.
1
Short title.
Interpretation.
Amendment of
section 60 —
Hoisting national
colours.
ANTIGUA AND BARBUDA
No. 9 of 2006
AN ACT to amend the Antigua and Barbuda Merchant Shipping
Act, 2006 so as to provide increased penalties for offences
under the Act, to introduce new offences for non-compliance
with the terms of the Act, to increase the time limit within
which proceedings for offences must be brought, to add new
matters on which regulations, rules and directives may be
made, to increase the minimum age at which children may be
employed as seafarers and for incidental and connected mat-
ters.
[Published in the Official Gazette Vol. XXVI No. 55
dated 28th September, 2006. ]
ENACTED by the Parliament of Antigua and Barbuda as follows:
1. This Act may be cited as the Antigua and Barbuda Mer-
chant Shipping (Amendment) Act, 2006.
2. In this Act “the principal Act” means the Antigua and
Barbuda Merchant Shipping (Amendment) Act, 2006.
3. The principal Act is amended in section 60—
(a) in the marginal note by repealing “Housing” and
substituting “Hoisting”; and
[ L.S.]
I Assent,
James B. Carlisle,
Governor-General.
19th September, 2006
ANTIGUA
AND
BARBUDA
No. 9 of 2006.2 The Antigua and Barbuda Merchant
Shipping (Amendment) Act, 2006.
(b) by inserting after subsection (1) the following sub-
section—
“(1a) If default is made on board any ship
in complying with the provisions of subsec-
tion (1) the master, and the owner if he is on
board, of the ship is guilty of an offence and is
liable on summary conviction to a fine of five
thousand dollars.”.
4. The principal Act is amended in section 62—
(a) by numbering the existing provision as subsection
(1); and
(b) by adding at the end the following subsection—
“(2) If a person contravenes the provisions
of subsection (1) that person and each of the
master, owner and charterer if any, is guilty of
an offence and shall be liable on summary con-
viction to a fine of fifty thousand dollars or to
imprisonment for a term not exceeding two
years, or to both, and the ship shall be liable to
forfeiture.”.
5. The principal Act is amended in section 63—
(a) by numbering the existing provision as subsection
(1); and
(b) by adding at the end the following subsection—
“(2) If the master or owner contravenes the
provisions of subsection (1) each of the mas-
ter, owner and charterer if any, is guilty of an
offence and shall be liable on summary con-
viction to a fine of fifty thousand dollars or to
imprisonment for a term not exceeding two
years, or to both, and the ship shall be liable to
forfeiture.”.
Amendment of
section 62 – Un-
lawful assumption
of Antigua and
Barbuda charac-
ter
Amendment of
section 63 –
Concealment of
Antigua and
Barbuda national
character or
assumption of
foreign character
ANTIGUA
AND
BARBUDA
No. 9 of 2006. The Antigua and Barbuda Merchant
Shipping (Amendment) Act, 2006.
3
6. (1) The principal Act is amended in section 82(1) by repeal-
ing “fifteen” and substituting “sixteen”.
(2) Section 82(2) of the principal Act is repealed.
7. Section 98 of the principal Act is repealed.
8. The principal Act is amended in section 283(1)—
(a) in paragraph (a) by repealing “six” and substituting
“twelve”; and
(b) in paragraph (b)(ii) by repealing “six” and substitut-
ing “twelve”.
9. The principal Act is amended in the First Schedule by add-
ing at the end the following—
“36 Port state control
37 Large commercial yachts
38 Code of safety for Caribbean cargo ships”
10. The principal Act is amended as set out in the Schedule.
Amendment of
section 82 –
Employment of
children and
young persons as
seafarers.
Repeal of section
98 – Deduction
from wages.
Amendment of
section 283 –
Limitation of
time as to
summary
proceedings.
Amendment of
First Schedule -
Regulations.
Amendments to
penalties.
SCHEDULE
Section 3
AMENDMENTS TO PENALTIES IN THE ANTIGUA
AND BARBUDA MERCHANT SHIPPING ACT, 2006
Provision Repeal Insert
amended
Section 3(2) three thousand dollars ten thousand dollars
Section 4(3) five thousand dollars twenty-five thousand dollars
Section 19(2) three thousand dollars ten thousand dollars
Section 23(4) five thousand dollars twenty-five thousand dollars
Section 26(2) three thousand dollars six thousand dollars
Section 66 one thousand dollars five thousand dollars
Section 66 three months six months
ANTIGUA
AND
BARBUDA
No. 9 of 2006.4 The Antigua and Barbuda Merchant
Shipping (Amendment) Act, 2006.
Provision Repeal Insert
amended
Section 68(2) ten thousand dollars thirty thousand dollars
Section 71 (2) ten thousand dollars thirty thousand dollars
Section 75 five thousand dollars twenty-five thousand dollars
Section 75 three months twelve months
Section 76(3) one thousand dollars five thousand dollars
Section 79 (6) one thousand dollars five thousand dollars
Section 80(6) one thousand dollars five thousand dollars
Section 101 five thousand dollars thirty thousand dollars
Section 102(2) three thousand dollars fifteen thousand dollars
Section 106(1) two thousand dollars six thousand dollars
Section 112(2) one thousand dollars six thousand dollars
Section 113(4) one thousand dollars six thousand dollars
Section 117(2) one thousand dollars six thousand dollars
Section 118(4) two thousand dollars ten thousand dollars
Section 119 (3) two thousand dollars ten thousand dollars
Section 120 (5)(a) fifty thousand dollars seventy-five thousand dollars
Section 120 (5)(a) two years three years
Section 120(5)(b) five thousand dollars twenty-five thousand dollars
Section 120(5)(b) six months twelve months
Section 121 (2) one thousand dollars six thousand dollars
Section 122(2) three thousand dollars ten thousand dollars
Section 126(3) ten thousand dollars thirty thousand dollars
Section 128(4) five thousand dollars twenty-five thousand dollars
Section 128(4) three months twelve months
Section 129(2) five thousand dollars twenty-five thousand dollars
Section 129(2) three months twelve months
Section 131 five thousand dollars twenty-five thousand dollars
Section 132 three thousand dollars ten thousand dollars
Section 140(1) five thousand dollars twenty-five thousand dollars
Section 140(2) Fifty thousand dollars seventy-five thousand dollars
Section 140(2) five thousand dollars six thousand dollars
ANTIGUA
AND
BARBUDA
No. 9 of 2006. The Antigua and Barbuda Merchant
Shipping (Amendment) Act, 2006.
5
Provision Repeal Insert
amended
Section 150(2) ten thousand dollars thirty thousand dollars
Section 151 (3) ten thousand dollars thirty thousand dollars
Section 152(2) two thousand dollars eight thousand dollars
Section 153(2) two thousand dollars eight thousand dollars
Section 155(6) ten thousand dollars thirty thousand dollars
Section 157(5) five thousand dollars thirty thousand dollars
Section 160(2) ten thousand dollars thirty thousand dollars
Section 164(5) ten thousand dollars thirty thousand dollars
Section 165(2) five thousand dollars twenty-five thousand dollars
Section 166(3) two thousand dollars eight thousand dollars
Section 166(4) one thousand dollars five thousand dollars
Section 167(7) five thousand dollars twenty-five thousand dollars
Section 168(5) five thousand dollars twenty-five thousand dollars
Section 169(1) five thousand dollars twenty-five thousand dollars
Section 171(3) five thousand dollars twenty-five thousand dollars
Section 172 five thousand dollars twenty-five thousand dollars
Section 175(3) fifty thousand dollars one hundred thousand dollars
Section 176 five thousand dollars twenty-five thousand dollars
Section 187(2) twenty thousand dollars fifty thousand dollars
Section 187(3) two thousand dollars eight thousand dollars
Section 199(2) two thousand dollars eight thousand dollars
Section 201(7) two thousand dollars eight thousand dollars
Section 211(2) two thousand dollars eight thousand dollars
Section 213 five thousand dollars thirty thousand dollars
Section 214(3) two thousand dollars eight thousand dollars
Section 215(2) two thousand dollars eight thousand dollars
Section 253 one thousand dollars five thousand dollars
Section 279(2) two thousand dollars eight thousand dollars
Section 280(2) five thousand dollars fifteen thousand dollars
Section 280(3) one hundred dollars one thousand dollars
ANTIGUA
AND
BARBUDA
No. 9 of 2006.6 The Antigua and Barbuda Merchant
Shipping (Amendment) Act, 2006.
____________
Printed at the Government Printing Office, Antigua and Barbuda,
by Eric T. Bennett, Government Printer
—By Authority, 2006.
800—9.06 [ Price $2.95 ]
Passed the House of Representatives this
2nd day of August, 2006.
D. Giselle Isaac-Arrindell,
Speaker.
Yvonne . Henry,
Clerk to the House of Representatives.
Passed the Senate this 23rd day
of August, 2006.
Hazlyn M. Francis,
President.
Yvonne . Henry,
Clerk to the Senate.
ANTIGUA
AND
BARBUDA
No. 9 of 2006. The Antigua and Barbuda Merchant
Shipping (Amendment) Act, 2006.
7
ANTIGUA AND BARBUDA
THE ANTIGUA AND BARBUDA MERCHANT SHIPPING
(AMENDMENT) ACT, 2006
ARRANGEMENT OF SECTIONS
Sections
1. Short title.
2. Interpretation.
3. Amendment of section 60 — Hoisting national colours.
4. Amendment of section 62 — Unlawful assumption of Antigua and Barbuda
character.
5. Amendment of section 63 — Concealment of Antigua and Barbuda national
character or assumption of foreign character.
6. Amendment of section 82 — Employment of children and young persons as
seafarers.
7. Repeal of section 98 — Deduction from wages.
8. Amendment of section 283 — Limitation of time as to summary proceedings.
9. Amendment of First Schedule — Regulations.
10. Amendments to penalties.