Appropriation Act, 2006

Link to law: http://laws.gov.ag/acts/2006/a2006-9.pdf

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.
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