Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations, 2007

Agreements, Lists of Crew and Discharge of Seamen) Regulations, 2007.

Exemption from requirements of section 57.

The requirements of section 57 relating to crew agreements shall not apply to-

(a} any ship belonging to the Government or a statutory body; and

(b}

any ship proceeding to sea solely for the purpose of trials of the ship, its machinery or equipment.

Carrying copy of crew agreement on ships.

The master shall cause -

{a) a legible copy of any crew agreement relating to the ship, omitting the signatures; or

Upon a seaman making a demand of his employer or of the master, the employer or master, as the case may be, shall-

{a}

cause to be supplied to him a copy of the crew agreement under which he is employed or such extracts therefrom as are necessary to show the terms on which he is employed; and

{b}

cause to be made available to him a copy of any document referred to in the agreement.

Particulars required in crew agreements.

A crew agreement shall contain the following particulars -

{a}

in respect of every ship to which the crew agreement relates-

[i)

the name of the ship, its port of registry and official number;

A crew agreement shall remain in force -

{a)

until all the persons employed under that agreement in the ship have been discharged; or

{b)

until the ship first calls at a convenient port after the date of expiry stipulated in the crew agreement.

Particulars of master and seamen.

Ill A crew agreement shall be dated at the time of the first signature thereof and shall be signed by the master or employer of the seaman or by a person authorised by the master or employer in that behalf, before a seaman signs the agreement.

Every erasure, interlineation or alteration in any crew agreement, except additions made for the purpose of shipping substitutes or persons engaged after the agreement has been made, shall be wholly inoperative unless proved to have been made with the consent of all the persons interested in the erasure, interlineation or alteration and such erasure, interlineation or alteration shall -

{a) if made in Brunei Darussalam, be attested or endorsed by the

Director; or

{b)

if made elsewhere, be attested or endorsed by a Brunei Darussalam consular officer or any person holding public office in that place.

Procedure on discharge.

Where a seaman is present when he is discharged-

{a) the master, or one of the ship's officers authorised by him in that behalf, shall, before the seaman is discharged -

Any person who fails to comply with any provision of these Regulations shall be guilty of an offence and liable on conviction to a fine not exceeding $500.

Fees.

Shipowners, ship charterers or their appointed agents shall pay the fees for the services stipulated in the Schedule with regard to the crew agreement.

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