Merchant Shipping Act


2008 Revised Edition

CAP. 48.28






MERCHANT SHIPPING ACT

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MERCHANT SHIPPING ACT

Arrangement of Sections
Section

PART I - PRELIMINARY 9
1 Short title................................................................................................................ 9
2 Commencement ..................................................................................................... 9
3 Interpretation.......................................................................................................... 9

PART II - REGISTRATION OF SHIPS 10

DIVISION 1 - THE REGISTRAR AND REGISTER OF SHIPS 10
4 Registrar of Ships................................................................................................. 10
5 Register of Ships.................................................................................................. 10
DIVISION 2 - REGISTRATION OF SHIPS 10
6 Provisions relating to registration ........................................................................ 10
7 Port of registry ..................................................................................................... 11
8 Registration of ships ............................................................................................ 11
9 Restriction on registration of ship........................................................................ 12
10 Ship not entitled to be registered ......................................................................... 12
11 Survey and measurement of ship ......................................................................... 12
12 Marking of ship.................................................................................................... 13
13 Application for registration.................................................................................. 13
14 Declaration of ownership on registry................................................................... 14
15 Registration of ships procedure ........................................................................... 14
16 Certificate of registry ........................................................................................... 15
17 Power to grant new certificate ............................................................................. 15
18 Provisional registration ........................................................................................ 15
19 Loss of certificate of registry ............................................................................... 16
20 Change in ownership ........................................................................................... 16
21 Delivery of certificate where ship is lost, etc....................................................... 17
22 Registry of alterations .......................................................................................... 18

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DIVISION 2A - BAREBOAT CHARTER REGISTRATION 18
22A Interpretation ........................................................................................................18
22B Compatible Registries ..........................................................................................19
22C Conditions for registration ...................................................................................19
22D Ascertainment of tonnage.....................................................................................20
22E Name of ship bareboat chartered registered in Tuvalu.........................................20
22F Bareboat charter registration ................................................................................21
22G Duration of bareboat charter registration .............................................................21
22H Extension of bareboat charter registration............................................................21
22I International convention certificates of ship bareboat charter registered in

Tuvalu ..................................................................................................................22
22J Jurisdiction over a ship registered under this Division ........................................22
22K Ownership of ship registered under this Division ................................................22
22L Payment of fees ....................................................................................................23
22M Mortgages and encumbrances ..............................................................................23
22N Closure of bareboat charter registration ...............................................................23
22O Bareboat charter registration in a foreign registry................................................24
22P Consent of the Registrar .......................................................................................24
22Q Name of ship bareboat charter registered in a foreign registry ............................25
22R Registration in a foreign bareboat charter ............................................................25
22S Bareboat charter registration of a Tuvaluan ship in a foreign registry.................25
22T Obligations while a ship is in a foreign bareboat charter registry ........................26
22U Payment of fees while ship is in a foreign bareboat charter registry....................26
22V International convention certificates ship bareboat charter registered in

foreign registry .....................................................................................................26
22W Title, mortgages and encumbrances of ship bareboat charter registered in a

foreign registry .....................................................................................................27
22X Termination of bareboat charter registration in foreign registry ..........................27
22Y Regulations...........................................................................................................28
DIVISION 3 - TRANSFERS AND TRANSMISSIONS 28
23 Transfer to be by bill of sale.................................................................................28
24 Declaration of transfer..........................................................................................28
25 Registration of transfer.........................................................................................29
26 Transmission of ship on death, bankruptcy, etc. ..................................................29
27 Order for sale on transmission to unqualified person, etc. ...................................29
28 Transfer of ship on sale by order of Court ...........................................................30
29 Court may prohibit Transfer.................................................................................30
DIVISION 4 - MORTGAGES 30
30 Method of mortgage of ship .................................................................................30
31 Entry of discharge of mortgage ............................................................................31
32 Priority of mortgages............................................................................................31
33 Powers of mortgagee............................................................................................31
34 Transfer of mortgage............................................................................................32
35 Transmission of interest in mortgage by death, etc. .............................................32

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DIVISION 5 - NATIONAL CHARACTER AND FLAG 32
36 Penalty for unduly assuming Tuvaluan character ................................................ 32
37 Penalty for concealment of Tuvaluan character, etc. ........................................... 32
38 Forfeiture for offence under section 37 ............................................................... 33
39 National colours ................................................................................................... 33
40 Colours other than national colours ..................................................................... 33
DIVISION 6 - MISCELLANEOUS 33
41 Registrar may require information....................................................................... 33
42 Notice of trusts not received ................................................................................ 34
43 Equities not excluded by Act ............................................................................... 34
44 Liability of owners............................................................................................... 34
45 Ship’s managing owner to be registered .............................................................. 35
46 Names of registered ships .................................................................................... 35

PART III - INTERNATIONAL MARITIME CONVENTIONS 35
47 International maritime conventions ..................................................................... 35
48 Regulations .......................................................................................................... 35
49 Transitional .......................................................................................................... 36

PART IV - SAFETY 36

DIVISION 1 - UNSAFE SHIPS 36
50 Detention of unsafe ships..................................................................................... 36
51 Notice to be given of detention of unsafe ship..................................................... 37
52 Offences in relation to unsafe ships ..................................................................... 37
53 Failure to carry equipment ................................................................................... 38
DIVISION 2 - GENERAL SAFETY AND PRECAUTIONS 38
54 Notification of serious danger to navigation........................................................ 38
55 Reports of positions and movements of ships...................................................... 39
56 Obligation to assist person in danger of being lost .............................................. 39
57 Duty of ships to assist in case of collision ........................................................... 40
58 Right to salvage not affected................................................................................ 40
DIVISION 3 - CARRIAGE OF DANGEROUS GOODS 40
59 Definitions for the purposes of Division 3........................................................... 40
60 Power to deal with goods suspected of being dangerous..................................... 40
61 Restriction on carriage of dangerous goods......................................................... 41
62 Packing, etc. of dangerous goods......................................................................... 42
DIVISION 4 - CARRIAGE OF BULK CARGOES AND GRAIN CARGOES 42
63 Definitions for the purposes of Division 4........................................................... 42
64 Storage and carriage of bulk and grain cargoes ................................................... 42
DIVISION 5 - SHIPPING CASUALTIES 43

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65 Meaning of “casualty”, etc. ..................................................................................43
66 Investigations and inquires...................................................................................43
67 Preliminary investigation .....................................................................................43
68 Marine Inquiry......................................................................................................44
69 Power of Marine Inquiry as to certificates ...........................................................44
70 Failure to deliver certificate for cancellation, etc.................................................45
71 Restoration of certificates, etc. .............................................................................45
72 Appeals.................................................................................................................45

PART V - MASTERS AND SEAMEN 46

DIVISION 1 - INTRODUCTORY 46
73 Application ...........................................................................................................46
74 Exemptions...........................................................................................................46
DIVISION 2 - MANNING AND CERTIFICATION 47
75 Manning ...............................................................................................................47
76 Certificate of competency ....................................................................................47
77 Unqualified person going to sea as qualified officer or seaman ..........................47
78 Production of certificate of competency ..............................................................47
79 Disqualification of officer or seaman...................................................................48
80 Inquiry under section 79.......................................................................................48
81 Regulations for certificates of competency ..........................................................49
DIVISION 3 - CREW AGREEMENTS 50
82 Crew agreements ..................................................................................................50
83 Prohibition on seeking rewards for employment .................................................50
84 Regulations for crew agreements .........................................................................50
DIVISION 4 - WAGES 51
85 Agreements as to wages .......................................................................................51
86 Account of wages .................................................................................................51
87 Right of seaman to wages.....................................................................................51
88 Seaman cannot waive protection of Act...............................................................52
89 Regulations relating to wages ..............................................................................52
DIVISION 5 - CREW ACCOMMODATION 52
90 Crew accommodation...........................................................................................52
91 Regulations for crew accommodation..................................................................52
DIVISION 6 - WELFARE 53
92 Provisions and water ............................................................................................53
93 Medical stores etc.................................................................................................53
94 Complaints ...........................................................................................................53
95 Regulations for welfare ........................................................................................54
DIVISION 7 - DISCIPLINE 55

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96 Misconduct endangering ship or persons on board.............................................. 55
97 Continued or concerted disobedience, neglect of duty, etc.................................. 55
98 Absence without leave ......................................................................................... 55
99 Persons deemed to be seamen.............................................................................. 56
100 Defence of drug taken for medical purposes ....................................................... 56
101 Disciplinary offences ........................................................................................... 56
102 Appeal.................................................................................................................. 57
103 List of suspended persons .................................................................................... 57
104 Regulations for disciplinary offences .................................................................. 57
DIVISION 8 - GENERAL 58
105 Stowaways ........................................................................................................... 58
106 Unauthorised presence on hoard ship .................................................................. 58
107 Master’s power of arrest ...................................................................................... 58
108 Return of births and deaths on Tuvalu ship ......................................................... 58
109 Returns of births and deaths on foreign ships ...................................................... 59
110 Registrar of Seamen............................................................................................. 59
111 Register of Seamen .............................................................................................. 59
112 Seaman’s Discharge Book ................................................................................... 59
113 Official Log Book................................................................................................ 59
114 Crew and Passenger Lists .................................................................................... 60
115 Inquiries into death or serious Injury ................................................................... 60
116 Holding of inquiry ............................................................................................... 60
117 Absence of seaman from duty.............................................................................. 61
118 Apprehension of foreign seaman ......................................................................... 61
119 Detention of ships ................................................................................................ 62
120 General Regulations............................................................................................. 62

PART VI - DIVISION OF LIABILITY 63
121 Rule as to division of liability.............................................................................. 63
122 Joint and several liability ..................................................................................... 63
123 Right of contribution............................................................................................ 64
124 Additional rights of person entitled to contribution............................................. 64

PART VII - LEGAL PROCEEDINGS 64

DIVISION 1 - OFFENCES AND LIMITATIONS 64
125 Penalties ............................................................................................................... 64
126 Limitation of actions ............................................................................................ 65
127 Interpretation for purposes of section 126 ........................................................... 65
DIVISION 2 - JURISDICTION 65
128 Jurisdiction in case of offences ............................................................................ 65
129 Jurisdiction over ship lying off coast ................................................................... 65
130 Jurisdiction in case of offence on board ship....................................................... 66

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PART VIII - GENERAL 66
131 Mode of making declaration ................................................................................66
132 Power of Registrar to dispense with evidence......................................................66
133 False declaration...................................................................................................66
134 Proof of documents ..............................................................................................67
135 Admissibility of documents in evidence ..............................................................67
136 Proceedings on forfeiture of ship .........................................................................68
137 Recovery of fines by distress ...............................................................................68
138 Inspections............................................................................................................68
139 Surveyors of ships ................................................................................................69
140 Inspectors and authorised officers........................................................................69
141 Regulations...........................................................................................................70


SCHEDULE 1 73

INTERPRETATION 73

SCHEDULE 2 79

PENALTIES 79

Supporting Documents

ENDNOTES 81

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MERCHANT SHIPPING ACT

AN ACT TO MAKE PROVISIONS FOR THE REGISTRATION OF SHIPS;
THE CONTROL AND REGULATION OF MERCHANT SHIPPING; THE
PROPER QUALIFICATION OF PERSONS EMPLOYED IN SERVICE AT

SEA; THE REGULATION OF THE TERMS AND CONDITIONS OF
PERSONS SO EMPLOYED; AND FOR CONNECTED PURPOSES1

Commencement [1st June, 1988]2

PART I - PRELIMINARY

1 Short title
This Act may be cited as the Merchant Shipping Act.

2 Commencement
(1) This Act shall come into operation on such date as the Minister may, by

notice, appoint and different dates may be appointed for, or for different
purposes of, different provisions of this Act.

(2) A notice under subsection (1) may make such provision as appears to the
Minister to be necessary or expedient in connection with the provisions
brought into operation, including adaptations of this Act or any other written
law in consequence of the partial operation of this Act.

3 Interpretation
Schedule I applies for and with respect to the interpretation of this Act.

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PART II - REGISTRATION OF SHIPS

DIVISION 1 - THE REGISTRAR AND REGISTER OF SHIPS

4 Registrar of Ships
There shall be an office of Registrar of Ships which shall be a public office.

5 Register of Ships
(1) The Registrar shall cause to be kept at Funafuti a Register (to be known as the

Register of Ships), in such form as the Registrar determines.

(2) The Registrar shall cause to be entered in the Register particulars of all ships
registered under this Act, the other entries which are required by this Act to be
entered in the Register and particulars of such other matters as he thinks fit.

(3) Any person may inspect the Register at any time during the hours of official
attendance by the Registrar on payment of the fee (if any) which is prescribed.

DIVISION 2 - REGISTRATION OF SHIPS

6 Provisions relating to registration
The following provisions apply to and in relation to, the registration of ships under
this Act, namely —

(a) the property in a ship shall be divided into 64 shares;
(b) subject to the provisions of this Act with respect to joint owners or

owners by transmission not more than 64 persons shall be entitled to be
registered at the same time as owners of any ship but this provision
shall not affect the beneficial title of any number of persons or of a
company represented by or claiming under or through any registered
owner or joint owner;

(c) a person shall not be entitled to be registered as owner of a fractional
part of a share in a ship, but any number of persons not exceeding 5
may be registered as joint owners of a ship or of any share or shares in
the ship;

(d) joint owners shall be considered as constituting one person only as
regards the person entitled to be registered, and shall not be entitled to
dispose severally of any interest in a ship, in respect of which they are
jointly registered; and

(e) a corporation shall be registered as owner by its corporate name.

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7 Port of registry
The port of registry of every ship registered under this Act is Funafuti.

8 Registration of ships3
(1) Where a ship, other than an exempt ship —

(a) is owned by —
(i) a person who is a qualified person; or
(ii) persons each of whom is a qualified person; and

(b) is not registered in any other country,

the owner or those owners shall apply for registration of the ship under this
Act.

(2) Where a ship, other than an exempt ship —
(a)

(i) is manned by officers and crew, not less than a satisfactory
number of which, as determined by the Minister, are citizens of
Tuvalu; and

(ii) is engaged in near coastal trade, near coastal voyages or Pacific
region trade; and

(iii) is not registered in any other country; and
(iv) in respect of which the Minister’s approval for registration has

been obtained; or
(b)
(i) is not registered in any other country; and
(ii) is owned by such other person or any legal entity having the legal

capacity to own a vessel as the Minister may by regulations prescribe,
notwithstanding that the owner, if a person, is not a citizen of Tuvalu,
or if any other legal entity, is not established under the laws of Tuvalu;
and in both instances, may not ordinarily reside or have a place of
business in Tuvalu,

the owner or owners of the ship may apply for registration of the ship under
this Act.4

(3) Application may be made by or on behalf of the Government for registration
of a Government ship.

(4) In this section —

“exempt ship” means a ship —
(a) that is less than 10 metres in length; or
(b) that is in the opinion of the Registrar of traditional build: or

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(c) that is prescribed or belongs to a class or description of ships that
is prescribed; or

(d) that is engaged in any class of navigation or trading, or used for
any purpose, that is prescribed;

“qualified person” means —
(a) a person who is a citizen of Tuvalu;
(b) a corporation established by an Act of Tuvalu;
(c) a corporation —

(i) established or registered in Tuvalu; and
(ii) having a place of business in Tuvalu;

(d) a person or corporation which maintains an office in Tuvalu,
which is staffed by persons accountable to the Government of
Tuvalu on behalf of the owner or owners, at least one of whom is
a citizen of Tuvalu.

9 Restriction on registration of ship
(1) Subject to the provisions of Division 2A of this Part, except where application

is made as provided in section 8 the Registrar shall not register a ship under
this Act.5

(2) A ship which is not registered under section 8 shall not be recognised —
(a) in Tuvalu or for the purposes of this Act as a Tuvaluan ship; or
(b) as being entitled to the rights and privileges accorded to

Tuvaluan ships.

10 Ship not entitled to be registered
(1) Where the Minister has reasonable cause to believe, and does believe, that any

ship registered under this Act should not continue to be so registered, he may
direct the Registrar to require the master and owner of the ship, or either of
them, to produce evidence to the satisfaction of the Minister that the ship
should continue to be so registered.

(2) If within such time as may be determined by the Minister not being less than
60 days, the evidence referred to in subsection (1) is not produced, the ship is
liable to forfeiture.

11 Survey and measurement of ship
(1) Subject to subsection (5), a ship shall, before registry, be surveyed by a

surveyor and, subject to subsection (4), its tonnage shall be ascertained by the
surveyor in the prescribed manner, and the surveyor shall grant the

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appropriate tonnage certificate specifying the ship’s tonnage and build and
such other particulars as may be prescribed.

(2) The appropriate tonnage certificate granted under subsection (1) in respect of
a ship shall, before the ship is registered, be delivered to the Registrar.

(3) The fees to be paid by the owner or owners of a ship to a surveyor in respect
of a survey under this section are as prescribed.

(4) Subject to subsection (5), where a ship which is not registered under this Act
has been measured and registered under the law of a foreign country, or has
already been measured without having been so registered, the surveyor may
for the purposes of subsection (1), accept and use any suitable figures of
measurement contained in the latest register relating to that ship or in the case
of an unregistered ship, in the latest certificate of measurement relating to that
ship.

(5) Before acting under subsection (4), a surveyor shall satisfy himself that there
have been no changes of measurement since the making of the register or
certificate which he proposes to use, and where any such changes have been
made, he shall re-measure the ship to the extent made necessary by those
changes.

12 Marking of ship
(1) A ship in respect of which an application for registration is made shall not be

registered unless the ship has first been marked permanently and
conspicuously in the prescribed manner.

(2) The marks required by this section to be placed on a ship shall be permanently
continued and no alteration shall be made to those marks except as provided
by this Act.

(3) An owner or master of a ship registered under this Act who fails to keep
permanently continued the marks placed on a ship under this section is guilty
of an offence.

(4) A person who conceals, removes, alters, defaces or erases any mark required
by this section to be placed or kept on a ship except as provided by this Act or
for the purposes of escaping from an enemy, is guilty of an offence.

(5) The Minister may, by notice, exempt the owner or master of any ship or class
of ships from complying, either in whole or in part, with the requirements of
this section.

13 Application for registration
(1) An application for the registration of a ship under this Act shall be made by

the owner or owners of the ship to the Registrar in the prescribed form.

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(2) An application under subsection (1) shall be made —
(a) where the owner is a corporation, by the agent of the corporation; or
(b) where the owner is not a corporation, by the person or persons seeking

the registration of the ship or by his or their agent.

(3) The authority of an agent referred to in subsection (2) shall be in
writing, and —
(a) in the case of an agent appointed by a corporation under the common

seal of the corporation; and
(b) in the case of an agent otherwise appointed under the hand of the

person or persons appointing the agent.

(4) The Registrar may require proof, to his satisfaction —
(a) of the ownership; and
(b) of the seaworthiness,

of a ship before proceeding with the registration of the ship under this Act.

(5) An application for the registration of a ship under this Act shall be
accompanied by such evidence in respect of the ship as may be prescribed.

14 Declaration of ownership on registry
(1) A person shall not be entitled to be registered as owner of a ship until he or in

the case of a corporation, a person authorised under the common seal of the
corporation to make declarations on behalf of the corporation, has made and
signed a declaration of ownership referring to the ship, as described in the
appropriate tonnage certificate and containing the prescribed particulars.

(2) This section does not apply in relation to the registration of a
Government ship.

15 Registration of ships procedure
(1) Where the requirements of this Act relating to a ship before registry have been

complied with, the Registrar shall, on payment of the prescribed fee, register
the ship by allotting to the ship a registry number and by entering in the
Register the name of the ship, the registry number allotted to the ship and
such other particulars in respect of the ship as are prescribed.

(2) The Registrar shall not register a ship by a name by which a ship is already
registered under this Act or except in accordance with the direction of the
Minister, by a name that is, in the opinion of the Registrar, undesirable.

(3) Where a ship has been registered under subsection (1), the registrar shall
retain those of the documents submitted in connection with the application for
registration as are prescribed.

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16 Certificate of registry
(1) As soon as practicable after the registration of a ship the Registrar shall grant

to the owner or owners a certificate of registry in the prescribed form.

(2) The certificate of registry of a ship —
(a) shall be kept in a safe place on the ship;
(b) shall be used only for the lawful navigation of the ship; and
(c) shall not be subject to detention by reason of any title, lien, charge or

interest had or claimed by any owner, mortgagee or other person to, on
or in the ship.

(3) A master or owner of a ship who used for the navigation of a ship, a
certificate of registry not legally granted in respect of the ship is guilty of an
offence.

(4) A person —
(a) who has in his possession or under his control the certificate of registry

of a ship; and
(b) who refuses, or fails without reasonable cause, to deliver the certificate

on demand to —
(i) the person entitled to its custody for the purposes of the lawful

navigation of the ship;
(ii) any other person entitled by law to require its delivery,

is guilty of an offence.

17 Power to grant new certificate
The Registrar may, upon the delivery to him of a certificate of registry of a ship,
grant a new certificate in its place.

18 Provisional registration
(1) Where, at a place outside Tuvalu, a ship becomes wholly owned by a

qualified person, or by persons each of whom is a qualified person, or
becomes a Government ship, the diplomatic representative of Tuvalu in or for
that place, or a person authorised by the Minister for that purpose, may grant
to the master of the ship, on his application, a provisional certificate of
registry stating —
(a) the name of the ship;
(b) the time and place of the ship’s purchase and the names of her

purchasers;
(c) the name of the ship’s master;

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(d) the best particulars respecting the ship’s tonnage, build and description
which the representative or person is able to obtain.

(2) A diplomatic representative of Tuvalu or other person granting a provisional
certificate of registry shall forward a copy of any provisional certificate of
registry granted by him under subsection (1) to the Registrar at the first
convenient opportunity.

(3) A provisional certificate of registry granted under subsection (1) is deemed to
be a certificate of registry granted under section 16 —
(a) until the expiry of 60 days after the date on which it was granted; or
(b) until the expiry of 10 days after the arrival of the ship in Funafuti,

whichever is the earlier.

(4) If the period referred to in subsection (3) (b) has not begun to run the Minister
may, by instrument in writing, grant to the master of a ship, on his
application, an extension of the period referred to in subsection (3) (a), and in
that event and in the particular case, the reference in paragraph (a) to 60 days
shall be read as a reference to the extended period.

(5) A master of a ship who fails to deliver to the Registrar a provisional
certificate of registry granted under subsection (1) in respect of the ship
within 10 days after the first arrival of the ship in Funafuti, is guilty of
an offence.

19 Loss of certificate of registry
(1) Where a certificate of registry of a ship is lost, mislaid or destroyed the

Registrar shall grant a new certificate in its place.

(2) A diplomatic representative of Tuvalu or a person authorised by the Minister
for that purpose on receiving, from the master of a ship or some other person
having knowledge of the facts of the case, a declaration giving details of a
lost, mislaid or destroyed certificate of registry of the ship together with
particulars of the ship and its owner or owners, shall grant a provisional
certificate of registry containing a statement of the circumstances under which
it was granted.

(3) A provisional certificate of registry granted under subsection (2) shall
be valid —
(a) until the expiry of 60 days after the date on which it was granted; or
(b) until a new certificate is granted in place of the certificate of registry,

whichever is the earlier.

20 Change in ownership
Where a change occurs in the ownership of a ship registered under this Act —

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(a) notification of the change shall be given to the Registrar; and
(b) subject to section 21, the certificate of registry shall be endorsed in the

prescribed manner.

21 Delivery of certificate where ship is lost, etc.
(1) Where —

(a) a ship registered under this Act is either actually or constructively lost,
taken by the enemy, burnt or broken up;

(b) there is such a change —
(i) in the ownership or in the qualification of any owner; or
(ii) in the use or in the manning of a ship registered under this Act

that the ship would not, if application were then made qualify for
registration under section 8(1), (2) or (3),

the owner or if there is more than one owner, each owner, of the ship shall,
immediately on obtaining knowledge of the event give notice to the Registrar.

(2) The Registrar shall, on receipt of a notice specifying that an event referred to
in subsection (1) (a) has occurred in relation to a ship, make or cause to be
made an entry in the Register of the event, and the registry of the ship in the
Register shall be deemed to be closed except in so far as relates to any
undischarged mortgage entered in the Register.

(3) The Registrar shall, on receipt of notice that a circumstance specified in
subsection (1) (b) has arisen, make or cause to be made an entry in the
Register that notice has been received and subject to this section, the registry
of the ship shall be deemed to be closed.

(4) Where, at the time when the Registrar receives notice that a circumstance
referred to in subsection (1) (b) is applicable in relation to the owner or
owners of a ship, or in relation to a ship, registered under this Act, the ship is
subject to an undischarged mortgage entered in the Register, the Registrar
shall give to the mortgagee a notice in writing specifying the circumstances so
applicable.

(5) If, within 60 days after notice is given to the mortgagee under subsection (4),
an application is not made to the Court for an order under subsection (6), the
registry of the ship in the Register shall, subject to subsection (8), be deemed
to be closed on the expiration of that period.

(6) If, before the expiration of the period of 60 days referred to in subsection (5),
or within such further time as the Court, on an application made either before
or after the expiration of that period, allows an application is made to the
Court for an order under this subsection the Court may order the sale of the
ship and direct that the proceeds of the sale, after deducting the expenses of
the sale be paid first to the mortgagee or, if there are two or more mortgages,

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to the mortgagees in order of priority and, after satisfaction of the mortgage or
mortgages, to the owners of the ship.

(7) Where the Court grants an application for an extension of time within which
an application for an order under subsection (6) may be made, it may grant the
extension on such terms and conditions as to costs and otherwise as it thinks
just.

(8) On an application for an order under subsection (6), the Court may give such
directions with respect to the closure of the registry of the ship as it thinks fit,
and the Registrar shall give effect to any directions given by the Court.

(9) A person who refuses or fails without reasonable cause to comply with
subsection (1) is guilty of an offence.

22 Registry of alterations
(1) Where a ship registered under this Act is so altered as not to correspond with

the particulars relating to the appropriate tonnage certificate or to the
description of the ship contained in the Register, the owner of the ship shall,
within 21 days, make, or cause to be made, to the Registrar an application in
writing to register the alteration.

(2) An owner of a ship who refuses or fails to comply with the provisions of
subsection (1) is guilty of an offence.

(3) An application made under subsection (1) shall be accompanied by the
appropriate tonnage certificate.

(4) The Registrar, upon receipt of an application under subsection (1) and upon
receipt of the prescribed fee (if any), shall cause the alteration to be registered.

(5) In causing the alteration of a ship to be registered, the Registrar shall cancel
the certificate of registry and shall grant a new certificate of registry and shall
make the prescribed entries in the Register.



DIVISION 2A - BAREBOAT CHARTER REGISTRATION6

22A Interpretation
For the purposes of this Division unless the context otherwise requires:

"bareboat charter" means the contract for the lease or sub-lease of a ship,
hereinafter referred to as charter, for a stipulated period of time, by virtue of
which the charterer shall acquire full control and complete possession of the
ship, including the right to appoint her master and crew for the duration of the
charter but excluding the right to appoint her master and crew for the duration
of the charter but excluding the right to sell or mortgage the ship;

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"bareboat charter registration" means the registration of a ship in a
bareboat charter registry of a ship in a bareboat charter registry under the
name of the charter;

"bareboat charter registry" means the registry of the state whose flag the
ship is entitled to fly during the period in which the charterer is registered as
the bareboat charterer;

"compatible registry" means a ship of a foreign State declared by the
Minister to be a compatible registry in terms of section 22B of this Act;

"day" means calendar day;

"underlying registry" means the registry of the State in which the Owners of
a ship are registered as Owners and to which jurisdiction and control will
revert upon termination of the bareboat charter registration; and “underlying
register” and “underlying registration” shall be construed accordingly.

22B Compatible Registries
Whenever it appears to the Minister that the provisions of the law of a State with
regards to bareboat charter registration are compatible with the provisions of this
Act, he may declare the ship registry of that State to be a compatible registry for the
purposes of this Part of this Act.

22C Conditions for registration
(1) Notwithstanding anything contained in sections 8 and 9 of this Act, a ship

shall be eligible to be registered as a Tuvaluan ship under this Part of this Act
provided that —
(a) the ship is bareboat chartered to a qualified person in terms of section 8

of this Act;
(b) the ship is not a Tuvaluan ship, and is registered in a compatible

registry; and
(c) is not registered in another bareboat charter registry; and
(d) the following certified documents are submitted to the Registrar to his

satisfaction:
(i) an application for the registration under this Part of this Act

made by the charterer or his authorised agent containing such
information as may be required by the Registrar;

(ii) a declaration of bareboat charter made by the charterer
accompanied by a copy of the charter agreement, which charter
agreement shall not be available for public inspection;

(iii) a transcript or an extract of the underlying registration of the ship
which shall include a description of the ship, the owners and,

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where applicable, all registered mortgages and encumbrances of
the ship; and

(iv) the consent in writing for the ship to be bareboat charter
registered in Tuvalu of:
(a) the appropriate authorities of the underlying registry who

may be further required by the Registrar to declare that
during the period of bareboat charter registration the ship
will not be entitled to fly their flag;

(b) the owners of the ship; and
(c) all registered mortgagees.

(2) Any amendments or modifications to the bareboat charter shall within thirty
days be produced to the Registrar by the charterer.

(3) Whenever any amendments or modifications are effected to the underlying
registration the charterer shall —
(a) within seven days from such amendments being effected communicate

to the Registrar any such amendments or modifications; and
(b) within thirty days if such amendments or modifications having been

entered in the underlying register produce to the Registrar a transcript
or an extract of the underlying registration showing such amendments
or modifications.

(4) For the purposes of this section, all documents issued other than by
government authorities shall be, either signed in the presence of the Registrar
or of a Commissioner for Oaths or a Tuvaluan Consular Officer, or else
certified by a Notary Public.

22D Ascertainment of tonnage
The Tonnage of a ship to be registered under this part of this Act shall be ascertained
in accordance with the Tonnage Regulations made under this Act:

Provided that at the request of the Charterer the Registrar may accept the tonnage of
such ships to be that registered in the underlying registry if he is satisfied that the
provisions of the Tonnage Measurement Convention, if applicable to such ship and
unless such ship has been exempted from them, have been adhered to.

22E Name of ship bareboat chartered registered in Tuvalu
(1) Subject to the provisions of subsection (2) of this section a ship shall be

registered under this Part of this act by the name under which it is registered
in the underlying registry, provided that such name is not already the name of
a registered Tuvaluan Ship or a name so similar as to be calculated to deceive.

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(2) The name of a ship to be registered or of a ship already registered under this
Part of this Act, may be changed, prior or subsequent to registration under this
Part of this Act as the case may be, provided the appropriate authorities of the
underlying registry, the owners, and the registered mortgages, if any, have
consented thereto and provided also that such change is made in accordance
with the provisions of section 46 of this Act.

22F Bareboat charter registration
(1) The Registrar, if satisfied that all conditions for registration specified in this

Part and in other Parts if this Act where applicable, have been complied with,
and on payment of the prescribed fee shall —
(a) enter in the Register provided for in section 5 of this Act, all particulars

of the ship and its underlying registration, owners and charterers,
stating that it is a bareboat charter registration, the expiry date of such
registration, and that the register does not, contain an official record of
any mortgages affecting the ship;

(b) inform the appropriate authorities of the underlying registry of the
registration under this Part; and

(c) issue a certificate of bareboat charter registration, which shall include
the name and particulars of the ship, the name of the home port
Funafuti and the expiry date of the registration.

(2) Upon the issue of a certificate of bareboat charter registration all documents
issued to the ship by the underlying registry, shall be surrendered to the
appropriate authorities of that registry and, within thirty days of the issue of
the certificate as aforesaid, the charterer shall make and deliver to the
Registrar a declaration to that effect.

22G Duration of bareboat charter registration
Subject to the provisions of section 22H of this Act the duration of such registration
shall be for a period not exceeding the duration of the bareboat charter or the expiry
date of the underlying registration, whichever is the shorter period, but in no case for
a period exceeding two years.

22H Extension of bareboat charter registration
(1) At the request of the charterer or his authorized Agent the Registrar may

extend registration and further extend the registration for the remaining period
of the charter or until the expiry date of the underlying registry, whichever is
the shorter period, but in no case for periods exceeding two years at a time,
provided that he has not received any objections to this extension from the
appropriate authorities of the underlying registry, the owners and the

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registered mortgages, if any, within seven days from the Registrar having
informed them of such request for extension.

(2) Upon the grant of an extension in terms of subsection (1) of this section, the
Registrar shall: —
(a) enter the new date of expiry in the register of the ship;
(b) issue a certificate of extension of bareboat charter registration which

shall include the date of expiry thereof; and
(c) inform the appropriate authorities of the underlying registry.

22I International convention certificates of ship bareboat charter registered
in Tuvalu
A ship bareboat charter registered under this Division required to be used with
international convention certificates in terms of an international convention to which
Tuvalu is a party shall be issued with such certificates under the authority of the
Government of Tuvalu:

Provided that where Tuvalu is not a party to such convention a certificate required
under that convention may be issued, with the permission of the Registrar, under the
authority of the government of the underlying registry.

22J Jurisdiction over a ship registered under this Division
(1) A ship registered under this Division of this Act shall be deemed to be a

Tuvaluan ship and except where otherwise provided shall be under the
jurisdiction and control of Tuvalu and shall comply with all the laws
applicable to Tuvaluan ships.

(2) A ship registered under this Division shall only fly the National Flag as
provided for in this Act.

(3) The home port of a ship registered under this Division of this Act shall be
Funafuti and shall be shown on the certificate of bareboat charter registration
and shall be marked on the stern in accordance with the provisions of the Act.

22K Ownership of ship registered under this Division
(1) This Act shall not assert any ownership rights over a ship registered under this

Division and it shall have no effect with regards to title and transfer and
transmission of such ship or shares therein.

(2) Any transfer of ownership of a ship registered under this Division shall be
notified by the charterers to the Registrar, and the registration of the ship
under this Division shall be closed unless the new owners, within seven days,
have informed the Registrar that they have no objection to the registration of
the ship under this Division and, within thirty days of having made such

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declaration, delivered to the Registrar their consent in writing to such
registration.

22L Payment of fees
A ship registered under this Division shall be subject to the payment of the initial
and annual registration fees and of any other fees set out in this Act, or in any
regulations made thereunder.

22M Mortgages and encumbrances
Mortgages and encumbrances may not be registered under this Act in respect of a
ship registered under this Division of this Act, and the Registrar shall refuse to
register any such mortgages and encumbrances; such power of registration shall
remain vested in the underlying registry.

22N Closure of bareboat charter registration
(1) The Minister may order that the registration of a ship under this Division shall

be closed: —
(a) if any of the provisions of this Act, in as far as the same may be

applicable to a ship registered under this Division are not complied
with; or

(b) for any reason specified in section 10 of this Act, in as far as the same
may be applicable to a ship registered under this Division.

(2) Where the charterer of a ship registered under this Division desires to close
the bareboat charter registration of such ship, he shall make an application to
that effect to the Registrar giving all such particulars and information as the
Registrar may require for the purpose, and such application made and
substantiated as aforesaid shall be acceded to if all liabilities and obligations
in respect of the ship towards the Government of Tuvalu whether for fees,
charges, fines or otherwise have been paid.

(3) The Registrar shall close the registration of a ship under this Division and
shall make an entry to that effect in the Register, if —
(a) the Minister has ordered such closure in terms of subsection (1) of this

section;
(b) a voluntary closure of registry has been requested and such request has

been acceded to by the Registrar in terms of subsection (2) of this
section;

(c) the appropriate authorities of the underlying registry, or the owners, or
any of the mortgages, if any, have withdrawn their consent to the
bareboat charter registration in Tuvalu;

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(d) the registration in the underlying registry has for any reason been
terminated;

(e) the charter lapses or is terminated by any of the parties to it; or
(f) the period for which the ship has been bareboat charter registered lapses

and no extension has been granted in accordance with 22H of this Act.

(4) Upon the closure of a registration in terms of subsection (3) of this section the
ship shall cease to be a Tuvaluan ship and the Registrar shall immediately
notify the appropriate authorities of the underlying registry, the owners and
the mortgages, if any, of such closure.

(5) The Registrar may refuse to issue a deletion certificate or a transcript of
registry showing the closure of registry until: —
(a) the certificate of bareboat charter registration issued in terms of section

22F of this Act has been surrendered to him; and
(b) all liabilities and obligations in respect of the ship towards the

Government whether for fees, charges, fines or otherwise have been
paid.

22O Bareboat charter registration in a foreign registry
Notwithstanding any other provision of this Act a Tuvaluan ship registered under
Division 2 of this Part may be bareboat charter registered in a foreign registry if the
Registry gives his consent in writing thereto in terms of section 22P of this Act.

22P Consent of the Registrar
(1) The Registrar may give his consent referred to in section 22O of this Act

if: —
(a) the ship is registered as a Tuvaluan ship under Division 2 of this Part:
Provided that a ship provisionally registered under Division 2 of this

Part shall not be considered as registered for the purpose of this
paragraph;

(b) the bareboat charter registry where the ship is to be registered is a
compatible registry; and

(c) the following documents are submitted to him —
(i) an application for bareboat charter registration in a foreign

registry made by the owners containing such information as may
be required by the Registrar;

(ii) the consent in writing to such registration of all registered
mortgagees, if any;

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(iii) a written undertaking by the owners to surrender the certificate of
registration issued under this Act within fifteen days from entry
into the bareboat charter registry;

(iv) a written undertaking by the charterer that the Tuvaluan Flag
shall not be hoisted during the period of bareboat charter
registration; and

(v) a copy of the bareboat charter.

(2) The owners shall produce to the Registrar any amendments or modifications
to the bareboat charter within thirty days of such amendments or
modifications being effected.

(3) For the purposes of this section, all documents issued by the government
authorities shall be, either signed in the presence of the Registrar or of a
Commissioner for Oaths or of a Tuvaluan Consular Officer, or else certified
by a Notary Public.

22Q Name of ship bareboat charter registered in a foreign registry
(1) Subject to the provisions of subsection (2) of this section a ship registered

under Division 2 of this Part shall be bareboat charter registered in a foreign
registry by the name under which it is registered under this Act.

(2) The name of a Tuvaluan registered ship bareboat charter registered in a
foreign registry may be changed with the written permission of the Registrar,
only if such change is being effected also in the bareboat charter registry.

22R Registration in a foreign bareboat charter
The registration in a foreign bareboat charter registry of a ship registered under this
Act not made in accordance with the provisions of this Division shall be null and
void.

22S Bareboat charter registration of a Tuvaluan ship in a foreign registry
(1) Upon the bareboat charter registration of a Tuvaluan ship in a foreign

registry —
(a) the owners shall immediately notify the Registrar of such registration,

and within thirty days surrender to the Registrar the certificate of
registration issued to the ship under this Act and deliver to the Registrar
a transcript or an extract of the foreign bareboat charter registrations;
and

(b) the Registrar, if satisfied that such registration has been effected
according to the provisions of this Act, shall make an entry thereof in
the register of the said ship.

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(2) The owners shall immediately notify the Registrar of the closure or lapse of
the bareboat charter registration in a foreign registry, and shall within thirty
days of the closure of such registry deliver to the Registrar a transcript or an
extract of the foreign bareboat charter registration showing such closure.

22T Obligations while a ship is in a foreign bareboat charter registry
(1) Unless otherwise provided for in this Division, the owners of a Tuvaluan ship

bareboat charter registered in a foreign registry shall comply with all the
provisions of this Act as if the ship were not so registered in the foreign
registry.

(2) During the time a Tuvaluan ship is bareboat charter registered in a foreign
registry in terms of the provisions of this Division of this Act —
(a) notwithstanding the provisions of Division 5 of this Part of this Act,

such ship shall not hoist the Tuvaluan Flag; and
(b) notwithstanding the provisions of section 7 of this Act, the home port of

such ship shall be that of the foreign bareboat charter registry.

(3) The owners shall, within fifteen days from entry into the foreign bareboat
charter registry, make and deliver to the Registrar a declaration to the effect
that the name of the foreign home port has been marked on the stern of the
ship in lieu of the name Funafuti.

22U Payment of fees while ship is in a foreign bareboat charter registry
A Tuvaluan ship bareboat charter registered in a foreign registry shall,
notwithstanding such registration, continue to be subject to the payment of all the
fees set out in this Act, or in any regulation made thereunder, in respect of Tuvaluan
ships.

22V International convention certificates ship bareboat charter registered in
foreign registry
A Tuvaluan ship bareboat charter registered in a foreign registry required to be
issued with international convention certificates in terms of an international
convention to which Tuvalu is a party shall be issued with such certificates under the
authority of the Government of the bareboat charter registry:

Provided that where the State of the bareboat charter registry is not a party to such
convention the certificate required under such convention may be issued under the
authority of the Government.

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22W Title, mortgages and encumbrances of ship bareboat charter registered
in a foreign registry
(1) Notwithstanding that a Tuvaluan ship may be bareboat charter registered in a

foreign registry, all matters with respect to title over the ship, mortgages and
encumbrances shall continue to be governed by Tuvaluan law.

(2) Any transaction affecting the title over the ship or relating to the registration,
amendment, transfer and transmission and discharge of mortgages shall be
made and registered in accordance with the provisions of this Act and only by
the persons specified therein.

(3) The registration of any mortgages or encumbrances in the bareboat charter
registry shall be null and void.

22X Termination of bareboat charter registration in foreign registry
(1) The Registrar may withdraw the consent referred to in section 22O of this

Act, if any of the applicable provisions of this Act, are not complied with:

Provided that the Registrar shall withdraw such consent if —
(a) the Minister, in the national interests or in the interest of Tuvalu

shipping and after giving the owners and the charterers of the ship a
reasonable opportunity to make representation has ordered the Registrar
to withdraw his consent;

(b) any of the conditions required to be fulfilled in terms of subsection (1)
of section 22P of this Act is not so fulfilled;

(c) the charter terminates or is terminated by any of the parties to it.

(2) Upon the withdrawal of the consent of the Registrar in terms of subsection (1)
of this section —
(a) the Registrar shall inform the appropriate authorities of the bareboat

charter registry, the owners, the charterers, and the mortgagees, if any,
of such withdrawal; and

(b) the bareboat charter registration shall be terminated.

(3) Upon the termination of the bareboat charter registration —
(a) the Registrar shall make an entry thereof in the register, and the ship

shall thereupon be again subject to all the provisions of Tuvaluan law;
(b) within thirty days from the termination of such registration the owners

shall make and deliver a declaration to the Registrar that the certificates
of a bareboat charter registration has been surrendered to the foreign
bareboat charter registry, and thereupon the Registrar, unless the
registration of the ship under Division 2 of this Part is also closed, shall
again deliver to the owners the certificate of registration which had
been surrendered to him in terms of section 22S(1)(a) of this Act; and

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(c) within thirty days from the termination of such registration the owners
shall deliver to the Registrar a transcript or an extract of register
showing that the bareboat charter registration has been cancelled.

22Y Regulations
Regulations made under this Act shall apply to vessels registered under this Division
with such amendments or additions, and to such extent, as may be determined by the
Registrar after consultation with the Minister.


DIVISION 3 - TRANSFERS AND TRANSMISSIONS

23 Transfer to be by bill of sale
(1) Where a ship registered under this Act is disposed of in circumstances where

the ship, after the disposal, will continue to qualify for registration under
section 8 (1), (2) or (3) the ship shall be transferred by bill of sale.

(2) A bill of sale shall —
(a) be in the prescribed form; and
(b) be executed by the transferor and the transferee in the presence of, and

be attested by, a witness or witnesses.

24 Declaration of transfer
(1) Where a ship registered under this Act is transferred, the transferee is not

entitled to be registered as owner of the ship until he or in the case of a
corporation, a person authorised by this Act to make declarations on behalf of
the corporation, has made and signed a declaration of transfer in the
prescribed form referring to the ship and —
(a) containing —

(i) statements that show that the transferee is a qualified person, or,
where there is more than one transferee, that each transferee is a
qualified person; and

(ii) a statement that to the best of his knowledge and belief, only a
qualified person, or persons each of whom is a qualified person,
is or are entitled as owner to any legal or beneficial interest in the
ship or a share in the ship; or

(b) as the case may be, containing a statement that paragraphs (a) and (b)
of section 8 (2) apply in relation to the ship.

(2) This section does not apply in relation to a ship registered under this Act
which, on transfer, becomes a Government ship.

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25 Registration of transfer
(1) Every bill of sale for the transfer of a ship registered under this Act, when

duly executed, shall be produced to the Registrar with the declaration of
transfer referred to in section 24 and the Registrar shall enter into the Register
the name of the transferee as owner of the ship, and shall endorse on the bill
of sale the fact of that entry having been made, with the day and hour of the
entry.

(2) Bills of sale of a ship registered under this Act shall be entered in the Register
in the order of their production to the Registrar.

26 Transmission of ship on death, bankruptcy, etc.
(1) Where the property in a ship registered under this Act is transmitted to any

person on the death or bankruptcy of any registered owner, or by any lawful
means other than by a transfer made under this Act, then, subject to section
27, that person shall authenticate the transmission by making and signing a
declaration of transmission in the prescribed form identifying the ship, and the
declaration of transmission shall contain such statements and shall be
accompanied by such documents as are prescribed.

(2) The Registrar, on receipt of the declaration of transmission under subsection
(1), accompanied by the statements and documents referred to in that
subsection, shall enter in the Register the name of the person entitled under
the transmission as owner of the ship the property in which has been
transmitted, and where there is more than one such person, the Registrar shall
enter the names of all such persons, but those persons, however numerous,
shall, for the purposes of any provision of this Act relating to the number of
persons entitled to be registered as owners, be considered as one person.

27 Order for sale on transmission to unqualified person, etc.
(1) Where the property in a ship registered under this Act is transmitted on death

or bankruptcy or otherwise and as a result the ship would not if application
were than made, qualify for registration under section 8 (1) or (2), the Court
may, on application by or on behalf of that person or one or more of those
persons, order a sale of the property so transmitted, and direct that the
proceeds of the sale, after deducting the expenses of the sale, be paid to the
person or persons entitled under the transmission or otherwise as the Court
directs.

(2) The Court may require any evidence it thinks fit in support of the application
and may make the order on any terms and conditions it thinks just or may
refuse to make the order, and generally may act in the case as the justice of
the case requires.

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(3) An application under this section shall be made within 60 days after the
occurrence of the event on which the transmission has taken place, or within
such further time (not exceeding in the whole one year from the date of the
occurrence) which the Court allows.

(4) If the application is not made within the time specified in subsection (3) or if
the Court refuses an order for sale, the ship transmitted is liable to forfeiture.

28 Transfer of ship on sale by order of Court
(1) Where the Court orders the sale of a ship registered under this Act, the order

shall contain a declaration vesting in a person or persons specified in the order
the right to transfer the ship, and that person is entitled to transfer the ship in
the manner and to the same extent as if he was the registered owner of the
ship.

(2) The Registrar shall obey the requisition of the person named in a declaration
under subsection (1) in respect of any such transfer to the same extent as if
that person were the registered owner.

29 Court may prohibit Transfer
(1) The Court may, if it thinks fit, and without prejudice to any other of its

powers, on the application of a person claiming an interest in a ship registered
under this Act make an order prohibiting for the time specified in the order
any dealing with that ship.

(2) The Court may make an order under subsection (1) on any terms or conditions
it thinks just, or may refuse to make the order, and generally may act in the
case as the justice of the case requires.

(3) The Registrar, after being served with a copy of an order made under this
section, shall not register any dealings prohibited by the order.

DIVISION 4 - MORTGAGES

30 Method of mortgage of ship
(1) A ship registered under this Act may be made a security for a loan or other

valuable consideration, and the instrument creating the security (in this Act
referred to as “a mortgage”) shall be in the prescribed form.

(2) The Registrar, on the production to him of a mortgage, shall register the
mortgage by making an entry of the mortgage in the Register.

(3) The Registrar shall register mortgages in the order in which they are produced
to him for that purpose and he shall endorse and sign a memorial on each
mortgage, stating the date and time that it was produced to him.

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31 Entry of discharge of mortgage
The Registrar, after production to him of a discharge of mortgage in the prescribed
form, shall make an entry in the Register that the mortgage has been discharged, and
on that entry being made the estate (if any) which passed to the mortgagee vests in
the person in whom (having regard to intervening acts and circumstances, if any) it
would have vested if the mortgage had not been made.

32 Priority of mortgages
(1) Where there are more mortgages than one registered in respect of the same

ship registered under this Act, the mortgagees are, notwithstanding any
express, implied, or constructive notice, entitled in priority one over the other,
according to the date and time at which each mortgage is produced to the
Registrar and not according to the date of each mortgage itself.

(2) A registered mortgage shall not be affected by any act of bankruptcy
committed by the mortgagor after the date of registration of the mortgage,
notwithstanding that the mortgagor, where he is adjudicated to be insolvent, at
the commencement of his insolvency had the ship in his possession, order or
disposition, or was the reputed owner of the ship, and the mortgage shall be
preferred to any right, claim or interest in the ship of the other creditors of the
insolvent or any trustee or assignee on their behalf.

33 Powers of mortgagee
(1) Except as may be necessary for making a mortgaged ship available as a

security for the mortgage debt, a mortgagee shall not, by reason of the
mortgage, be deemed to be the owner of the ship nor shall a mortgagor be
deemed to have ceased to be the owner of the ship.

(2) Subject to subsections (3) and (4), a registered mortgagee shall have power
absolutely to dispose of the ship in respect of which he is registered and to
give effectual receipts for the purchase money.

(3) Where there are more persons than one registered as mortgagees of the same
ship, a subsequent mortgagee shall not, except under an order of the Court,
sell the ship without the concurrence of every prior mortgagee.

(4) A mortgagee shall not sell the ship subject to the mortgage without the leave
of the Court.

(5) For the purposes of this section, “Court” shall mean any court of competent
jurisdiction in a place where a registered mortgagee has filed legal
proceedings for the disposal of a vessel or enforcement of a mortgage.7

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34 Transfer of mortgage
(1) A registered mortgage of a ship may be transferred to any person by

registration of the instrument of transfer in the prescribed form.

(2) On the production to the Registrar of an instrument of transfer of a registered
mortgage and of the mortgage to which the instrument of transfer relates, the
Registrar shall register the transfer by making an entry of the transfer in the
Register and shall endorse and sign on the mortgage and on the instrument of
transfer a memorial stating the date and time of the production to him of the
instrument of transfer and mortgage.

35 Transmission of interest in mortgage by death, etc.
(1) Where the interest of a mortgagee in a ship is transmitted to any person on the

death or bankruptcy of the mortgagee, or by any lawful means, other than by a
transfer under this Act the transmission shall be authenticated by a declaration
of the person to whom the interest is transmitted.

(2) A declaration referred to in subsection (1) shall be in the prescribed form and
shall contain a statement of the manner in which, and the person to whom, the
interest has been transmitted, and shall be accompanied by such evidence as is
prescribed.

(3) The Registrar after receipt of the declaration and accompanying evidence,
shall enter the name of the person entitled under the transmission in the
Register as the mortgagee of the ship.

DIVISION 5 - NATIONAL CHARACTER AND FLAG

36 Penalty for unduly assuming Tuvaluan character
(1) If a person uses the National Flag or assumes Tuvaluan national character for

or on board a ship which is not registered under this Act for the purpose of
making the ship appear to be a ship registered under this Act, the ship is liable
to forfeiture unless the use or assumption has been made for the purpose of
escaping capture by an enemy or by a foreign ship of war in the exercise of
some belligerent right.

(2) In any proceeding for the enforcement of the forfeiture of a ship under
subsection (1), the burden of proving a right to use the National Flag or to
assume Tuvaluan national character lies on the person using that flag or
assuming that character.

37 Penalty for concealment of Tuvaluan character, etc.
A master or owner of a ship registered under this Act who —

(a) does anything or permits anything to be done; or

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(b) carries or permits to be carried on a ship any papers or documents,

with intent to —
(c) conceal the Tuvaluan character of the ship from a person entitled by

law to inquire into the character of the ship;
(d) deceive a person referred to in paragraph (c); or
(e) assume a foreign character.

is guilty of an offence.

38 Forfeiture for offence under section 37
Where the master or owner of a ship is convicted of an offence under section 37 the
ship is liable to forfeiture.

39 National colours
(1) The National Flag shall be the proper national colours for a ship registered

under this Act.

(2) A master of a ship registered under this Act who, except where it would be
unreasonable having regard to all the circumstances to do so, fails to cause the
National Flag to be hoisted at all times on the ship, is guilty of an offence.

40 Colours other than national colours
Where, except with the consent of the Minister or as a courtesy flag when in the
waters of a foreign country, any distinctive national colours other than the National
Flag are hoisted on board a ship registered under this Act —

(a) the master of the ship;
(b) the owner if he is on board the ship; and
(c) any person hoisting those colours,

are each guilty of an offence.

DIVISION 6 - MISCELLANEOUS

41 Registrar may require information
(1) The Registrar may, where he has reason to believe that the Register does not

contain accurate particulars in respect of a ship registered under this Act direct
the owner of the ship, or any other person in possession of information
relating to the ship, to furnish him with information in respect of the ship.

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(2) A person who, after having been given a direction under subsection (1), fails,
to the extent to which he is able to do so, to comply with that direction is
guilty of an offence.

42 Notice of trusts not received
(1) No notice of any trust express, implied or constructive, shall be entered in the

Register or shall he received by the Registrar.

(2) Subject to this Act, and subject to any rights and powers appearing on the face
of the Register to be vested in any other person, the registered owner of a ship
has absolute power to dispose of the ship and to give effectual receipts for any
money paid or advanced by way of consideration.

43 Equities not excluded by Act
The expression “beneficial interest” where used in this Act includes interests, and
the intention of this Act is that without prejudice to —

(a) the provisions of this Act for preventing notice of trusts from being
entered in the Register or received by the Registrar: and

(b) the powers of disposition and of giving receipts conferred by this Act
on registered owners and mortgagees; and

(c) the provisions of this Act relating to the exclusion of unqualified
persons from the ownership of ships registered under this Act,



interests arising under contract or other equitable interests may be enforced by
or against the owner or mortgagee of any ship in respect of his interest in the
ship in the same manner as in respect of any other personal property.

44 Liability of owners
(1) Subject to subsection (2), where a person has a beneficial interest in a ship

registered under this Act and that ship is registered in the name of some, other
person as owner, the person having the interest shall, as well as the registered
owner, be subject to all pecuniary penalties imposed by this Act on the
owners of ships, and proceedings may be taken for the enforcement of any
such penalties against both or either of those persons, with or without joining
the other of them.

(2) Subsection (1) does not apply to a person having a beneficial interest by way
of mortgage, except in the case of a mortgage in possession of a ship.

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45 Ship’s managing owner to be registered
(1) The name and address of the managing owner for the time being of every ship

registered under this Act shall be registered with the Registrar.

(2) Where there is not a managing owner, there shall be registered the name of
the ship’s husband or other person to whom the management of the ship is
entrusted by or on behalf of the owner, and any person whose name is so
registered shall, for the purposes of this Act, be under the same obligations
and subject to the same liabilities as if he were the managing owner.

(3) This section does not apply in relation to a Government ship.

46 Names of registered ships
(1) An owner or master of a ship registered under this Act who suffers or permits

the ship to be described by a name other than that by which the ship is for the
time being registered is guilty of an offence.

(2) The Regulations may make provisions for, or in relation to, the change of the
name of a ship.

PART III - INTERNATIONAL MARITIME CONVENTIONS8

47 International maritime conventions
(1) Subject to this Act, the Safety Convention, the Load Line Convention, the

Tonnage Measurement Convention, the Collisions Convention and the
Limitation of Liability Convention shall have the force of law in Tuvalu.

(2) Upon notice being given by the Minister in the Gazette the STCW
Conventions shall have the force of law in Tuvalu.

48 Regulations
(1) Regulations made under this Act may make provision for the implementation of

any or all of the Conventions referred to in section 47 of this Act.

(2) Regulations made under this Act may provide for: —
(a) the payment of fees; and
(b) penalties for failure to observe or comply with requirements of any of

the conventions referred to in section 47 of this act.

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49 Transitional
For the avoidance of doubt, where any of the International Conventions referred to
in section 47 of this Act has been purportedly brought into effect by regulations
made under the Act, then that Convention shall be deemed to have been given the
force of law from the date, and all actions taken pursuant to the terms of that
Convention shall be deemed to have been validly taken, and any such regulations
shall be deemed to have been validly promulgated.

PART IV - SAFETY

DIVISION 1 - UNSAFE SHIPS

50 Detention of unsafe ships
(1) This section applies in relation to —

(a) a ship registered under this Act; and
(b) a ship not so registered which is at a port or place in Tuvalu.

(2) Where, whether on complaint or otherwise, the Harbour Master or an
inspector has reason to believe that a ship in relation to which this section
applies is unsafe, he may cause the ship to be detained until he is satisfied that
the ship can go to sea without serious danger to the crew or any passenger on
the ship, having regard to the voyage proposed.

(3) A ship is deemed to be unsafe for the purposes of this section if, by
reason of —
(a) the defective condition of the hull, machinery or equipment
(b) under-manning:
(c) overloading or improper loading; or
(d) any other matter.

the ship cannot proceed to sea without serious danger to the crew or any
passengers on the ship, having regard to the voyage proposed.

(4) In considering for the purposes of this section whether or not a ship is unsafe
regard shall be had to the requirements of —
(a) any International Maritime Convention implemented in Tuvalu under

regulations made for the purposes of section 48, or otherwise having
effect in Tuvalu, and applying in relation to the ship; and

(b) any of the Regulations so applying.

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51 Notice to be given of detention of unsafe ship
(1) Where a ship is detained under section 50, the Harbour Master or, as the case

may be, the inspector shall give notice in writing to the master setting out the
reasons for the detention.

(2) Where a ship that is registered in a foreign country is detained under section
50, the Harbour Master or, as the case may be, the inspector shall so inform
the Minister and the Minister shall —
(a) if that foreign country has diplomatic relations with Tuvalu, cause the

Consul or other diplomatic representative of that foreign country; or
(b) in any other case, cause the Government of that foreign country,

to be informed of the detention and of the reasons for the detention.

(3) Where a ship is detained under section 50, the master may make written
representation to the Minister with respect to the release of the ship, and the
Minister may, if he considers that in all the circumstances he is justified in
doing so, either order the release of the ship or refuse to do so.

52 Offences in relation to unsafe ships
(1) This section applies in relation to —

(a) a ship registered under this Act; and
(b) a ship not so registered which is at a port or place in Tuvalu.

(2) Where —
(a) a ship referred to in subsection (1)(a) goes to sea, whether from a port

or place in Tuvalu or not, on any voyage; or
(b) a ship referred to in subsection (1)(b) goes to sea on any voyage,

and the ship is unsafe —
(c) any person who has knowingly sent, or attempted to send; and
(d) the master of the ship who has knowingly taken, or attempted to take,

the unsafe ship to sea are each guilty of an offence.

(3) It is a defence to the prosecution for an offence under subsection (2) if the
accused person proves that —
(a) he used all reasonable means to ensure that the ship was being sent or

taken to sea in a safe state; or
(b) having regard to the circumstances, the sending or taking, or attempted

sending or taking, of the ship to sea was reasonable and justifiable.

(4) The provisions of section 50(3) and (4) apply for the purposes of this section
as they apply for the purposes of section 50.

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53 Failure to carry equipment
(1) This section applies in relation to —

(a) a ship registered under this Act; and
(b) a ship not so registered which is at a port or place in Tuvalu.

(2) Where —
(a) a ship referred to in subsection (1)(a) goes to sea, whether from a port

or place in Tuvalu or not, on any voyage; or
(b) a ship referred to in subsection (1)(b) goes to sea to engage in near

coastal trade,

and the ship —
(c) does not carry the equipment which is required to be carried on or fitted

to the ship on the voyage by —
(i) any International Maritime Convention implemented in Tuvalu

under regulations made for the purposes of section 48, or
otherwise having effect in Tuvalu, and applying in relation to the
ship; or

(ii) any of the Regulations so applying; or
(d) carries any such equipment which is not in good order and ready

for use,

the master and owner of the ship are each guilty of an offence.

DIVISION 2 - GENERAL SAFETY AND PRECAUTIONS

54 Notification of serious danger to navigation
(1) The master of a ship, not being an exempt ship, at sea within Tuvalu waters

shall make a report of any serious danger to navigation on or near the course
of the ship in accordance with this section.

(2) A report under subsection (1) shall —
(a) be given —

(i) as soon as possible by radio; and
(ii) to any ship in the vicinity of the danger, to Funafuti Radio and to

the nearest island radio station in the vicinity of the danger; and
(b) give details of the position and nature of the danger.

(3) The master of a ship who refuses, or fails without reasonable cause, to comply
with subsection (1) is guilty of an offence.

(4) The Minister may, by order, exempt any ship, or class of ships, from the
requirements of subsection (1), and the reference in subsection (1) to “an
exempt ship” shall be construed accordingly.

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(5) In this section —

“island radio station” means a Government radio station on an outer island.

55 Reports of positions and movements of ships
(1) The master of a ship, not being an exempt ship, at sea within Tuvalu waters

shall make by radio reports of the positions and movements of the ship in
accordance with this section.

(2) A report under subsection (1) shall —
(a) be made —

(i) to Funafuti Radio;
(ii) at least twice in every period of 24 hours; and
(iii) as soon as possible after leaving a port and before closing down

prior to arriving at a port; and
(b) include information as to —

(i) the position, course and speed of the ship;
(ii) the next port of destination of the ship; and
(iii) the estimated time of arrival at that port.

(3) The master of a ship who refuses, or fails without reasonable cause, to comply
with subsection (1) is guilty of an offence.

(4) The Minister may, by order, exempt any ship, or class of ships, from the
requirements of subsection (1), and the reference in subsection (1) to “an
exempt ship” shall be construed accordingly.

56 Obligation to assist person in danger of being lost
(1) This section applies in relation to —

(a) a ship registered under this Act: and
(b) a ship not so registered which is within Tuvalu waters.

(2) The master of a ship in relation to which this section applies shall render
assistance to any person who is found at sea in danger of being lost.

(3) A master of a ship in relation to which this section applies who, without
reasonable cause (the burden of proof of which is on him), fails to comply
with subsection (2) is guilty of an offence.

(4) It is a defence in a prosecution for an offence under subsection (3) if the
master proves that compliance with the requirement of subsection (2) would
have caused serious danger to his ship or to any person in his ship.

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57 Duty of ships to assist in case of collision
(1) This section applies in relation to —

(a) a ship registered under this Act; and
(b) a ship not so registered which is within Tuvalu waters.

(2) In every case of collision between two ships it shall be the duty of the person
in charge of a ship in relation to which this section applies —
(a) to render to the other ship, her master, crew and passengers (if any)

such assistance as is practicable and necessary in order to save them
from collision;

(b) to stay by the other ship until he has ascertained that she has no need
for further assistance: and

(c) to give the person in charge the name of his own ship and of the port to
which she belongs and the ports from which she comes and to which
she is bound, if and in so far as he can do so without danger to his own
ship, crew or passengers (if any).

(3) Any person who without reasonable cause fails to comply with subsection (2)
is guilty of an offence.

58 Right to salvage not affected
Compliance by the master of a ship with the requirements of section 56 or 57 or
Regulation 10 of Chapter V of the Safety Convention (if applicable in Tuvalu) shall
not affect his right, or the right of any other person, to salvage.

DIVISION 3 - CARRIAGE OF DANGEROUS GOODS

59 Definitions for the purposes of Division 3
In this Division —

“dangerous goods” means any goods listed as such for the purposes of the
IMDG Code;

“IMDG Code” means the International Maritime Dangerous Goods Code
published by the International Maritime Organisation, London in 1981, as
amended from time to time.

60 Power to deal with goods suspected of being dangerous
The master owner of a ship at a port or place in Tuvalu may —

(a) refuse to take on board any package which he suspects may contain
dangerous goods;

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(b) open and inspect any package which on reasonable grounds he suspects
may contain dangerous goods; and

(c) discharge, destroy, render innocuous or otherwise deal with any goods
which —
(i) in his opinion are dangerous goods; and
(ii) have been shipped on board the ship without his knowledge and

consent,

and shall not be subject to any liability of any kind for doing so.

61 Restriction on carriage of dangerous goods
(1) A person who sends or attempts to send by any ship, or (not being the owner

or master of the ship) carries or attempts to carry in any ship any dangerous
goods without —
(a) distinctly marking their nature on the outside of the package containing

the goods; and
(b) giving written notice —

(i) to the Harbour Master not less than 24 hours before the goods are
to be shipped; and

(ii) to the Master or owner of the ship at or before the time of
sending the goods to be shipped,

of the —
(iii) correct technical name of the goods; and
(iv) the name and address of the shipper;

is guilty of an offence.

(2) Any person who knowingly sends or attempts to send by, or carries or
attempts to carry in, any ship any dangerous goods under a false description,
or falsely describes the shipper of any dangerous goods, is guilty of an
offence.

(3) Where any dangerous goods have been sent or carried, or an attempt has been
made to send or carry any dangerous goods, on board any ship in
contravention of this Act, the Court may order them, and any packages or
container in which they are contained, to be forfeited to the Crown.

(4) The Court may exercise the power conferred by subsection (3)
notwithstanding —
(a) that the owner of the goods has not committed any offence in respect of

the goods, or is not before the Court, or has no notice of the
proceedings: or

(b) that there is no evidence as to the ownership of the goods,

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but the Court may require such notice as it may direct to be given to the
owner or shipper of the goods before they are forfeited.

62 Packing, etc. of dangerous goods
(1) Subject to subsection (2), the requirements with respect to the packing,

storage and carriage of dangerous goods in ships are those prescribed in the
IMDG Code.

(2) For the case of a ship that is engaged on a voyage other than an international
voyage, the Harbour Master or an inspector may permit such modifications to
the requirements referred to in subsection (1) as he considers reasonable
having regard to —
(a) the type of ship concerned; and
(b) the trade in which the ship is, or is about to be, engaged.

DIVISION 4 - CARRIAGE OF BULK CARGOES AND GRAIN CARGOES

63 Definitions for the purposes of Division 4
In this Division —

“bulk cargo” means a cargo prescribed in the Bulk Cargoes Code;

“Bulk Cargoes Code” means the Code of Safe Practice for Solid Bulk
Cargoes published by the International Maritime Organisation. London in
1983, as amended from time to time;

“grain” includes wheat, maize, oats, rye, barley, rice, pulse and processed
forms thereof, whose behaviour is similar to that of grain in its natural state.

64 Storage and carriage of bulk and grain cargoes
(1) Subject to subsection (2), the requirements for —

(a) the storage and carriage of bulk cargo in a ship shall be those prescribed
in the Bulk Cargoes Code; and

(b) the storage and carriage of grain in a ship shall be those prescribed in
Chapter VI of the Safety Convention.

(2) In the case of a ship that is engaged on a voyage other than an international
voyage, the Harbour Master or an inspector may permit such modifications to
the requirements referred to in subsection (1) (a) or (b) as he considers
reasonable having regard to —
(a) the type of ship concerned;
(b) the trade in which the ship is, or is about to be, engaged.

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DIVISION 5 - SHIPPING CASUALTIES

65 Meaning of “casualty”, etc.
In this Division —

“casualty”, in relation to a ship, means —
(a) the loss or the presumed loss, the stranding, the grounding or the

abandonment of, or damage to, the ship or a board belonging to the
ship; or

(b) damage caused by a ship or by a boat belonging to the ship: or
(c) a loss of life caused by —

(i) fire on board; or
(ii) accident to; or
(iii) accident occurring on board
the ship or a boat belonging to the ship;

“ship” means a ship which, when a casualty occurs in relation to the ship —
(a) is registered under this Act; or
(b) is within Tuvalu waters.

66 Investigations and inquires
Where a casualty occurs in relation to a ship, the Minister may cause —

(a) a preliminary investigation to be carried out; and
(b) a Marine Inquiry to be held; or
(c) a preliminary investigation to be carried out and a Marine Inquiry to be

held.

67 Preliminary investigation
Where the Minister causes a preliminary investigation to be carried out under
section 66 the person carrying out the preliminary investigation —

(a) may —
(i) go on board any ship involved in the casualty;
(ii) require any person to answer questions relating to the casualty:

and
(iii) require the production to him of any certificate relating to any

ship involved in the casualty;
(b) shall, upon conclusion of the investigation, send to the Minister a report

containing a full statement of the case and of his opinion on the case,

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accompanied by such report on, or extracts from, the evidence and such
observations as he thinks fit.

68 Marine Inquiry
(1) Where the Minister causes a Marine Inquiry to be held under section 66 he

shall —
(a) appoint a person to conduct the Marine Inquiry: and
(b) nominate two assessors to assist the person.

(2) In any such case where a question as to the cancellation or suspension of a
certificate of competency is likely to arise, the assessors nominated under
subsection (1) (b) shall hold certificates of equivalent or higher rank to those
held by the person whose certificate may be cancelled or suspended; but the
proceedings before a Marine Inquiry shall not be challenged on the ground of
any alleged failure to comply with the requirement of this subsection.

(3) The person appointed and any assessor nominated under subsection (1)
may —
(a) go on board any ship;
(b) require any person to answer questions relating to the casualty; and
(c) require the production to him of any document or certificate relating to

any ship involved in the casualty.

(4) On the conclusion of an inquiry under section 66, the person appointed under
subsection (1) shall make a full report in writing to the Minister setting out the
results of the inquiry.

(5) The Regulations may make provisions with respect to proceedings in any
Marine Inquiry.

69 Power of Marine Inquiry as to certificates
(1) Where, as a result of a Marine Inquiry, the Inquiry is satisfied that a master or

a qualified officer or seaman —
(a) is unfit to discharge his duties because of —

(i) incompetence;
(ii) misconduct; or
(iii) any other reason;

(b) has been seriously negligent in the discharge of his duties: or
(c) has failed to give assistance and information as required by section 57,

and, in a case coming under paragraph (a) or (b), is further satisfied that the
unfitness or negligence caused or contributed to the casualty, the Marine
Inquiry may —

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(d) order the cancellation or suspension of any certificate of competency of
the master, qualified officer or other seaman: or

(e) censure the master, qualified officer or other seaman.

(2) Where a cancellation or suspension is ordered under subsection (1)(d) the
master, qualified officer or seaman concerned shall forthwith deliver the
certificate to the Registrar of Seamen for cancellation or suspension.

70 Failure to deliver certificate for cancellation, etc.
Where a certificate is ordered to be cancelled or suspended or is cancelled or
suspended and the holder fails to deliver up the certificate as required under this
Division, he is guilty of an offence.

71 Restoration of certificates, etc.
(1) Where a Marine Inquiry has been held under this Division the Minister may

order the whole or part of a case to be reheard, and shall do so if —
(a) new and important evidence which could not be produced at the inquiry

has been discovered; or
(b) there appears to the Minister to be other grounds for suspecting that a

miscarriage of justice may have occurred.

(2) Where a certificate has been cancelled or suspended under this Division by a
Marine Inquiry under section 69 the Minister may —
(a) on the recommendation of the Marine Inquiry: or
(b) if he is of the opinion that the circumstances of the case require it,

cause the issue of a new certificate of a lower grade in place of the cancelled
or suspended certificate.

72 Appeals
(1) Subject to subsection (2), where under this Division —

(a) the certificate of a master, qualified officer or other seaman is cancelled
or suspended;

(b) any such person is censured;
(c) the costs or part of the costs of an inquiry are awarded by a Marine

Inquiry against any person; or
(d) the Marine Inquiry has found that the casualty has been caused or

contributed to by the wrongful act of any person,

the master, qualified officer or other seaman in the case of (a) or (b) and in the
case of (c) or (d) any person who has appeared at the hearing and is affected

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by the decision of the Marine Inquiry, may appeal to the Court and the Court
may make such order as the justice of the case requires.

(2) Where a rehearing has been ordered under section 71, no appeal may be made
until the decision of the rehearing has been given.

PART V - MASTERS AND SEAMEN

DIVISION 1 - INTRODUCTORY

73 Application
Subject to this Part and to any exception granted under section 74, —

(a) the provisions of this Part apply in relation to a ship registered under
this Act not being —
(i) a vessel of less than 10 metres in length: or
(ii) a pleasure craft;

(b) the provision of section 75 apply in relation to such vessels as may be
prescribed;

(c) such provisions of this Part as are specified in an order made by the
Minister for the purpose apply in relation to —
(i) any class or description of ships identified in the order(not being

ships registered under this Act or in a country other than Tuvalu);
and

(ii) engaged in near coastal trade,

and the reference to “ship” in any provision of this Part shall be construed
accordingly.

74 Exemptions
(1) Subject to subsection (3), the Minister may, by order, exempt a particular ship

or a particular class or description of ships, from any requirement of this Part
which would otherwise apply in relation to the ship.

(2) An exemption under subsection (1) may be given in respect of —
(a) a particular period;
(b) one, or more than one, particular voyage; or
(c) generally.

(3) No exemption shall be given under subsection (1) in relation to any
prohibition in the Regulations against employing any identified class
of persons.

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DIVISION 2 - MANNING AND CERTIFICATION

75 Manning
(1) A ship shall be manned by such number and grades of persons as may be

prescribed.

(2) The extent to which the persons manning a specified grade or grades on a ship
shall be citizens of Tuvalu may also be prescribed.

(3) An owner or master of a ship who suffers or permits the ship to go to sea —
(a) without being manned in the manner prescribed; or
(b) knowing the ship to have a crew consisting of fewer citizens of Tuvalu

than the prescribed proportion of the crew,

is guilty of an offence.

76 Certificate of competency
(1) Subject to this Act the prescribed authority may issue a certificate of

competency in the prescribed manner to a person attaining such standard as
may be prescribed.

(2) A certificate of competency issued under this section is evidence that the
person to whom the certificate is issued is of the qualification or grade
specified in the certificate.

77 Unqualified person going to sea as qualified officer or seaman
A person who goes to sea as a master, or a qualified officer or a seaman of a
particular grade and who is not a master, or an officer, or a seaman of that grade is
guilty of an offence.

78 Production of certificate of competency
Any person serving or engaged to serve in a ship and holding a certificate of
competency or other document which is evidence that he is a master, a qualified
officer or other qualified seaman, who fails, without reasonable excuse on demand
to produce the certificate or other document to —

(a) his employer;
(b) the master of the ship on which he is employed; or
(c) an authorised officer,

is guilty of an offence.

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79 Disqualification of officer or seaman
(1) Where, in the opinion of the Minister, a master or a qualified officer or

seaman —
(a) is unfit to discharge his duties because of —

(i) incompetence;
(ii) misconduct; or
(iii) any other reason;

(b) has been seriously negligent in the discharge of his duties; or
(c) has failed to give assistance and information after a collision,

the Minister may cause an inquiry to be held and —
(d) shall appoint a person to conduct the inquiry; and
(e) may, if he thinks fit, suspend the certificate of competency of the

master, officer or seaman pending the outcome of the inquiry.

(2) Where a certificate is suspended under subsection (1), the Registrar of
Seamen may direct the master, officer or seaman to deliver up the certificate
to him.

(3) A master or an officer or seaman who refuses or fails without reasonable
cause, to comply with a direction given under subsection (2) is guilty of an
offence.

80 Inquiry under section 79
(1) Where the Minister has caused an inquiry to be held under section 79, the

person appointed for the purpose of that inquiry, may —
(a) go on board any ship;
(b) require any person to answer questions relating to the subject of the

inquiry; and
(c) require the production to him of any document or certificate which, in

his opinion is relevant to the inquiry.

(2) A person appointed for the purpose of an inquiry —
(a) may, if satisfied as to any of the matters referred to in section 79 —

(i) order the cancellation or suspension of any certificate of
competency of the master, officer or other seaman; or

(ii) censure the master, officer or other seaman.
(b) may make such order with regard to the costs of the inquiry as he thinks

fit; and
(c) shall make a report on the inquiry to the Minister.

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(3) Where a person appointed for the purpose of an inquiry orders the
cancellation or suspension of a certificate of competency, the Minister may —
(a) cancel or suspend the certificate, as the case requires; or
(b) if the Minister considers the administration of a censure more

appropriate, censure the master, officer or other seaman.

(4) Where, under this section —
(a) a certificate of competency is cancelled or a censure is administered; or
(b) costs of an inquiry are awarded against a master, officer or other

seaman,

the master, officer or other seaman concerned may, within 30 days, appeal to
the Court which shall make such order as the justice of the case requires.

(5) A person, in holding an inquiry —
(a) may be assisted by one or more assessors with such qualifications as

are prescribed; and
(b) shall be assisted, in such circumstances as are prescribed, by two or

more such assessors,

nominated by the Minister.

81 Regulations for certificates of competency
The Regulations may make provision for and in relation to —

(a) the standards of competence to be attained by a master, an officer or
other seaman and other conditions to be satisfied in order for the
master, the officer or other seaman to be a master or a qualified officer
or other seaman of a particular grade;

(b) the manner in which the attainment of any standard or the satisfaction
of any other condition is to be evidenced;

(c) the manner and conduct of any examinations and the conditions for
admission to examinations;

(d) the appointment and remuneration of examiners;
(e) the issue, form and recording of certificates of competency and other

documents; and
(f) the endorsement of certificates of competency and other documents.

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DIVISION 3 - CREW AGREEMENTS

82 Crew agreements
(1) Where a person is employed as a seaman on a ship there shall be a crew

agreement between the employer, or someone acting on his behalf, and the
seaman.

(2) A crew agreement shall be in writing and executed by the parties to the
agreement.

(3) A crew agreement may be with respect to employment in one or more ships
and may be for —
(a) a particular period not exceeding 2 years; or
(b) one, or more than one, particular voyage.

(4) In every crew agreement, notwithstanding any express provision in the
agreement to the contrary, there is an implied term that the employer and the
owner of the ship shall use all reasonable means to ensure that the ship in
which the crewman is, or is to be, employed, is seaworthy for, and during any
voyage which may take place during the currency of the agreement and any
consent or purported consent by the seaman to waive the benefit of that
implied term is void and of no effect.

83 Prohibition on seeking rewards for employment
A person who demands or receives, directly or indirectly, from another person
seeking employment as a seaman any remuneration or reward, whether in cash or
otherwise, for providing employment to that other person is guilty of an offence.

84 Regulations for crew agreements
The Regulations may make provision for and in relation to —

(a) the conditions and particulars to be included in a crew agreement
including a requirement that the agreement receive the approval of the
Minister;9

(b) the form of a crew agreement and the manner in which an agreement
shall be made;

(c) the manner in which a crew agreement shall be —
(i) added to;
(ii) amended; or
(iii) lodged with the Registrar of Seamen;

(d) the circumstances in which a crew agreement or a copy of an
agreement, shall be carried in a ship;

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(e) the requirements for a crew agreement, or a copy of an agreement, to be
delivered to an authorised officer;

(f) the requirement for a crew agreement or a copy of an agreement, to be
made available for perusal by an authorised officer;

(g) the conditions under which a person not under 16 years of age but less
than 18 years of age may enter into a crew agreement;

(h) the notice required to be given to the Register of Seamen before a crew
agreement is entered into or terminated;

(i) the procedures and practices to be followed on the termination of a
crew agreement; and

(j) the circumstances under which, other than by reason of termination of a
crew agreement, a seaman may be left behind from a ship outside
Tuvalu.

DIVISION 4 - WAGES

85 Agreements as to wages
Subject to this Act, a seaman shall be paid wages in accordance with the terms of a
crew agreement.

86 Account of wages
An employer who refuses, or fails without reasonable cause, to deliver to a seaman
an exact account of the —

(a) wages due to the seaman under a crew agreement; and
(b) deductions (if any) made from those wages,

is guilty of an offence.

87 Right of seaman to wages
(1) The lien of —

(a) a seaman for his wages; and
(b) a master of a ship for his wages and for reimbursement of any

expenditure or disbursements properly incurred or made by him on
behalf of the ship,

have priority over all other liens irrespective of the date of that lien or those
other liens.

(2) The right of a seaman to wages does not depend on the earnings of freight.

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88 Seaman cannot waive protection of Act
A provision in a crew agreement, whether express or implied, which purports to
modify, vary or negative the rights of a seaman under this Division is void and of no
effect.

89 Regulations relating to wages
The Regulations may make provision for and in relation to —

(a) the deductions which may be made from the wages due to a crewman;
(b) the manner in which deductions may be made;
(c) the manner in which wages are to be paid;
(d) the manner in which wages are to be accounted for where a seaman

leaves a ship otherwise than on termination of an agreement;
(e) the form and manner in which accounts of wages are to be prepared by

an employer and delivered to a seaman;
(f) the form of allotment notes; and
(g) the circumstances in which allotments may be made.

DIVISION 5 - CREW ACCOMMODATION

90 Crew accommodation
(1) A ship shall have accommodation exclusively reserved for the use of the crew

and known as the crew accommodation.

(2) The crew accommodation of a ship shall be of the prescribed standard.

(3) An owner or master of a ship who suffers or permits the ship to go to sea
without crew accommodation of the prescribed standard is guilty of
an offence.

91 Regulations for crew accommodation
The Regulations may make provision for and in relation to —

(a) the crew accommodation requirements for new and existing ships;
(b) the minimum space per man which must be provided by way of

sleeping accommodation for crewmen and the maximum number of
persons by whom a specified part of such sleeping accommodation may
be used:

(c) the position in a ship in which the crew accommodation or any part of
the crew accommodation is to be located;

(d) the standards to be observed in the construction, equipment ventilation,
lighting, heating and furnishing of crew accommodation:

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(e) the provision of washing, sanitary, toilet, messing and hospital facilities
for crewmen;

(f) the standards of maintenance of crew accommodation; and
(g) the prohibition or restriction of the use of crew accommodation for

purposes other than those for which it is designed.

DIVISION 6 - WELFARE

92 Provisions and water
(1) An employer or master of a ship shall ensure that the provisions and water

supplied for the use of crewmen are as prescribed.

(2) Where three or more seamen are of the opinion that the provisions or water
supplied for the use of seamen are not as prescribed, they may complain to the
master and if they are dissatisfied with the action if any taken by the master or
with the master’s failure to act they may complain to the Registrar of Seamen.

(3) Where a complaint is made the Registrar of Seamen shall forthwith cause the
complaint to be investigated.

(4) For the purposes of an investigation under this section the Registrar of
Seamen may cause the provisions or water to be examined.

(5) Where, after an investigation under this section, the Registrar of Seamen is of
the opinion that the provisions or water are not as prescribed he shall direct
the employer or the master to replace them.

(6) An employer or a master shall comply with a direction given under this
section.

93 Medical stores etc.
An owner or master of a ship who suffers or permits the ship to go to sea without
carrying the prescribed number of qualified first-aid attendants, medicines and
medical and surgical stores is guilty of an offence.

94 Complaints
(1) Where, in the opinion of a seaman, the seaman has cause to complain

about —
(a) the master:
(b) any other seaman on a ship: or
(c) the conditions on hoard a ship.

he may complain to the master.

(2) Where a seaman —

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(a) has made a complaint under subsection (1); and
(b) is dissatisfied with —

(i) the action taken by the master on that complaint: or
(ii) the failure of the master to take any action,

the seaman may —
(c) state his dissatisfaction to the master: and
(d) may request the master to make adequate arrangements for the seaman

to complain to the Registrar of Seamen, as soon as the service of the
ship permits.

(3) A master to whom a request has been made under subsection (2) who refuses,
or fails without reasonable cause, to make the adequate arrangements referred
to in that sub-section is guilty of an offence.

95 Regulations for welfare
The Regulations may make provision for and in relation to —

(a) the quality and quantity of the provisions and water to be supplied for
the use of seamen;

(b) the manner of checking and inspecting provisions and water supplied
for the use of seamen;

(c) the manner and conduct of medical examinations of seamen and of
persons seeking employment as seamen;

(d) the medicines and medical and surgical stores (including books
containing instructions and advice) to be carried in a ship and the
manner in which such medicines and stores are to be carried, stored and
used in a ship;

(e) the appointment and certification of first-aid attendants and the
circumstances in which first-aid attendants are to be carried on a ship;

(f) the manner in which medical expenses incurred in respect of a seaman
while at a place outside the country may be recovered from an
employer;

(g) the circumstances and the manner in which the Minister shall make
provision for the relief, maintenance and return to a proper return port
of a seaman;

(h) the manner in which any wages due to a distressed seaman and any
property left on board a ship by a distressed seaman are to be
dealt with;

(i) the manner in which any expense incurred in bringing ashore a seaman
who has been ship-wrecked, or in maintaining him after he has been
brought ashore, may be recovered from the person who last employed
him as a seaman; and

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(j) the manner in which the property of a deceased seaman is to be —
(i) held in custody; or
(ii) sold, converted into cash or otherwise disposed of.

DIVISION 7 - DISCIPLINE

96 Misconduct endangering ship or persons on board
(1) This section applies where a seaman —

(a) does any act which causes, or is likely to cause —
(i) the loss or destruction, or serious damage to; or
(ii) the death of, or serious injury to, a person on board,

a ship; or
(b) fails to do anything required to be done by him to preserve —

(i) a ship from loss, destruction, or serious damage; or
(ii) any person on board the ship from death or serious injury.

(2) Where the act, or failure to act, by the seaman referred to in subsection (1) —
(a) is deliberate;
(b) amounts to a breach or neglect of duty or disobedience to a lawful

command; or
(c) occurs when the seaman is under the influence of alcohol or a drug,

the seaman is guilty of an offence.

97 Continued or concerted disobedience, neglect of duty, etc.
Where a seaman on a ship —

(a) persistently and wilfully —
(i) neglects his duty; or
(ii) disobeys a lawful command; or

(b) combines with other seamen to —
(i) neglect his duty; or
(ii) disobey a lawful command; or
(iii) impede the navigation of the ship or the progress of a voyage,

he is guilty of an offence.

98 Absence without leave
Where —

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(a) a seaman is absent without leave from a ship at a time when he is
required to be on board;

(b) his absence is —
(i) due to his recklessness; or
(ii) de1iberate and without reasonable cause; and

(c) a ship —
(i) is thereby delayed; or
(ii) goes to sea without him.

the seaman is guilty of an offence.

99 Persons deemed to be seamen
Notwithstanding any other provision of this Act, where —

(a) a person is carried to sea in a ship without the consent of the master or
of any other person authorised to give consent to his being so carried;
or

(b) a distressed seaman is carried on a ship for the purpose of being
returned to his proper return port,

he is, for the purposes of this Division, deemed to be a seaman on the ship.

100 Defence of drug taken for medical purposes
It is a defence to a charge for an offence against section 96 if the person charged
proves that —

(a) at the time of the alleged act or failure to act, he was under the
influence of a drug taken by him for medical purposes; and

(b) either —
(i) he took that drug on medical advice and complied with any

direction given as part of that advice; or
(ii) he had no reason to believe that the drug might have the

influence it had.

101 Disciplinary offences
(1) The master of a ship who finds that a seaman has committed a disciplinary

offence must make a report of his findings in the prescribed form to the
Registrar of Seamen.

(2) Where —
(a) two or more reports under subsection (1) have been made within the

prescribed time in respect of a seaman; or

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(b) a seaman has committed an offence under section 96, 97, or 98,

the Registrar of Seamen may declare the seaman to be a suspended person.

102 Appeal
(1) Where —

(a) the Registrar of Seamen has declared a seaman to be a suspended
person; and

(b) the period of suspension exceeds 12 months, the seaman may within 30
days of receiving the prescribed notification of his suspension, appeal
to the Court.

(2) Where an appeal is made under subsection (1), the Court shall make such
orders as the justice of the case requires.

103 List of suspended persons
(1) The Registrar of Seamen shall keep a list known as the list of suspended

persons.

(2) Where a seaman is suspended for a period —
(a) of 12 months or less; or
(b) exceeding 12 months and —

(i) no appeal to the Court is made within the period of 30 days
referred to in section 102; or

(ii) an appeal is made under that section and the Court orders that the
appeal be dismissed,

the Registrar of Seamen shall include the name of the seaman in the list of
suspended persons.

104 Regulations for disciplinary offences
The Regulations may make provision for and in relation to —

(a) misconduct on board a ship which is a disciplinary offence;
(b) the procedures under which a master may find that a seaman has

committed a disciplinary offence;
(c) the manner in which a declaration of suspension shall be made and the

manner in which that declaration shall be notified to —
(i) a suspended person; and
(ii) the person who last employed him as a seaman:

(d) the manner in which the name of a suspended person shall be included
in a list of suspended persons; and

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(e) the manner in which a list of suspended persons is —
(i) to be kept; and
(ii) to be made available for inspection by any person appearing to

the Registrar of Seamen to be interested.

DIVISION 8 - GENERAL

105 Stowaways
A person who, without the consent of —

(a) the master of a ship; or
(b) a person authorised by the master to give that consent,

goes to sea or attempts to go to sea in a ship is guilty of an offence.

106 Unauthorised presence on hoard ship
A person, not being an authorised person or an inspector, who —

(a) without the consent of the master of a ship or of a person authorised by
the master to give that consent goes on hoard a ship in port in Tuvalu:
or

(b) remains on board a ship after being requested to leave by the master, a
police officer or a customs officer,

is guilty of an offence.

107 Master’s power of arrest
The master of a ship may cause any person on board the ship to be put under
restraint if and for so long as it appears to him necessary or expedient in the interest
of safety or for the preservation of good order or discipline on board the ship.

108 Return of births and deaths on Tuvalu ship
(1) In this section, “ship” means a ship registered under this Act.

(2) The master of a ship who refuses, or fails without reasonable cause, to make a
return in the prescribed form to the Harbour Master of any —
(a) birth occurring in; or
(b) death occurring, or presumed to have occurred, in,

the ship, is guilty of an offence.

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109 Returns of births and deaths on foreign ships
(1) In this section “ship” means a ship registered in a country other than Tuvalu.

(2) The master of a ship who refuses, or fails without reasonable cause, to make a
return in the prescribed form to the Harbour Master of any —
(a) birth of a Tuvalu citizen occurring in; or
(b) death of a Tuvalu citizen occurring, or presumed to have occurred, in,

the ship, on a voyage to a port or place in Tuvalu is guilty of an offence.

110 Registrar of Seamen
(1) There shall be an office of Registrar of Seamen which shall be a public office.

(2) The same person may, but need not, hold the offices of Registrar of Seamen
under this section and Registrar of Ships under section 4.

111 Register of Seamen
(1) The Registrar of Seamen shall cause to be kept at Funafuti a book to be

known as the Registrar of Seamen.

(2) The Registrar of Seamen shall cause to be entered into the Register
of Seamen —
(a) particulars of any Seaman’s Discharge Book issued under section 112:
(b) particulars of any period during which a person is a suspended person;

and
(c) such other particulars as may be prescribed.

(3) Any person may inspect the Register of Seamen at any time during the hours
approved by the Registrar of Seamen.

112 Seaman’s Discharge Book
(1) The Registrar of Seamen may issue to a person a book to be known as a

Seaman’s Discharge Book.

(2) A Seaman’s Discharge Book shall be in the prescribed form.

113 Official Log Book
(1) The master of a ship shall keep a record book relating to the ship to be known

as the Official Log Book.

(2) Subject to this Act, the master of a ship who fails without reasonable cause —
(a) to keep the Official Log Book in the prescribed manner; and

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(b) to carry the Official Log Book in the ship,

is guilty of an offence.

(3) A person who wilfully destroys or mutilates or renders illegible any entry in
an Official Log Book is guilty of an offence.

114 Crew and Passenger Lists
(1) An employer or the master of a ship shall make and, in the prescribed manner,

maintain separate lists of —
(a) the crew of the ship, to be known as a Crew List: and
(b) the passengers on the ship, to be known as a Passenger List.

(2) Up-to-date copies of the lists referred to in subsection (1) are to be maintained
ashore by or on behalf of the managing owner of a ship.

115 Inquiries into death or serious Injury
(1) Where —

(a) a person dies or suffers a serious injury in a ship; and
(b) the master of the ship fails, without reasonable cause, to notify the

Harbour Master of the death or serious injury,

the master of the ship is guilty of an offence.

(2) Subject to sub-section (2), where —
(a) a person dies or suffers a serious injury in a ship; or
(b) a seaman belonging to a ship dies or suffers a serious injury away from

the ship,

an inquiry into the circumstances surrounding the death or serious injury shall
unless the Minister otherwise directs, be held by a person authorised by the
Minister at the next port in Tuvalu at which the ship calls.

(3) No inquiry shall be held under this section in a case where an inquiry is, is to
be, or is required to be, held under the Death and Fire Inquiries Act.10

116 Holding of inquiry
(1) For the purpose of holding an inquiry under section 115, the person authorised

under that section may —
(a) go on hoard a ship at any time and inspect the ship or any article on

board the ship;
(b) summon any person to appear before him: and

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(c) require the production of any document which in his opinion is relevant
to the inquiry.

(2) Where an inquiry has been held the person who held it shall make a report in
writing of the findings to the Minister who may make a copy of the report
available —
(a) in the case of a person who has died —

(i) to the next of kin of the deceased person: or
(ii) to any other person who requests such a copy and who appears to

the Minister to be interested: and
(b) in the case of a person who has suffered a serious injury —

(i) to that person or to a person acting on his behalf; or
(ii) to any other person who requests such a copy and who appears to

the Minister to be interested.

117 Absence of seaman from duty
(1) In this section, “seaman” means a seaman who is absent from a ship at a time

when, under a crew agreement he is required to be on hoard.

(2) Where a seaman proves —
(a) that his absence from a ship was due to —

(i) accident
(ii) mistake: or
(iii) some cause beyond his control; and

(b) that he took all reasonable precautions to avoid being absent,

his absence is not a breach of contract.

(3) Where, in an action for breach of contract arising from the absence of a
seaman from a ship, a seaman fails to prove the matters referred to in
subsection (2), if special damages are —
(a) not claimed by his employer, his civil liability is limited to 50 dollars:

or
(b) claimed by his employer, his civil liability is limited to 50 dollars.

118 Apprehension of foreign seaman
(1) Where it appears to the Minister that due facilities will be given by the

government of a country for apprehending and receiving seamen who desert
in that country from ships registered under this Act, the Minister may, by
order, declare that this section shall apply in relation to that country, subject to
any conditions stated in the order.

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(2) Where, in Tuvalu, a seaman deserts from a ship registered in a country to
which, under subsection (1), this section applies, the master of the ship may
apply to the Court for aid in apprehending the deserter, and the Court and its
officers shall give all aid within their power, and for that purpose the Court
may, on information given on oath, issue a warrant for the deserter to be
conveyed on board the ship, or delivered to the master, or owner of the ship or
his agent, to be so conveyed.

119 Detention of ships
(1) Where —

(a) a ship is at a place in Tuvalu or within Tuvalu waters; and
(b) the Harbour Master is of the opinion that the owner or the master of the

ship or an employer, has failed to comply with a requirement of this
Part,

the ship may be detained.

(2) Where a ship is detained under subsection (1), the ship may be detained until
such time as the Harbour Master issues a certificate showing that —
(a) the Harbour Master is satisfied that the owner, the employer and the

master have complied with the provisions of this Part; and
(b) the ship may go to sea without a contravention of any provision of this

Part.

120 General Regulations
The Regulations may make provision for and in relation to —

(a) the issue and form of Seaman’s Discharge Book;
(b) entries to be made in the Register of Seamen;
(c) endorsements to be made in Seaman’s Discharge Books;
(d) the particulars required to be entered in an Official Log Book;
(e) the persons by whom entries in an Official Log Book are to be made,

signed or witnessed;
(f) the procedure to be followed in the making of entries in an Official Log

Book;
(g) the production, or delivery of an Official Log Book to such person, in

such circumstances and within such times as may be specified;
(h) the particulars to be entered in the Crew List and in a Passenger List;
(i) the time during which a Crew List or a Passenger List may remain in

force;

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(j) the manner of notification to specified persons of changes in a Crew
List or a Passenger List;

(k) the places and manner in which a Crew List and a Passenger List and
copies of these Lists are to be maintained; and

(l) the manner in which a Crew List or a Passenger List or copies are to be
made available on demand to specified persons.

PART VI - DIVISION OF LIABILITY

121 Rule as to division of liability
Where by the fault of two or more ships damage or loss is caused to one or more of
those ships, any of their cargoes or freight, or to any property on board, the liability
to make good the damage or loss shall be in proportion to the degree in which each
ship was in fault, but —

(a) if having regard to all the circumstances of the case, it is not possible to
establish different degrees of fault the liability shall be apportioned
equally;

(b) nothing in this section operates so as to render any ship liable for loss
or damage to which the fault of the ship has not contributed: and

(c) nothing in this section affects the liability of any person under a
contract of carriage or any contract, or shall be construed as imposing
upon any person any liability from which he is exempted by any
contract or by any law, or affecting the right of any person to limit his
liability in the manner provided by law.

(2) In this section, “freight” includes passage money and hire, and reference to
damage or loss caused by the fault of a ship includes a reference to any
salvage or other expenses consequent upon that fault recoverable at law by
way of damages.

122 Joint and several liability
(1) Where loss of life or personal injury is suffered by any person on board a ship

owing to the fault of that ship and of any other ship or ships, the liability of
the owners of the ships shall be joint and several.

(2) Subsection (1) shall not be construed as depriving any person of any right of
defence on which, independently of this section, he might have relied in any
action brought against him by the person injured, or any person entitled to sue
in respect of the loss of life, nor shall it affect the right of any person to limit
his liability in cases to which this section relates in the manner provided by
law.

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123 Right of contribution
(1) Where loss of life or personal injury is suffered by any person on board a ship

owing to the fault of that ship and any other ship or ships, and a proportion of
the damage is recovered against the owners of one of the ships that exceeds
the proportion in which the ship was in fault, they may recover by way of
contribution the amount of the excess from the owners of the other ship or
ships to the extent to which those ships were respectively in fault.

(2) No amount shall be recovered if, by reason of any statutory or contractual
limitation of or exemption from liability or for any other reason, it could not
have been recovered in the first instance as damages by the person entitled to
sue for that amount.

124 Additional rights of person entitled to contribution
In addition to any other remedy provided by law, the person entitled to any
contribution under section 123 shall have, for the purpose of recovering contribution
subject to this Act, the same rights and powers as the persons entitled to sue for
damages in the first instance.

PART VII - LEGAL PROCEEDINGS

DIVISION 1 - OFFENCES AND LIMITATIONS

125 Penalties
(1) An offence under a provision of this Act specified in column I of the Schedule

2 is punishable as indicated in column 3 (where a period of time indicates the
maximum term of imprisonment, and a monetary amount indicates the
maximum fine for the offence in question).

(2) Where both a period of time and a monetary amount are indicated in column 3
of Schedule 2 both a fine and imprisonment, not exceeding the maximum
indicated in that column, may be imposed in respect of an offence.

(3) The description of an offence given in column 2 of Schedule 2 is illustrative
only and not definitive or exhaustive.

(4) Subject to any special provision of this Act, no conviction for an offence shall
be made under this Act in proceedings instituted in Tuvalu, unless those
proceedings are commenced within one year after the commission of the
offence.

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126 Limitation of actions
(1) No action shall be maintained to enforce any claim or lien against a ship or

her owners in respect of any damages or loss to another ship, her cargo or
freight, or any property on board her, or damages for loss of life or personal
injuries suffered by any person on board her, caused by the fault of the former
ship, whether such ship be wholly or partly in fault, unless proceedings in the
action are commenced within two years from the date when the damage or
loss or injury was caused.

(2) No action shall be maintained under this Act to enforce any contribution in
respect of an overpaid proportion of any damages for loss of life or personal
injuries unless proceedings in the action are commenced within one year from
the date of payment.

(3) Any court having jurisdiction to deal with an action to which this section
relates may, in accordance with the rules of court, extend any such period, to
such extent and on such conditions as it thinks fit, and shall, if satisfied that
there has not during such period been any reasonable opportunity of arresting
the defendant ship within the jurisdiction of the court, or within the territorial
sea of the country to which the plaintiffs ship belongs or in which the plaintiff
resides or has his principal place of business, extend any such period to an
extent sufficient to give such reasonable opportunity.

127 Interpretation for purposes of section 126
For the purposes of section 126 —

(a) the expression “freight” includes passage money and hire; and
(b) references to damage or loss caused by the fault of a vessel shall be

construed as including reference to any salvage or other expenses,
consequent upon that fault, recoverable at law by way of damages.

DIVISION 2 - JURISDICTION

128 Jurisdiction in case of offences
For the purpose of giving jurisdiction under this Act, every offence under this Act
shall be deemed to have been committed either in the place in which the same
actually was committed or in any place in which the offender may be.

129 Jurisdiction over ship lying off coast
(1) A court which has jurisdiction in any part of the coast of Tuvalu shall have

jurisdiction over any vessel being on or lying or passing off that part, and
overall persons on board the vessel, in the same manner as if the vessel or
persons were within the limits of the original jurisdiction of the court.

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(2) The jurisdiction conferred by subsection (1) is in addition to and not in
derogation of any jurisdiction or power of a court under any other law.

130 Jurisdiction in case of offence on board ship
(1) A person who does an act or makes an omission on board a ship registered

under this Act is liable to be prosecuted for any offence for which he could be
prosecuted in respect of an act or omission if it were done or made in Tuvalu
and, in any such prosecution, it is not a defence to prove that the act was done
or the omission made beyond the territorial limits of Tuvalu.

(2) For the purposes of a prosecution under subsection (1), any court, which
would have jurisdiction in respect of the offence if the act or omission
concerned were done or made within the limits of Tuvalu, shall have
jurisdiction in respect of the offence.

PART VIII - GENERAL

131 Mode of making declaration
(1) A declaration required by this Act (except under sections 101 and 118) may

be made before the Registrar of Ships, a magistrate, a notary public, a
Commissioner for Oaths or a diplomatic representative of Tuvalu.

(2) A declaration required by this Act (except under sections 101 and 118) may
be made on behalf of a corporation by any person authorised in that behalf
under the common seal of the corporation.

132 Power of Registrar to dispense with evidence
When under this Act (except under sections 101 and 118) any person is required to
make a declaration on behalf of himself or of any corporation, or any evidence is
required to be produced to the Registrar of Ships and it is shown to the satisfaction
of the Registrar of Ships that for any reasonable cause that person is unable to make
the declaration, or that the evidence cannot be produced, the Registrar of Ships,
may, on the production of such other evidence and subject to such terms as he may
see fit, dispense with the declaration or evidence.

133 False declaration
(1) A person who, in a declaration made under or for the purposes of this Act

(except under sections 101 and 118), or in any document or other evidence
produced to the Registrar of Ships or the Registrar of Seamen —

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(a) wilfully makes or assists in making, or procures to be made a false
statement concerning the title to, or ownership of, or the interest
existing in, a ship registered under this Act or

(b) utters, produces or makes use of any declaration or document
containing any false statement, knowing the same to be false,

is guilty of an offence.

(2) Where, in a declaration made under or for the purposes of this Act (except
under sections 101 and 118), a person wilfully makes a false statement in
relation either to his being a qualified person, the ship in respect of which that
false statement has been made is liable to forfeiture to the extent of the
interest in the ship of the declarant or, unless it is proved that the declaration
was made without authority, of a person on behalf of whom the declaration
was made.

134 Proof of documents
(1) All certificates or other documents (including endorsements on certificates or

other documents) to which this section applies are admissible in evidence in
the manner provided by section 135.

(2) This section applies to —
(a) a certificate or other document issued, granted, given or made under

this Act or purporting to be issued, granted, given or made under this
Act and signed, or purporting to be signed, by any person required or
authorised by this Act to issue, grant, give or make any such certificate
or document;

(b) an endorsement made, or purporting to be made, under this Act and
signed, or purporting to be signed, by any person required or authorised
by this Act to make any such endorsement; and

(c) a certificate given or made by the Registrar of Ships asserting the
negative of any circumstance, fact or thing.

135 Admissibility of documents in evidence
(1) Where a certificate or other document is by this Act declared to be admissible

in evidence, it shall on its production from proper custody, be admissible in
evidence in any court, and, subject to all just exceptions, shall be conclusive
evidence of the matters stated in it.

(2) A copy of any certificate or other document referred to in subsection (1) or
extract from any such certificate or document is also admissible in evidence if
proved to be an examined copy or extract, or if it purports to be signed and
certified as a true copy or extract by the officer or person to whom custody of
the certificate or other documents entrusted.

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(3) Any person who is by this Act required or authorised to issue, grant give or
make any certificate or other document shall furnish a certified copy of the
certificate or document to any person applying at a reasonable time for such
certified copy or certified extract.

136 Proceedings on forfeiture of ship
(1) Where a ship has become liable to forfeiture under this Act the Minister may

cause the ship to be seized and may detain the ship and may bring the ship for
adjudication before the Court.

(2) The Court may, where a ship has been brought before it for adjudication
under subsection (1), on such terms and conditions as it thinks just order that
the ship be forfeited to the Crown.

137 Recovery of fines by distress
Where a court adjudges a person convicted of any offence against this Act to pay
any fine or other moneys and that person is the master of a ship, and the fine or other
moneys are not paid within the time and in the manner limited by the conviction or
specified in the order of the court the court may, in addition to any other power it
may have to compel payment, direct the amount remaining unpaid to be levied by
distress or by the sale of the ship or the equipment of the ship, as the case requires.

138 Inspections
(1) For the purpose of seeing that the provisions of this Act and of any

International Maritime Convention implemented in Tuvalu under regulations
made for the purposes of section 48, or otherwise having effect in Tuvalu, are
complied with, the Harbour Master, an inspector or an authorised officer in
relation to any of those provisions or any such Convention may exercise all or
any of the powers specified in subsection (7).

(2) For the purpose of the effective exercise or performance of his functions
under this Act or for the purposes of any Convention referred to in subsection
(1), the Harbour Master, an inspector or an authorised officer may exercise all
or any of the powers specified in subsection (7).

(3) The Harbour Master or an inspector may, if he considers it necessary in
consequence of an accident or for any other reason, require a ship to be taken
into dock for a survey of its hull or machinery.

(4) The powers under subsection (1), (2) or (3) may be exercised by the Harbour
Master or an authorised officer in respect of a ship registered under this Act,
notwithstanding that the ship is outside the jurisdiction of Tuvalu.

(5) A person exercising a power under subsection (1) or (2) shall not
unnecessarily delay a ship.

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(6) Any person who obstructs a person in the exercise of his powers under this
section or who fails to comply with a requirement made under subsection (3)
is guilty of an offence.

(7) For the purposes of subsections (1) and (2), the specified powers
are powers —
(a) at all reasonable times, to go on board a ship and inspect the ship or any

part of the ship, or any part of the machinery, boats, equipment of the
ship, or any articles on board the ship;

(b) to require the production of, and to inspect, any document or certificate
carried in the ship in pursuance of this Act or any Convention referred
to in subsection (1); or

(c) to require any person to answer questions relevant to the exercise of a
power, being exercised under paragraph (a) or (b) for a purpose referred
to in subsection (1) or (2).

139 Surveyors of ships
(1) The Minister may by notice, appoint surveyors of ships for the purposes of

this Act, from societies which are members of the International Association of
Classification Societies.11

(2) The appointment of a surveyor of ships under this section may be restricted to
either or both certain types or classes of ship or certain kinds of survey.

(3) Where a corporation or an unincorporated body of persons is appointed under
subsection (1), it shall if the Minister so directs, nominate a person to carry
out surveys, issue certificates and do all other things necessary on its behalf.

(4) A nomination under subsection (3) shall be notified to the Minister and on
receiving such notification the Minister shall cause to be published a notice of
the matter in the notification.

(5) The power under this section includes a power to appoint persons, including
corporations and unincorporated bodies of persons, outside Tuvalu to be
surveyors of ships.

(6) The duties of a surveyor of ships shall be performed under the direction of the
Minister and in accordance with regulations made by the Minister.

140 Inspectors and authorised officers
The Minister may, by notice, designate any person —

(a) as an inspector for the purposes of this Act;
(b) as an authorised officer for the purposes of this Act or of any provision

of this Act.

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141 Regulations
(1) The Minister may make Regulations prescribing all matters that are required

or permitted by this Act to be prescribed for the carrying out or giving effect
to this Act and in particular for prescribing —
(a) the manner of doing and the fees payable in respect of any matter or

thing that is required or permitted to be done under this Act;
(b) forms to be used for or in connection with this Act and;
(c) the means by which, and the conditions subject to which, a ship or a

class of ship may be exempted from compliance with the Regulations
or any provisions of the Regulations.

(2) The Regulations may prescribe the manner in which the tonnage of any ship
shall be ascertained and may —
(a) for that purpose, apply by reference all or any of the provisions of any

law of the United Kingdom relating to tonnage measurement;
(b) make different provision for different descriptions of ships or for the

same description of ships in different circumstances;
(c) make any provision in the Regulations dependent on compliance with

such condition, to be evidenced in such manner, as may be specified in
the Regulations; and

(d) prohibit or restrict the carriage of goods or stores in spaces not included
in the registered tonnage of a ship.

(3) The Regulations may make provision —
(a) prescribing safety requirements and providing for the issue of local

safety certificates in prescribed cases;
(b) prescribing matters relating to load lines and providing for the issue of

local load line certificates in prescribed cases;
(c) prescribing the period during which any such certificate is to remain in

force, and providing for the renewal and cancellation of any such
certificate.

(4) Regulations made under subsection (3) may make provision for and in
relation to —
(a) the requirements with which the hull, machinery and equipment of

ships shall comply;
(b) the appliances to be carried, and the measures to be observed, on ships

for the saving of life at sea and for the prevention, detection and
extinction of fires on ships;

(c) the requirements for the holding and recording of musters and drills for
crew and passengers;

(d) the requirements with respect to the equipping of ships with radio
telephones and radio navigational aids, the operation, maintenance and

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use of radio telephones and radio-navigational aids in ships, and the
number and qualifications of the radio telephone operators to be carried
on ships;

(e) the measures and procedures to be followed and the equipment to be
carried on ships to ensure safety of navigation;

(f) the requirements which must be complied with in respect of the
stowage and carriage of livestock, deck cargo, grain, dangerous goods
and hazardous cargoes in ships;

(g) the observance of safety standards and procedures on board ships;
(h) safety and safe-working practices on board ships;
(i) the measures to be observed for the prevention of collisions;
(j) requirements related to the provision and use on ships of lights and

signals;
(k) the requirements which must be complied with in respect of lights and

signals from the shore to ships;
(l) the manner of determining freeboards to be assigned to ships;
(m) the manner of determining, in relation to a ship, the deck which is to be

the freeboard deck and for requiring the position of that deck to be
indicated on each side of the ship by a mark;

(n) the manner of determining, by reference to a mark, the freeboards
assigned to a ship and the position in which each side of a ship is to be
marked with a line indicating the maximum depths to which the ship
may be loaded;

(o) the requirements in respect of hull, superstructure, fittings and
appliances which are relevant to the assignment of freeboards to ships;

(p) the manner of recording particulars of the requirements under
paragraph (o) and the methods of determining the extent of compliance
with the conditions of assignment; and

(q) the information relating to the stability of a ship required to be provided
by the owner of the ship to the master of the ship.

(5) The Regulations may, in relation to a ship carrying passengers, make
provision for and in relation to —
(a) the accommodation of passengers;
(b) the manner of notification of the carriage of unberthed passengers;
(c) provisions, water, medical stores and medical inspection;
(d) the carriage of medical staff and the provision of hospital

accommodation;
(e) sanitary facilities;
(f) sale of alcohol;
(g) passenger lists;

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(h) the cargo which may be carried and the method of stowing cargo;
(i) the maintenance of good order in respect of the passengers;
(j) the prevention of wilful damage and injury to the machinery or

equipment of a ship by a passenger;
(k) the prevention of any obstruction to any crewman in the execution of

his duty;
(1) the prevention of the molesting of or interference with any person on

board the ship.

(6) Regulations made under subsection (5) shall apply only in relation to —
(a) a ship registered under this Act; or
(b) a ship engaged in near coastal trade.

(7) The Regulations may make provision with respect to vessels employed in
navigation on lagoons or inland waters and manning of such vessels.

(8) The Regulations made under section 8 (2) (d) may make provision for and in
relation to —
(i) the extent of the ownership of a ship or class of ships eligible to be

registered under this Act; and
(ii) the proper administration and management of the registration of ships

owned by any person other than a citizen of Tuvalu; and
(iii) the appointment of a person or a corporation not registered in Tuvalu,

to administer the registration of foreign ships.12


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SCHEDULE 1

(section 3)

INTERPRETATION

Definitions

1. In this Act, unless the context otherwise requires —

"appropriate tonnage certificate” means —
(a) in the case of a Tonnage Measurement Convention ship, an

International Tonnage Certificate as specified in Annex II of the
Tonnage Measurement Convention; and

(b) in any other case, a Tuvalu Tonnage Certificate as prescribed;

“authorised officer”, in relation to any provision of this Act, means a person
designated, under section 1 40(b), as an authorised officer for the purpose of
this Act, or for the purposes of that provision;

“bankrupt” includes insolvent;

“certificate of competency” means a certificate issued to a person under
section 76 which entitles the person to be employed in the capacity stated in
the certificate;

“certificate of registry” means a certificate by that name granted under
section 16;

“Collisions Convention” means the Convention on the International
Regulations for Preventing Collisions at Sea 1972, together with the
International Regulations for Preventing Collisions at Sea 1972, constituted
by the rules and other annexes attached to the Convention, as corrected by
Process-Verbal of Rectification dated 1 December 1973, as affected by any
amendment made under Article VI of that Convention, other than an
amendment not accepted by Tuvalu;

“the Court” means the High Court;

“crew”, in relation to a ship, means the person employed on board and in the
business of the ship but does not include a pilot or a person temporarily
employed on board the ship while the ship is at a port;

“crew agreement” means an agreement entered into under section 82;

“disciplined force” has the meaning given in section 2(1) of Schedule 1 to the
Constitution;13

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“employer”, in relation to a seaman, means the person who has entered into a
crew agreement with the seaman for the employment of the seaman on a ship;

“equipment”, in relation to a ship, includes every thing or article belonging to
or used in connection with, or necessary, for the navigation, safety and
working of the ship;

“existing ship” means a ship that is not a new ship;

“fishing vessel” means a vessel used or intended to be used for catching
whales, seals, walrus or other living resources of the sea but excluding any
vessel that is —
(a) engaged in harvesting or transporting algae or aquatic plants; or
(b) primarily a carrier or mother-ship;

“going to sea” and related expressions have the meaning given by paragraph
3 of this Schedule;

“Government ship” means a ship that belongs to the Government or to an
authority or instrumentality of the Government, or that is held by any person
on behalf of, or for the benefit of, the Government but does not include a
vessel belonging to a disciplined force;

“Gross Tonnage”, in relation to a ship having alternative gross tonnages,
shall be taken to be the larger of those tonnages;

“Harbour Master” means the person for the time being appointed to that
office under section 5 of the Harbours Act;14

“inspector” means a person designated under section 140(a) as an inspector;

“International Maritime Convention” has the meaning given in section 47;

“international voyage” means a voyage from a port or place in Tuvalu to a
port or place outside Tuvalu, or conversely;

“length”, in relation to a ship, means —
(a) the length shown in the ship’s certificate of registry or tonnage

certificate; or
(b) the ship does not possess either of those certificates or where the length

is not shown on either of those certificates, the length as determined by
the Harbour Master or an inspector;

“Limitation of Liability Convention” means the International Convention
relating to the Limitation of the Liability of the Owners of Sea-Going Ships,
signed at Brussels on 10th October 1957;15

“load line” means a line marked on a ship indicating the depth to which the
ship may safely be loaded;

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“the Load Line Convention” means the International Convention on Load
Lines, 1966, as affected by any amendment made under Article 29 of that
Convention, other than an amendment not accepted by Tuvalu;

“Load Line Convention ship” means a ship that is —
(a) of a kind to which the Load Line Convention applies; and
(b) registered in a country the government of which has accepted or

acceded to the Load Line Convention and has not denounced or
suspended the operation of that Convention;

“master”, in relation to a ship, means the person having lawful command or
charge of the ship, but does not include a pilot;

“mortgage” means an instrument of security of the kind referred to in section
30 (1);

“National Flag” means the National Flag of Tuvalu;

“near coastal trade” means trade or operations of a ship going to any ports or
places in Tuvalu beyond the protection of the reefs;

“near coastal voyages” means voyages and trade within coastal waters up to
30 nautical miles from the coastlines of Tuvalu, Kiribati, Fiji, Solomon
Islands, Papua New Guinea, Indonesia, Malaysia, Singapore, Thailand,
Cambodia, Vietnam, Philippines and Brunei;16

“new ship” means a ship —
(a) the keel of which was laid or which was at a similar stage of

construction; or
(b) that has been substantially —

(i) altered; or
(ii) reconstructed.

after the date of commencement of this Act.

“Official Log Book”, in relation to a ship, means the Official Log Book kept
under section 113;

“owner” includes the meaning given by paragraph 5 of this Schedule;

“Pacific region trade” means trade or operations, not being near coastal
trade, of a ship within the area demarcated by latitudes 15 Degrees North to
47 Degrees South and longitudes 130 Degrees East to 130 Degrees West;

“passenger” means a person carried on board a ship with the knowledge or
consent of the owner or master of the ship but does not include —
(a) a person engaged in any capacity on board the ship in the business of

the ship; or
(b) a child under the age of one year;

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“passenger ship” means a ship that is carrying or capable of carrying more
than 12 passengers and which is engaged in an international voyage;

“pilot”, in relation to a ship, means any person not belonging to the ship who
has the lawful conduct of the ship;

“proper return port”, in relation to a seaman, means such port or place as is
agreed upon by the master and the seaman and is named in a crew agreement;

“qualified person” means a person of the kind referred to in section 8(4);

“the Register” means the Register of Ships referred to in section 5;

“the Register of Seamen” means the Register of Seamen referred to in
section 111;

“the Registrar” means the person holding the office of Registrar of Ships;

“the Registrar of Seamen” means the person holding the office of Registrar
of Seamen;

“the Regulations” means the regulations made under this Act;

“the Safety Convention” means the International Convention for the Safety
of Life at Sea, 1974 as affected by any amendment made under Article VIII of
the Convention, other than an amendment not accepted by Tuvalu, and
includes the Protocol of 1978 relating to the Convention;

“Safety Convention ship” means a ship that is —
(a) of a kind to which the Safety Convention applies: and
(b) registered in a country the government of which has accepted or

acceded to the Safety Convention and has not denounced that
Convention;

“seaman”, in relation to a ship, means a person, other than —
(a) the master or a pilot or
(b) a person temporarily employed on board a ship while the ship is at port,

being a person who is engaged or employed in any capacity on board the ship
and in the business of the ship;

“Seaman’s Discharge Book” means a book issued under section 112;

“ship” includes —
(a) in relation to the ownership of a ship, a share in the ship and any

interest in the ship or share; and
(b) every description of vessel used, or capable of being used, in navigation

by water, but does not include —
(c) a vessel ordinarily propelled by oars or paddles;
(d) a vessel belonging to a disciplined force or to the defence force of any

other country; or

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(e) a vessel employed in navigation on lagoons or inland waters;

“STCW Convention” means the International Convention on Standards of
Training, Certification, and Watchkeeping for Seafarers 1978;17

“suspended person” means a person whose name is included in the list of
suspended persons kept under section 103;

“surveyor” means a surveyor of ships appointed under section 139 and
includes a person in respect of whom a notification given under section
139(4) has been notified and has not been cancelled;

“this Act” includes the Regulations;

“Tonnage Measurement Convention” means the International Convention
on Tonnage Measurement of Ships 1969 as affected by any amendment made
under Article 18 of that Convention, other than an amendment not accepted
by Tuvalu;

“Tonnage Measurement Convention ship” means a ship that is —
(a) of a kind to which the Tonnage Measurement Convention applies; and
(b) registered in a country the government of which has accepted or

acceded to the Tonnage Measurement Convention and has not
denounced that Convention;

“traditional build” in relation to a ship, means a ship built of traditional
materials to a traditional local design;

“Tuvalu waters” means the internal waters, territorial sea and, where
applicable, archipelagic waters of Tuvalu, all as defined by or under the
Marine Zones (Declaration) Act18;

“unlimited trade” means trade or operations of a ship, going beyond the
protection of the reefs, which is not confined to near coastal trade or Pacific
region trade.

Meaning of “this Part”, etc.

2. A reference in a Part of this Act to “this Part” or “this Division” includes a
reference to any regulations made in respect of the matters contained in that
Part or, as the case may be, that Division.

Going to sea etc.

3.

(1) Subject to sub-paragraph (2), a ship shall, for the purpose of this Act, be
deemed to have —
(a) gone to sea; or
(b) been taken or sent to sea,

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if the ship has got under way for the purpose of—
(c) going to sea;
(d) plying or running; or
(e) proceeding on a voyage.

(2) A ship shall not be deemed under sub-paragraph (1) to have —
(a) gone to sea; or
(b) been taken or sent to sea,.

by reason only that the ship has been got under way for the purpose of moving
the ship from one berth or place in a port to another berth or place in the port.

Exemptions

4. Any power conferred by this Act to provide for or grant an exemption
includes power to provide for or grant the exemption subject to conditions.

Meaning of “owner”

5. Unless the contrary intention appears, a reference in this Act (other than in
Parts II and V) to the owner of a ship shall, where the ship is operated by a
person other than the owner, be read as including a reference to that person.

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SCHEDULE 2

(section 125)

PENALTIES

1 2 3

Section Description of Offence Penalty
Imprisonment or
Fine or Both

12 (3) Failing to keep marks $1000

12 (4) Removing etc. marks $1000

16 (3) Using illegal certificate of registry 2 years; $5000

16 (4) Failing etc. to deliver certificate of registry $1000

18 (5) Failing to deliver up provisional certificate $500

21 (9) Failing etc. to give notice of loss of ship $1000

22 (2) Failing etc. to apply to register alterations $1000

37 Concealing Tuvaluan character etc 2 years; $5000

39 (2) Failing to hoist National Flag $1000

40 Using colours other than National Flag $1000

41 (2) Failing to give information to Registrar of Ships. $1000

46 (1) Describing ship by name not registered $1000

49 (2) Failing to comply with Collisions Convention 2 years; $5000

49 (3) Wrongly exhibiting distress signal 2 years; $5000

52 (2) Sending or taking unsafe ship to sea 2 years; $5000

53 (2) Failing to carry proper equipment. 2 years; $5000

54 (3) Failing etc. to notify serious danger to navigation $500

55 (3) Failing etc. to make radio report of ship $500

56 (3) Failing to assist person in danger of being lost 2 years; $5000

57 (3) Failing to assist in case of collision 2 years; $5000

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61 (1) Sending etc. dangerous goods to sea without notice $1000

61 (2) Sending etc. dangerous goods to sea falsely described $1000

70 Failing to deliver up cancelled etc., certificate $100

75 (3) Permitting ship to go to sea improperly manned. 2 years; $5000

77 Unqualified person going to sea as qualified 2 years; $5000

78 Failing to produce certificate of competency etc 2 years; $5000

79 (3) Failing etc. to deliver up suspended certificate $1000

83 Seeking etc. rewards for employment $1000

86 Refusing etc. to give seaman account of wages $100

90 (2) Permitting ship to go to sea without proper crew
accommodation

$1000

93 Permitting ship to go to sea without medical stores etc $1000

94 (3) Master failing to make arrangements for seaman’s
complaint.

$100

96 (2) Misconduct endangering ship etc. 2 years; $1000

97 Continued or concerted disobedience etc. $500

98 Absence without leave $250

105 Stowing away on ship 3 months; $500

106 Unauthorised presence on ship $100

108 (2) Failing to make return of birth or death on Tuvalu ship $250

109 (2) Failing to make return of birth or death on foreign ship $250

113 (2) Failing to carry or keep Official Log Book $500

113 (3) Destroying etc. Official Log Book $500

115 (1) Master failing to notify death or serious injury $250

133 (1) Making etc. false declaration 2 years; $1000

138 (6) Obstructing etc. inspector 6 months; $1000


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ENDNOTES


1 Act 11 of 1987
Amended by Act 3 of 1991, commencement 1 June 1991
Amended by Act 17 of 1991, commencement 1 February 1992 (GN 11/1992)
Amended by Act 2 of 2004, commencement 1 April 2004 ( LN 1 of 2004)
Amended by Act 5 of 2007, commencement deemed to be May 2004
2 See Act 3 of 1991
3 Amended by Acts 17 of 1991 and 5 of 2007
4 Substituted by Act 5 of 2007
5 Amended by Act 17 of 1991
6 Inserted by Act 17 of 1991
7 Inserted by Act 5 of 2007
8 Substituted by Act 17 of 1991
9 Amended by Act 17 of 1991
10 Cap. 7.16
11 Substituted by Act 17 of 1991
12 Inserted by Act 2 of 2004
13 Cap 1.02
14 Cap. 48.08
15 Inserted by Act 17 of 1991
16 Inserted by Act 5 of 2007
17 Inserted by Act 17 of 1991
18 Cap. 48.24