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Marine Act 1986 - Marine (Masters and Seamen) Regulations 1990

FIJI

MARINE ACT, 1986
(ACT NO. 35 OF 1986)

Legal Notice 82

MARINE (MASTERS AND SEAMAN) REGULATIONS, 1990

IN exercise of the powers conferred upon me by sections 143 and 212 of the Marine Act, 1986, I have made the following Regulations-

PART I - PRELIMINARY

Short title

1. These Regulations may be cited as the Marine (Masters and Seamen) Regulations, 1990.

Commencement

2. These Regulations come into operation on their publication in the Gazette.

Purpose

3. The purpose of these regulations is to-

(a) specify the conditions and particulars to be included in agreement between the owner of a vessel and a crew member and the form of such an agreement;

(b) specify the circumstances in which a young person may enter into such an agreement;

(c) provide for the medical examinations of seamen;

(d) specify the standards of crew accommodation and provisions;

(e) specify what are disciplinary offences by seamen and provide for suspension from employment;

(f) specify the records to be kept by the owners and masters of vessels.

Interpretation

4. In these Regulations, a reference to a form by letter and number is a reference to the form so lettered and numbered in Part 2 of Schedule 1.

PART II - EMPLOYMENT OF SEAMEN

Form of agreement

5.-(1) Subject to section 95 of the Act, this regulation applies to a registered vessel that-

(a) has a gross registered tonnage of 200 tons or more; or

(b) is engaged on a voyage between 2 ports or places that are not enclosed within-

(i) the Short Coasting Area; or

(ii) the Fiji Island Trade Area,

as defined in the Marine (Certificates of Competency and Manning of Vessels) (General) Regulations, 1989.

(2) An agreement entered into between the owner of a vessel to which this regulation applies and a seaman employed in the vessel must be substantially in accordance with form CREW 1.

Manner of approval of agreement or proposed agreement

6.-(1) A copy agreement or proposed agreement lodged with a shipping officer in accordance with section 109 of the Act must be lodged in duplicate, and must be accompanied by the prescribed fee.

(2) The prescribed fee for approving an agreement is $50 plus $2 for each sea-man signed on the agreement.

(3) If a shipping officer approves an agreement or proposed agreement he must endorse one copy of the agreement or proposed agreement lodged with him with his approval and return it to the person who lodged it and retain the other copy.

Notice of intention to enter into agreement

7.-(1) A notice of intention to enter into an agreement must be in accordance with form CREW 2.

(2) The owner of a vessel, or a person acting on his behalf, must give a shipping officer notice of an intention to enter into an agreement-

(a) at least 24 hours before the time specified by the owner as the time when he intends to enter into the agreement; or

(b) such shorter period as the shipping officer may allow if he considers a voyage would otherwise be unreasonably delayed.

Penalty: A fine not exceeding $100.

Executed agreement

8.-(1) The owner of a vessel must, within 24 hours of entering into an agreement, inform a shipping officer accordingly.

Penalty: A fine not exceeding $50.

(2) Subject to subregulation (3), the owner of a vessel who has entered into an agreement must-

(a) keep the agreement on board the vessel; and

(b) keep a copy of the agreement at his ordinary place of business in Fiji.

Penalty: A fine not exceeding $50.

(3) Where an agreement is in respect of employment on more than one vessel the owner of the vessels must keep the agreement at his ordinary place of business in Fiji.

Amendment of agreement

9.-(1) Before amending an agreement entered into by the owner of a vessel and Seaman, the owner must give to a shipping officer two copies-

(a) of the agreement; and

(b) a statement setting out the proposed amendments.

Penalty: A fine not exceeding $50.

(2) If a shipping officer agrees a proposed amendment to an agreement he must-

(a) endorse his approval on a copy of the agreement and statement referred to in subregulation (1) and return them to the owner; and

(b) retain the other copy of the agreement and statement.

Copies of agreements to be exhibited

10.-(1) If an agreement is in respect of employment on one vessel the owner of the vessel must ensure that a copy of the agreement is exhibited at all times in a conspicuous place on the vessel.

Penalty: A fine not exceeding $200.

(2) If an agreement is in respect of employment on more than one vessel the owner of the vessels must ensure that a copy of the agreement is exhibited at all times in a conspicuous place on each vessel to which the agreement relates.

(3) A copy exhibited in accordance with subregulation (2) must-

(a) be certified as a true copy by the master of each vessel to which it relates; and

(b) have endorsed on it-

(i) the place at which; and

(ii) the person by whom,

the agreement is being kept in accordance with regulation 8(3).

Multiple ship agreement

11.-(1) If a seaman has entered into an agreement in respect of employment on more than one vessel named in the agreement he is not bound by the agreement in respect of a voyage on any particular vessel so named until-

(a) the seaman signs his name on the crew list for that voyage; and

(b) the master signs that crew list; and

(c) the master delivers a copy of that crew list,

certified by him to be a correct copy, to a shipping officer prior to the voyage.

(2) A crew list referred to in subregulation (1) must have endorsed on it-

(a) a statement that it forms part of a multiple ship agreement to which each seaman named in the list is a signatory; and

(b) the reference number of that agreement.

Notice of intention to terminate agreement

12.-(1) The owner of a vessel must give at least 48 hours notice of his intention to terminate the employment of a seaman on the vessel to-

(a) a shipping officer; or

(b) the Proper Officer at the port at which the employment is to be terminated.

Penalty: A fine not exceeding $100.

(2) Notice, for the purpose of subregulation (1), must be given a form CREW 3

Termination of agreement

13.-(1) Where, in accordance with section 111(4) of the Act, a shipping officer or a Proper Officer consents to an agreement being terminated in respect of a seaman at a place away from the proper return port of the seaman he shall, if it is practicable for him to do so, make and sign an entry in the vessel's Official Log Book recording his consent.

(2) Where it is not practicable for a shipping officer or Proper Officer to make and sign an entry in a vessel's Official Log Book in accordance with subregulation (1) the master of the vessel shall make and sign an entry recording that consent was given.

(3) When a change is made in the crew of a vessel as listed in an agreement made in respect of the vessel the owner of the vessel must, within 48 hours of the change, inform a shipping officer of the change.

Penalty: A fine not exceeding $50.

(4) Notice, for the purpose of subregulation (1), must be given on form CREW 4.

Seaman not to be left behind outside Fiji

14.-(1) The master of a vessel must not leave behind at a place outside Fiji a seaman belonging to the vessel who, because of illness, hurt or injury, requires attention ashore, without the consent of the Proper Officer at the place.

Penalty: A fine not exceeding $200.

(2) A Proper Officer shall not be taken as having given his consent for the purpose of subregulation (1) unless he has first satisfied himself that-

(a) the master of the vessel has taken all reasonable measures to ensure that a responsible person ashore has-

(i) been made aware of the rights of the seaman; and

(ii) has accepted responsibility for the welfare, maintenance and repatriation of the seaman; or

(b) it would be unreasonable to withhold consent.

(3) Where a Proper Officer gives consent under subregulation (1) the master of the vessel must ensure that the consent is endorsed on-

(a) the agreement or copy agreement carried on the vessel relevant to the seaman's employment on the vessel; and

(b) where practicable, the Official Log Book of the vessel.

Medical examination of seamen

16.-(1) The owner of a vessel must not enter into an agreement for the employment on that vessel of a person who has not previously been employed as a seaman until that person produces a certificate issued under the Marine (Medical Examination of Seafarers) Regulations, 1990 certifying that he is fit to carry out the duties of a seaman in the capacity in which he is to be employed.

Penalty: A fine not exceeding $100.

(2) A shipping officer must not approve an agreement or proposed agreement where subregulation (1) has not been complied with.
I
(3) Where a shipping officer suspects that a seaman is unfit to carry out the duties of a seaman in the capacity in which he is to be employed he may, before approving an agreement or proposed agreement entered into or intended to be entered into by that seaman, require the seaman to undergo the medical examination prescribed by the Marine (Medical Examination of Seafarers) Regulations, 1990 and to produce a certificate issued under those regulations certifying that the seaman is fit to carry out his duties.

Payment of wages

17. Unless a seaman directs or approves some other means of payment the owner of a vessel must pay the wages due to the seaman in cash.

Penalty: A fine not exceeding $200.

Deductions from wages

18. The owner of a vessel must not make any deductions from the wages due to a seaman except-

(a) any allotment made by means of an allotment note in the prescribed form; and

(b) in respect of-

(i) reimbursements for goods or services supplied to the seaman by the owner; and

(ii) cash advances made to the seaman by the owner,

where the seaman has acknowledged, in writing, receipt of the goods, service or advance; and

(c) deductions permitted or required to be made under any law.

Account for wages

19. For the purposes of section 116 of the Act an account of wages due to a seaman under an agreement-

(a) must be made on form CREW 5; and

(b) must be given to the seaman-

(i) at such intervals as are set out in the agreement; and

(ii) during the 24 hours before the termination of the agreement,

or if the seaman is left behind.

Allotment of wages

20.-(1) For the purpose of section 115(2) of the Act an allotment of wages must be made on form CREW 6.

(2) Unless an owner otherwise agrees with a seaman a seaman is not entitled to make more than 2 allotments in respect of wages due to him.

(3) Where a seaman has made an allotment in respect of wages due to him under an agreement-

(a) the owner is not obliged to pay the first amount payable in accordance with the allotment until 30 days after the date of the allotment note; and

(b) the owner must pay subsequent amounts payable in accordance with the allotment on the same day as payment of wages under the agreement are payable.

PART III - WELFARE OF SEAMEN

Crew accommodation to be kept clean, etc.

21.-(1) The owner and master of a vessel must each ensure that the crew accommodation on the vessel-

(a) is kept clean; and

(b) is maintained in good condition; and

(c) except in the case of a store room, is kept free of goods, cargo and stores belonging to the crew.

Penalty: A fine not exceeding $200.

(2) The master of a vessel that is more than 24 metres in length must inspect every part of the crew accommodation at intervals not exceeding 30 days, and, on each inspection, be accompanied by a seaman.

Penalty: A fine not exceeding $100.

Crew accommodation

22.-(1) For the purpose of section 120(1) of the Act the prescribed standard in respect of crew accommodation is-

(a) in the case of a new vessel-the standard set out in section 6 of the Fiji Maritime Code; and

(b) in any other case-a standard as near as possible to that set out in section 6 of the Fiji Maritime Code having regard to the age of the vessel its manner of construction and the trade on which the vessel is engaged.

(2) Where the Director is satisfied that a vessel does not comply with subregulation (1)(b) he may notify the owner of the vessel of the alterations required to be carried out to the vessel to bring it to the prescribed standard specified in that subregulation.

Inspection of crew accommodation

23. The owner and master of a vessel shall permit a surveyor appointed for the purpose to carry out the inspection of the crew accommodation of the vessel-

(a) before the vessel is put into service; and

(b) annually thereafter; and

(c) if at any time the Director suspects that the crew accommodation does not meet the prescribed standard.

Penalty: A fine not exceeding $200.

Provisions and water

24.-(1) For the purpose of section 121(1) of the Act, the provisions and water on a vessel are as prescribed if-

(a) having regard to-

(i) the number of seaman employed on the vessel; and

(ii) the duration and nature of the voyage to be undertaken,

they are adequate in quantity; and

(b) the provisions are-

(i) of good quality; and

(ii) of nutritive value; and

(iii) of sufficient variety; and

(c) they do not contain anything which-

(i) is likely to cause sickness or injury to health; or

(ii) may render the water or provisions unpalatable or unfit for human consumption.

(2) The owner and master of a vessel must at anytime allow a shipping officer to inspect the water and provisions on the vessel provided for the use of the crew.

Penalty: A fine not exceeding $200.

(3) When a shipping officer has carried out an inspection under subregulation (2) he must make an entry of the results of his inspection in the Official Log Book of the vessel.

Medical stores, etc.

25. For the purpose of section 122 of the Act, a vessel has the prescribed number of medicines and medical and surgical stores if it is carrying the number specified in Appendix K in Part 4 of section 13 of the Fiji Maritime Code.

Relief of distressed seamen

26.-(1) The provisions to be made in respect of a distressed seaman by a person who last employed him are-

(a) to make provisions for the return of the distressed seaman to his proper return port as soon as practicable after the event which caused him to be a distressed seaman; and

(b) in the meantime, to make such provision for the food, lodging, relief and maintenance of the distressed seaman as is appropriate having regard to the, circumstances.

(2) Subregulation (1) includes an obligation to provide the distressed seaman with sufficient-

(a) clothing; and

(b) toilet and other personal necessities; and

(c) surgical or medical treatment, including the pair or replacement of dental, optical or surgical appliances; and

(d) money to pay for minor expenses likely to be incurred by the distressed seaman.

(3) Subregulation (1) also includes an obligation-

(a) to bring a distressed seaman ashore or to provide for him to be brought ashore; and

(b) to maintain or to provide for the maintenance of the distressed seaman until he is brought ashore; and

(c) if the distressed seaman dies, to provide for-

(i) the burial or cremation of his body; or

(ii) the conveyance of his body to the seaman's proper return port.

Wages of distressed seaman

27. Any wages due to a distressed seaman are payable to him on his return, to his proper return port.

Effects of distressed seamen

28.-(1) If any effects of a seaman who became a distressed seaman are left on board a vessel the master of the vessel must-

(a) take charge of the effects; and

(b) make an inventory of them; and

(c) where in accordance with subregulation (2) any of the effects are-

(i) destroyed-record a description of those effects; or

(ii) any record made in accordance with paragraph (a) and any proceeds from any disposal; and

(d) immediately on the next arrival of the vessel at a Fiji port deliver to the shipping officer at that port-

(i) the effects still in his charge; and

(ii) any record made in accordance with paragraph (c) and any proceeds from any disposal.

(2) For the purpose of subregulation (1)(c), the master of a vessel who has in his charge any effects of a distressed seaman may at anytime destroy or dispose of those effects if, in his opinion, they -

(a) may perish or deteriorate to such an extent as to become unusable; or

(b) are likely to endanger-

(i) the health, comfort or safety of people on the vessel; or

(ii) the safety or efficiency of the vessel or of any of its equipment.

(3) If a shipping officer has delivered to him, in accordance with subregulation (1) (d), the effects of a distressed seaman, any record made in accordance with subregulation (1) (c) or any proceeds of any disposal he must keep a record that includes details of what was delivered to him, when they were delivered to him and by whom they are delivered to him.

(4) A shipping officer shall give possession of the effects of a distressed person in his possession or any proceeds of any disposal to any person who has lawful authority to have possession of them.

(5) When a shipping officer has had any effects of a distressed seaman in his possession for a year or more without any claim being made for them in accordance with subregulation (4) he may apply to the Minister for approval to dispose of them.

(6) A shipping officer may dispose of any effects of a distressed seaman in his possession in accordance with the approval of the Minister and must pay any proceeds (including proceeds delivered to him in accordance with subregulation (l) (d) into the Consolidated Fund.

Notification of distressed seaman

29. If a seaman becomes a distressed seaman the owner or the master of the vessel in which the seaman was employed immediately before becoming a distressed seaman must-

(a) within 48 hours of the seaman becoming a distressed seaman, notify a shipping officer or a Proper Officer-

(i) the name of the distressed seaman; and

(ii) the circumstances in which he became a distressed seaman; and

(b) subsequently the shipping officer or Proper Officer informed of the arrangements made in respect of the distressed seaman.

Penalty: A fine not exceeding $500.

Effects of deceased seaman

30. If a seaman employed on a vessel dies leaving effects on board the vessel the master of the vessel must-

(a) take charge of the effects; and

(b) make an inventory of them; and

(c) where, in accordance with subregulation (2), any of the effects are-

(i) destroyed-record a description of those effects; or

(ii) disposed of-record a description of those effects together with details of the disposal; and

(d) immediately on the next arrival of the vessel at a Fiji port deliver to the Director-

(i) the effects still in his charge; and

(ii) any record made in accordance with paragraph (c) and any proceeds from any disposal.

Penalty: A fine not exceeding $500.

(2) For the purpose of subregulation (1) (c), the master of a vessel who has in his charge any effects of a deceased seaman may at anytime destroy or dispose of those erects if, in his opinion, they-

(a) may perish or deteriorate to such an extent as to become unusable; or

(b) are likely to endanger-

(i) the health, comfort or safety of people on the vessel; or

(ii) the safety or efficiency of the vessel or of any of its equipment.

(3) If the Director has delivered to him, in accordance with subregulation (1) (d), the effect of a deceased seaman; any record made in accordance with subregulation (1) (c) or any proceeds of any disposal he must keep a record that includes details of what was delivered to him, when they are delivered to him and by whom they were delivered to him.

(4) The Director shall give possession of the effects of a deceased seaman in his possession or any proceeds of any disposal to any person who has lawful authority to have possession of them.

(5) When the Director has had any effects of a deceased seaman in his possession for a year or more without any claims being made for them in accordance with subregulation (4) he may apply to the Minister for approval to dispose of them.

(6) The Director may dispose of any effects of a deceased seaman in his possession in accordance with the approval of the Minister and must pay any proceeds (including proceeds delivered to him in accordance with subregulation (1) (d)) into the Consolidated Fund.

Wages of deceased seaman

31.-(1) Any wages due from the owner of a vessel to a seaman who died while employed on the vessel-

(a) must be paid by that owner to the Director; and

(b) shall be dealt with by the Director as if they were effects of a deceased seaman delivered to the Director in accordance with regulation 30.

(2) If the owner of a vessel fails to pay wages due to a deceased seaman as required by subregulation (1) (a) the Director has the same rights to recover the amount owing as the seaman would have had had he not died.

PART IV - DISCIPLINE OF SEAMEN

Application

32. This Part does not apply to seamen employed-

(a) on a pleasure yacht;

(b) on a vessel with a gross registered tonnage of less than 200 tons that is engaged on a voyage between 2 ports or places enclosed within-

(i) the Short Coasting Service area; or

(ii) the Fiji Islands Trade area,

as defined in the Marine (Certificates of Competency and Manning of Vessels) (General) Regulations, 1989;

(c) on a vessel solely in connection with the construction, alteration, repair or testing of the vessel, its machinery or equipment;

(d) on a vessel engaged on a voyage specified it paragraph (b) if the vessel is on the voyage solely for the purpose of trials of the vessel, its machinery or equipment.

Disciplinary offences

33.-(1) It is a disciplinary offence for a seaman on board a vessel-

(a) wilfully to strike a person;

(b) wilfully to disobey a lawful command;

(c) without reasonable cause-

(i) to fail to be available for duty at a time when he is required to be available for duty by the master of the vessel or by some other person with authority over him; or

(ii) to fail to report to, or to remain at his place of duty on the vessel at a time when he is required to be at that place;

(iii) to be asleep at his place of duty while on duty at that place;

(d) to be under the influence of drink or a drug or drink and a drug to such extent that-

(i) he behaves in a disorderly manner; or

(ii) he is unfit to perform his duty or any duty he may be called upon to perform;

(e) without the consent of the master of the vessel or of some other person authorized to give that consent-

(i) to bring on board the vessel, or

(ii) to have in his possession on board the vessel,

any offensive weapon;

(f) wilfully and without reasonable cause-

(i) to damage the vessel; or

(ii) to damage any property on board the vessel; or

(iii) to throw any property overboard;

(g) without reasonable excuse-

(i) to take; or

(ii) to have in his possession,

any property belonging to or in the custody of a person on board the vessel;

(h) to cause or knowingly permit to be on board the vessel a person who, not being authorized by law to be on board the vessel, is on board without the consent of the master of the vessel or of a person authorized to give that consent.

(2) It is not a disciplinary offence under subregulation (1)(d) if-

(a) the seaman took the drug for medical purposes; and

(b) the seaman-

(i) took the drug on medical advice and complied with any direction given as part of that advise; or

(ii) he had no reason to believe that the drug might have the influence it had.

Disciplinary offences on board certain hazardous vessels

34.-(1) This regulation, applies to a vessel-

(a) that has a special risk of fire or explosion because of the type of cargo or stores being carried; and

(b) where the master or owner has given notice to the seaman on the vessel (by notices displayed on the vessel or otherwise) that the acts referred to in subregulation (2) are prohibited.

(2) It is a disciplinary offence for a seamen on board a vessel to which this regulation applies-

(a) to smoke; or

(b) to use a naked light or a contrivance designed or adapted to produce fire or an explosion; or

(c) to use an electrical torch of a design not approved by the master of the vessel,

in any part of the vessel where that activity is prohibited by the master or owner of the vessel.

(3) It is a disciplinary offence on board a vessel to which this regulation applies for a seamen-

(a) to bring on board the vessel; or

(b) to have in his possession on board the vessel,

without the consent of the master or of a person authorized to give that consent-

(c) any matches; or

(d) a contrivance designed or adapted to produce fire or an explosion.

Procedure relating to disciplinary offences

35.-(1) A disciplinary offence on board a vessel shall be dealt with by-

(a) the master of the vessel; or

(b) an officer on board the vessel where -

(i) the officer has been authorized to deal with disciplinary offences by the master; and

(ii) the name of the officer has been entered in the Official Log Book of the vessel by the master as authorized for that purpose.

(2) A disciplinary offence shall be dealt with-

(a) within 24 hours of it coming to the master’s attention; or

(b) where it is not practicable to deal with it within that time, as soon as possible after that time.

(3) A person dealing with an alleged disciplinary offence by a seaman on a vessel shall conduct the hearing in respect of the alleged offence in the following manner:

(a) the seaman must, if he so requests, be allowed to be accompanied at the hearing by another person who shall be allowed to speak on behalf of the seaman;

(b) the charge must be entered in the Official Log Book of the vessel and read to the seaman;

(c) after the charge has been read to the seaman a record to that effect must be entered in the Official Log Book of the vessel;

(d) when the charge has been read to the seaman a record to that effect must be entered in the Official Log Book of the vessel;

(d) when the charge has been read to the seaman he must be asked whether or not he admits committing the offence;

(e) the seaman's reply shall be recorded in the Official Log Book of the vessel;

(f) if the seaman does not admit committing the offence witnesses may be called and questioned in the presence of the seaman, who must be given a reasonable opportunity to question each witness on his evidence;

(g) the seaman must be given the opportunity to make a statement in answer to the charge and may comment on the evidence produced;

(h) particulars of any statement made by a seaman in accordance with paragraph (g) (or the fact that he declined to make such a statement) shall be entered in the Official Log Book of the vessel;

(i) the seaman must be allowed to call any witness he wishes to call to give evidence on his behalf, but any such witness may be questioned on his evidence by the person conducting the hearing must on his evidence;

(j) after hearing the evidence the person holding the hearing must, in the presence of the seamen, give his decision as to whether or not he finds the seaman committed the alleged offence as charged.

(3) A person who has held a hearing in respect of an alleged offence must record his decision-

(a) in the Official Log Book of the vessel; and

(b) on form CREW 7.

Suspended persons

36.-(1) When a decision in respect of a seaman on a vessel has been recorded on form CREW 7 the master of the vessel must, at the first opportunity, give that form and an account of the seaman's wages on form CREW 5 to a shipping officer at the Port of Suva.

(2) The prescribed time for the purpose of section 129(2) (a) of the Act is 2 years.

(3) If-

(a) a seaman has been found to have committed a disciplinary offence (other than an offence under section 125, 126 or 127 of the Act); and

(b) the seaman has not been found to have committed any other disciplinary offence during the previous 2 years,

the Director must warn the seaman that if he is found to have committed another disciplinary offence during the next 2 years the Director may declare the seaman to be a suspended person for such period as the Director thinks fit.

(4) If, in accordance with section 129(2) of the Act, the Director declares a seaman to be a suspended person, the Director shall, in determining the period of suspension have regard to-

(a) the nature of the disciplinary offence committed by the seaman; and

(b) the circumstances in which that offence was committed; and

(c) the report of the shipping officer to whom form CREW 7 was given; and

(d) the character and conduct of the seaman.

(5) When the Director declares a seaman to be a suspended person he shall -

(a) give the seaman and the person who last employed him as a seaman a written notice specifying the period during which the seaman is a suspended person; and

(b) take possession of the seaman's Employment Record Book and any Certificate of Competency or Service issued to him and retain them during the period of suspension.

(6.) A seaman shall not fail to deliver his Employment Record Book or a Certificate of Competency or Service to the Director when required to do so for the purpose of subregulation (5)(d).

Penalty: A fine not exceeding $100.

(7) The Director shall include the name of a suspended person in the list of suspended-

(a) where the period of suspension is 6 months or less-immediately on the declaration of the suspension; or

(b) where the period of suspension is 6 months or more-

(i) 30 days after the seaman is notified of the suspension; or

(ii) where the seaman has appealed to a Resident Magistrate and the Magistrate has rejected the appeal-immediately on that rejection.

List of suspended persons to be kept

37. The Director must ensure that a copy of the list of suspended persons
is-

(a) kept at the office of each shipping officer; and

(b) made available to any person upon request and without fee.

PART V - RECORDS, ETC., TO BE KEPT

Return of births and deaths on registered vessels

38.-(1) For the purpose of section 137 of the Act-

(a) a return in respect of a birth occurring in a registered vessel shall be made on form CREW 8; and

(b) a return in respect of a death occurring or presumed to have occurred in or from a registered vessel shall be made on form CREW 9.

(2) A return under subregulation (1) must be made by the master of the vessel as soon as practicable after the vessel arrives at a port or place in Fiji, but, in any event, within 3 months of the birth or death.

Return of births and deaths in vessels not registered in Fiji arriving in Fiji

39.-(1) For the purpose of section 137 of the Act, where-

(a) a birth occurs in; or

(b) a death occurs or is presumed to have occurred in or from,

a vessel that is not a registered vessel but is on a voyage to a port or place in Fiji, a return in respect of that birth or death must be made on form CREW 10.

(2) A return under subregulation (1) must be made by the master of the vessel as soon as practicable after the vessel arrives at a port or place in Fiji.

Seaman's Employment Record Book

40.-(1) A seaman's Employment Record Book issued in accordance with section 133(1) of the Act must-

(a) be in accordance with form CREW 11; and

(b) have a durable cover.

(2) For the purpose of section 133(2) of the Act-

(a) a seaman's Employment Record Book must be applied for by a person within 7 days of becoming employed as a seaman; and

(b) when an application is made in accordance with paragraph (a) the seaman must be allocated a number and issued with an Employment Record Book; and

(c) an entry must be made in the Register of Seamen of the name of the seaman and the number allocated to him in accordance with paragraph (b).

(3) A seaman must produce his Employment Record Book when required to do so by-

(a) the Director; or

(b) a Proper Officer; or

(c) a shipping officer; or

(d) a person authorized to make an endorsement in the Employment Record Book.

Penalty: A fine not exceeding $50.

(4) As soon as practicable after the employment of a seaman on a vessel ends (for whatever reason) the owner of the vessel, or a person authorised on his behalf, must-

(a) record in the seaman's Employment Record Book details of the seaman's service at sea on the vessel; and

(b) sign that record.

Penalty: A fine not exceeding $200.

(5) If a-

(a) certificate of competency; or

(b) certificate of satisfactory service,

is issued to a seaman-

(c) the Director or a shipping officer must-

(i) endorse the seaman's Employment Record Book with details of the certificate; and

(ii) sign that endorsement; and

(d) details of the certificate must be added to the record of the seaman in the Register of Seamen.

(6) If the master of a vessel has in his possession the Employment Record Book of a seaman who has died or been left behind he must deliver it as soon as practicable to a shipping officer or a Proper Officer.

Penalty: A fine not exceeding $100.

(7) If a seaman's Employment Record Book is-

(a) lost, destroyed or defaced; or

(b) contain insufficient space for any further endorsements,

the seaman must apply, as soon as practicable, for a new Employment Record Book.

Penalty: A fine not exceeding $50.

Official Log Book

41.-(1) The Official Log Book of a vessel must be in accordance with form CREW 12.

(2) An entry. in an Official Log Book of a type referred to in column 1 of Schedule 2 must be signed and dated by the person referred to in column 2 in the presence of a person (if any) specified in column 3 who must also sign the entry.

(3) In paragraphs 13, 14, 17 and 18 of Part A of Schedule 2, and in paragraphs 12 and 13 of Part B of Schedule 2 “seaman” includes the master of the vessel.

(4) If an entry made in an Official Log Book is of such a length that it cannot easily be recorded in the Official Log Book it may be annexed to the Official Log Book and referred to in the Official Log Book.

Production of Official Log Book

42.-(1) The master of a vessel must produce the Official Log Book of the vessel when required to do so by-

(a) the Director; or

(b) a shipping officer; or

(c) a Proper Officer.

Penalty: A fine not exceeding $200.

(2) The master of a vessel must deliver the Official Log Book of the vessel to a shipping officer within 48 hours after the first arrival of the vessel at a port or place in Fiji after a period of 6 months has elapsed from the date of the first entry in the Official Log Book.

Penalty: A fine not exceeding $200.

(3) The master of a vessel must deliver the Official Log Book of the vessel to a shipping officer within 48 hours of the discharge of the last person remaining employed on a crew agreement for the vessel.

Penalty: A fine not exceeding $200.

Crew Lists

43. For the purposes of section 136 of the Act a crew list must contain-

(a) the-

(i) name; and

(ii) port of registry; and

(iii) registry or other number,

of the vessel to which the crew list relates; and

(b) the name and address of-

(i) the owner of the vessel; and

(ii) the representative of the owner of the vessel; and

(c) in respect of each seaman employed on the vessel-

(i) his name; and

(ii) his address; and

(iii) the number of his Employment Record Book or his date and place of birth; and

(iv) the capacity in which he is employed on the vessel; and

(v) details of any certificate of competency or satisfactory service held by him; and

(vi) the date he started and is to end his employment on the vessel; and

(vii) the name, address and relationship of his next of kin; and

(viii) the registered number of the agreement under which he is employed.

Requirement in respect of crew lists

44.-(1) The crew list of a vessel forms part of the agreement in respect of the vessel.

(2) the master and owner of a vessel must each ensure that the crew list of the vessel is kept on board the vessel.

Penalty: A fine not exceeding $1,000.

(3) The owner of a vessel must keep a copy of the crew list of the vessel at his ordinary place of business in Fiji as shown on the agreement for the vessel.

Penalty: A fine not exceeding $1,000.

(4) The owner of a vessel or his representative must, within 48hours of a crew list being made, give a copy of the list to a shipping officer.

Penalty: A fine not exceeding $1,000.

(5) The owner of a vessel or his representative must, within 48 hours of any changes being made to a crew list give details of the changes to a shipping officer on form CREW 4.

Penalty: A fine not exceeding $1,000.

(6) Despite subregulations (4) and (5), the owner of a vessel or his representative must, on each anniversary of the making of a crew list, give to a shipping officer a copy of the crew list as at that date.

Penalty: A fine not exceeding $1,000.

(7) If a person has in his possession a crew list or a copy of a crew list in respect of a vessel that he reasonably believes has been lost or abandoned he must promptly deliver the crew list or the copy of the crew list to a shipping officer.

Penalty: A fine not exceeding $200.

(8) The master of a vessel must produce the crew list of the vessel to-

(a) a shipping officer; or

(b) a Proper Officer,

when required to do so.

Penalty: A fine not exceeding $100.

Dated at Suva this 26th day of July 1990.

A. V. TORA
Minister for Infrastructure and
Public Utilities

________

SCHEDULE 1

PART 1

List of forms

_______

PART 2

Forms

FORM CREW 1

AGREEMENT AND LIST OF THE CREW OF A VESSEL (of any tonnage) ON AN INTERNATIONAL VOYAGE

OR,

OF A VESSEL (of 200 tons GRT or Over) ON A COASTAL VOYAGE

1. Place S.S. before name if a Steamship, and M.S. if a Motor Ship.

2. Delete inapplicable letters.

3. Here are to be inserted the name and address of any person who has chartered the ship and appoints the Master and Crew, pays their wages , and has for the time being the whole control of the ship.

4. Here are to be inserted the nature including whether a Coastal or an International Voyage and as far as practicable, the duration of the intended voyage, or engagement or the maximum period and the places or parts of the world, if any, which are excluded.

5.Here are to be inserted the Numbers of any of the Regulations for preserving discipline issued by the Ministry of Infrastructure and Public Utilities and printed on the Fourth page hereof, which the parties agree to adopt.

6. Here any other stipulations may be inserted to which the parties agree and which are not contrary to law.

N.B. -This Form must not be unstitched. No leaves may be taken out of it, and none may be added or substituted.

Care should be taken at the time of engagement that a sufficiently large form is used. If more men are engaged during the voyage than the number for whose signatures spaces are provided in this Form a continuation sheet or sheets should be obtained and used.

2

ADDITIONAL CLAUSES

___________________________________________________________________________

___________________________________________________________________________

3

SCALE OF PROVISIONS

Here may be entered a list of provisions, if any, as agreed between the employer and crew. Any such agreement must carry the signature and stamp of the Director of Marine.
___________________________________________________________________________

___________________________________________________________________________

4

POSITIONS OF THE DECK LINE AND LOAD LINES

The upper edge of the deck line from which these freeboards are measured is.......................m.m. above the top of the ...........................deck at side.

(Above particulars to be taken from Load Line Certificate.)
___________________________________________________________________________
The Winter North Atlantic load line (if assigned) applies for voyages across the North Atlantic, as defined in the Load Line Convention. The periods during which the other seasonal load lines apply in different parts of the world are as stated in the Load Line Convention.

_________

REGULATIONS FOR MAINTAINING DISCIPLINE

Disciplinary Offence

1. It is a disciplinary offence on board a ship for a seamen to whom these Regulations apply -

(a) wilfully to strike any person;

(b) wilfully to disobey a lawful command;

(c) without reasonable cause-

(i) to fail to be available for duty at a time when he is required by the master or by a person authorised by the master to be so available; or

(ii) to fail to report or to remain at his place of duty at a time when he is so required to be at that place; or

(iii) while on duty, to be asleep at his place of duty;

(d) to be under the influence of drink or a drug (whether alone or in combination) to such an extent that he behaves in a disorderly manner or is unfit to be entrusted with his duty or with any duty which he might be called upon to perform, unless the drug was taken by him for medical purposes and either-

(i) he took it on medical advice and complied with any directions given as part of that advice; or

(ii) he had no reason to believe that the drug might have the influence it had;

(e) without the consent of the master or of any other person authorised to give it, to bring on board the ship or to have in his possession on board any offence weapon;

(f) wilfully and without reasonable cause-

(i) to damage the ship; or

(ii) to damage any property on board the ship; or

(iii) to throw any such property overboard;

(g) without reasonable cause, to take or to be in possession of any property belonging to or in the custody of any person on board the ship;

(h) to cause or knowingly to permit to be on board the ship any person who, not being authorised by law to be on board the ship, is on board without the consent of the master or of any person authorised to give it.

Disciplinary offences on board certain ships

2.-(1) It is a disciplinary offence on board a ship described in paragraph (3) of this regulation for a season to whom these Regulations apply-

(a) to smoke; or

(b) to use a naked light or mechanical lighter; or

(c) to use an electric torch which is not of a type approved by the master;

in any part of the ship in which smoking or the use of such a light, mechanical lighter or torch is prohibited by the master or the employer.

(2) It is a disciplinary offence on board a ship described in paragraph (3) of this regulation for a seaman to whom these Regulations apply, without the consent of the master or of any other person authorised to give it, to bring on board the ship or to have in his possession on board any matches or a mechanical lighter.

(3) The description of ship referred to in paragraphs (1) and (2) of this regulation is any ship in which-

(i) by reason of the cargo or stores which are or have been carried in the ship, there is a special risk of fire or explosion; and

(ii) the master or the employer has given notice to seamen in the ship (whether by means of notices displayed in the ship or otherwise) that the acts mentioned in sub-paragraphs (a), (b) and (c) of paragraph (1) of this regulation are prohibited, either in all or specified parts of the ship.

(4) In this regulation -

“mechanical lighter” includes any mechanical, chemical or electrical contrivance designed or adapted for or capable of causing fire or explosion.

Procedure relating to disciplinary offences

3.-(1) Subject to paragraph (2) of this regulation, a disciplinary offence may be dealt with only by the Master of the ship on board which the offence is alleged to have occurred.

(2) The powers of the master in relation to a disciplinary offence may be exercised and his duties may be performed by any officer authorised for the purpose by the master, and the name of any officer so authorised shall be entered by the master in the official log book.

(4) A disciplinary offence shall be dealt with within 24 hours of the time it comes to the notice of the master, unless it is not practicable to deal with it within that time, in which case it shall be dealt with as soon as practicable thereafter.

(5) In dealing with a disciplinary offence, the following procedure shall be followed-

(a) A seaman charged with a disciplinary offence shall, if he so requests, be permitted at the hearing before the master to be accompanied by a friend for the purpose of advising him and the friend may speak on behalf of the seaman;

(b) The charge shall be entered by the master in the official log book and shall be read to the seaman by the master, who shall record therein that it has been so read;

(c) The seaman shall then be asked whether or not he admits the charge. If he does admit it, the admission shall be recorded by the master in the official log book. In all other cases an entry to the effect that the seaman does not admit the charge shall be recorded therein;

(d) The evidence of any witness called by the master shall be heard in the presence of the seaman, who shall be afforded reasonable opportunity to question the witness on his evidence;

(e) The seaman shall be given an opportunity to make a statement in answer to the charge, including any comments on the evidence produced against his. Particulars of the statement for a record that the seaman declined to make one, if such should be the case) shall be entered by the master in the official log book or contained in a separate document annexed to, and referred to in an entry made by the master in the official log book;

(f) The seaman shall be permitted to call witnesses to give evidence on his behalf, and any such witness may be questioned by the master on his evidence;

(g) The master shall, after consideration of all the evidence given before him, give his decision in the presence of the seaman as to whether he finds the seaman has committed the offence charged and-

(iii) if he finds that the seaman has committed the offence, he shall, after having regard to any mitigating circumstances brought to his notice, give his decision;

and the master shall record his decisions in the official log book and in form CREW 7.

Suspended persons

6. (a) where a seaman has been found to have committed a disciplinary offence he shall be warned that a similar finding of any subsequent offences may result in the seaman being declared a suspended person.

(b) where within a period of two years a seaman is found to have committed two or more disciplinary offences the Registrar of Seaman may declare the seaman to be a suspended person for such period as the Registrar thinks fit.

SHORT SUMMARY OF PROVISIONS OF THE EMPLOYMENT ACT 1965

(a) Section 64(2) “No young person shall be employed or permitted to be employed for more than five hours without a period of leisure of not less than thirty minutes or for more than eight hours in a day”;

(b) Section 69(1) “No child or young person shall be employed or work as a trimmer or stoker on any ship: provided that a young person may with the approval of the Permanent Secretary be employed on such work on a ship approved by the Permanent Secretary for Education as a school or on a training ship if such work is supervised by such authority as may be a approved by the Permanent Secretary for Labour”;

(c) Section (2) “Young person” means a person over the age of fifteen but under the age of eighteen years.

The Agreement with the crew must contain a list of all members of the crew under 18 years of age with the dates of their birth.

This summary must be included in every agreement with the crew.

List of Young Persons under 10 years of age employed on board during the voyage.

6 Name of Ship.............................................................................................

10 Name of Ship..........................................................................................................................

CERTIFICATES

Dr Endorsement made by the Consular Officers, Superintendents, Shipping Officers or Proper Officers
___________________________________________________________________________

11 Name of Ship..........................................................................................................................

CERTIFICATES

Dr Endorsement made by Consular Officers, Superintendents, Shipping Officers or Proper Officers
___________________________________________________________________________

12 Name of Ship..........................................................................................................................

CERTIFICATES

Dr Endorsement made by Consular Officers, Superintendents, Shipping Officers or Proper Officers
___________________________________________________________________________

13 Name of Ship..........................................................................................................................

CERTIFICATES

Dr Endorsement made by Consular Officers, Superintendents, Shipping Officers or Proper Officers
___________________________________________________________________________

NOTE: - (1) If further space is required for the Certificate or Endorsements, a continuation sheet or sheets should be used.

(2) The shipping officer is to approve the agreement in connection with Section 109 of the Marine Act 1986.

INSTRUCTIONS OF MASTERS

Agreements

1. The Marine Act requires the Master of every Ship, except Ships of less than two hundred gross tonnage exclusively employed in the coasting trade of the Fiji, to enter into an Agreement with every Seaman whom he carries to sea as one of his crew. The term “Seaman” includes every person except Masters & Pilots, employed or engaged in any capacity on board any ship.

Penalty: A fine not exceeding $2000.

2. In order to enable the Crew to know the contents of the Agreement, the Master, at the commencement of the voyage, is bound under a Penalty, to have a legible copy (omitting the signatures) posted up in some part of the ship which is accessible to the Crew.

3. Every erasure, interlineation or alteration in the Agreement (except additions in shipping substitutes or persons engaged after the first departure of the ship) is in operative unless proved to have been made with the consent of all persons interested, by the written attestation of a Shipping Officer, Justice, Officer of Customs, or other public functionary, or elsewhere, of a Consular Officer.

4. Fraudulently altering, or making any false entry in, or delivering a false copy of any Agreement, or being a party to such act, may be punished by the infliction of a Penalty, not exceeding $2,000, or by imprisonment for a period not exceeding twelve months.

Young Persons and Children.

5. The Agreement with the Crew must include a list of all young persons under the age of 18 years who are members of the Crew together with particulars of the dates of their birth (see page 7). The employment of children under the age of 10 years is prohibited.

6. Whenever the Master is desirous of making use of a Mercantile Marine Office for the purpose of selecting his Crew, he must inform the Shipping officer so that notice may be published for the information of those men who are seeking employment.

7. In all cases the Shipping officer should have at least six hours’ notice of the time at which the Master and Crew are to attend to sign the Agreement. Before the engagement of the Crew is proceeded with the Master must-

(a) Produce the Certificate for himself, his Mates, and his Engineers; and

(b) Produce the safety equipment certificate and load line certificate and insert in the Agreement the particulars as to the positions of the deck line and load lines specified on the certificate.

8. The engagement of a seaman subsequent to the initial opening of articles is to be made before a Shipping officer, if practicable, but if not, the Master as soon as possible is to have the Agreement read over the explained to the seaman in the presence of a witness, who is to attest their signatures.

Consent for Seaman to be left behind outside Fiji.

9. A seaman belonging to a Fiji vessel shall not be left behind at a place outside Fiji without the written consent of the Proper Officer at that place. Where the Proper Officer gives his consent he shall endorse his consent on this Agreement or its certified copy and also in the Official Log Book of the vessel.

10. Carrying any Seaman to sea without entering into an Agreement subjects the Master to a Penalty of $2,000.

11. The Master of a foreign-going Ship incurs a Penalty if he does not report to the Shipping Office any changes in his Crew within 48 hours of having done so.

12. The Agreement cannot be terminated away from a proper return port without the consent of a Shipping officer or Proper Officer.

13. Upon paying off or discharging any Seaman, the Master is bound under a Penalty to give the Seaman a Certificate of Discharge; and is also bound under a Penalty to return to any certificated Mate or Engineer upon his discharge his Certificate of Competency Service, his Seamen's Employment Record Book duly completed, his Certificate of Competency, where applicable and a Watchkeeping Certificate where applicable.

14. A statement of the conduct, character and qualifications of each Member of the Crew signed by the Master, should be given to any Seamen who request it.

15. Upon payment of wages and settlements of disputes (if any) being effected the Officer before whom the men are discharged will require the Crew to sign in his presence a release from all claims in respect of the voyage just finished, subject to the right of any member of the Crew to except from the release signed by him any specified claim or demand in accordance with the provisions of Section of the Marine Act, 1986.

__________

FORM CREW 2

Act S. 143 (d)
Reg: 7(1)

NOTICE OF INTENTION TO ENTER INTO AN AGREEMENT

1. To – The (Proper Officer)
(Shipping Officer) at: ..............................................................................................

2. Name of Vessel: ......................................................................................................................

3. Place and date on which Agreement to be made, and number of Agreement if any: ...........
.................................................................................................................

4. Name of Seaman to be employed: ............................................................................................

5. Capacity in which seaman to be employed: ............................................................................

...........................................

Signature of owner or representative

Date: .....................................

_________

FORM CREW 3

Act S. 143(i)
Reg: 12

NOTICE OF INTENTION TO TERMINATE AN AGREEMENT

1. To the (Proper Officer)

(Shipping Officer) at: ....................................................................................................

2. Name of vessel: .................................................................................................................

3. Place and date on which Agreement made, and number of the Agreement: ......................
.................................................................................................................

4. Name of seaman and number on the Agreement: ....................................................................
.................................................................................................................

5. Capacity in which seaman employed: ......................................................................................

6. Place and date of proposed termination: ..................................................................................

7. Details of a dispute (if any) which exists regarding wages: .....................................................
.................................................................................................................
.................................................................................................................

.............................................
Signature of owner or representative

________

FORM CREW 4

CHANGES TO LIST OF CREW AGREEMENT

Act S.143 (e)
Reg: 13(3)

Name of Ship__________________ Agreement No.:_______________ Master’s Name_____

__________

FORM CREW 5

Act S. 142 (q)
Reg. 19(1)

ACCOUNT OF WAGES

1. Particulars of crewman

(1) Name

(2) Number

(3) Capacity in which employed

(4) Registered number of Agreement

(5) Vessel in which employed

2. Statement of earnings

(1) Wages – date commenced

date ceased

weeks at $.........per week.................................$

days at $............per week.................................$

(2) Other earnings................................................................$____________

Total earnings $

3. Statement of deductions.

(1) Allotments......................................................$

(2) Taxation (I.T. No.:...............).............................$

(3) Fiji National Provident Fund................................$

(FNPF No.:....................)

(4) Goods and services supplied.

(5) Advances –

Date.........Port..................Amount $

$

$

$___________

Total Deduction $ $____________

4. Summary..............................Amount now due and payable $_____________

Dated __________________19_____ ___________________________

Signature of owner or representative

_________

FORM CREW 6

Act S. 143 (r)
Reg. 20(1)

ALLOTMENT NOTE

1. Particulars of seaman

(1) Name

(2) Number

(3) Address

(4) Registered No. of Agreement

2. Particulars of allotment

To: (1) Name

(2) Address

(3) Account Number, if any

3. Particulars of allotment

Amount

Date of first payment

Interval between subsequent payments

I authorise and direct allotment from my wages as set out in the above summary.

Date _____________________________ 19____

__________________
(Signature of seaman)

_________

FORM CREW 7

Act S. 143(z)
Reg. 36(4)

RECORD OF HEARING OF A DISCIPLINARY OFFENCE

1. Particulars of disciplinary offence

(1) Name of vessel

(2) Name of master

(3) Name and Number of seaman

(4) Particulars of offence

(5) Dates of which:

(a) offence came to notice of master

(b) hearing held by master

2. Record of proceedings.

(1) Was charge read over and explained to seaman? Yes/No

(2) Did seaman admit the charge? Yes/No

(3) Was every witness heard in the presence of seaman? Yes/No

(4) Was seaman permitted to make a statement in answer to -

(a) the charge Yes/No

(b) the evidence produced against him? Yes/No

(5) Was seaman permitted to call witness on his own behalf? Yes/No

(6) Was the finding of the master given in the presence of the seaman? Yes/No

3. Reasons for finding

(Brief statement of reason for finding the disciplinary offence proved. Include names of witness heard).

4. Report to shipping officer or Proper officer.

Record of hearing forwarded to ___________________at ______________on_____________

Dated___________________________, 19________

____________________
(Signature of Master)

________

Act S.143 (aj)
Reg. 38(2)

FORM CREW 8

RETURN OF A BIRTH OCCURING IN A VESSEL REGISTERED UNDER THE MARINE ACT, 1986

1. Particulars of vessel-

(1) Name

(2) Registry No.

(3) Name of Master

2. Particulars of child-

(1)Date of birth

(2) Place of birth

(3) Surname of child

(4) Given name (if any)

(5) Sex

3. Particulars of parents-

(1) Full name of-

(a) Father

(b) Mother

(2) Usual place of residence of-

(a) Father

(a)[sic] Mother

(3) Country of citizenship of-

(a) Father

(b) Mother

Dated ................................, 19____

(Signature of Master):________________________________

_________

Act S.143 (aj)
Reg. 38(3)

FORM CREW 9

RETURN OF DEATH OCCURING IN A VESSEL REGISTERED UNDER THE MARINE ACT, 1986

1. Particulars of vessel

(1) Name

(2) Registry No.

(3) Name of Master

2. Particulars of deceased

(1) Date of death or presumed death

(2) Place of death or presumed death

(3) Full name of deceased

(4) Sex of deceased

(5) Age (if known)

(6) Usual place of residence

(7) Country of citizenship

(8) Cause of death or presumed death

(9) Names and addresses of witnesses who may offer evidence to the statement in (8) above.

(10) Disposal of body and personal effects.

Dated at ........................this.....................day of..................19......

(Signature of Master):.........................

_______

Act S.143 (aj)

FORM CREW 10

RETURN OF BIRTH OR DEATH OCCURING IN A SHIP NOT REGISTERED IN FIJI

1. Particulars of vessel

(1) Name

(2) Port of Registry

(3) Official Number (if any)

(4) Name of Master

(5) On voyage from ______________________ to _________________________

2. Particulars of birth

(1) Date

(2) Place

(3) Father-

(a) Name

(b) Usual place of residence

(c) Country of citizenship

(4) Mother -

(a) Name

(b)Usual place of residence

(c) Country of citizenship

(5) Surname

(6) Given names (if any)

(7) Sex

3. Particulars of death

(1) Date of death or presumed death

(2) Place of death or presumed death

(3) Full name of deceased

(4) Sex of deceased

(5) Age (if known)

(6) Usual place of residence

(7) Cause of death or presumed death

(8) Names and addresses of witnesses who may offer evidence to the statement in (7) above.

(9) Disposal of body and personal effects.

Dated at........................this day................of............................19____________

(Signature of Master):______________________________

PATICULARS OF SEAMEN

NEXT OF KIN

Signature of Holder_________________________

Signature of Registrar_______________________

OTHER
(All entries must be certified by a Shipping Officer)

QUALIFICATIONS

PARTICULARS EMPLOYMENT OR WORK-

OF COURSES OR IN SCHOOLS SHOPS

CERTIFICATE OF DISCHARGE

_________

FORM CREW 12

Act. S. 135
Reg. 41

OFFICIAL LOG BOOK

(For a vessel that is 10 meters or more in length)

________________on____________________ Date_____________________________

Office stamp

Note: - The requirements for delivery of an official log book to the appropriate shipping officer or proper officer are set out in Marine (Masters and Seaman) Regulations.

RECORD OF SEAMAN EMPLOYED IN SHIP

_________

FORM CREW 11

SURNAME

Act Sec. 133 & 143(ad)
Reg. 40 (j)
Form: CREW 11

RETURN AND ENTRIES OF BIRTHS AND DEATH IN THE OFFICIAL LOG BOOK

The duties of a master of a ship to make returns of births and deaths on board ship and returns of the death of any person employed in the ship who dies outside Fiji Islands are set out in the Fiji Marine Act (Masters and Seaman) Regulations.

These regulations provide for a return to be made at the first opportunity of any-

(a) birth of a child in the ship; or

(b) death in the ship, including any death in the ship’s boat or liferaft; or

(c) a person being lost from the ship, a ship’s boat or liferaft; or

(d) of a death wherever occurring outside the Fiji Islands of any person employed in the ship.

This return should be made on form CREW 8, 9 or 10 as applicable. When making a return of the death of a seaman on form CREW 9 the master should also, if required at that time, give an account of-

(a) any moneys due to the deceased seaman,

(b) any deductions from his wages and

(c) any property left on board on the relevant forms obtained from a shipping officer or proper officer.

BIRTHS (see Note above)

* If the child is illegitimate, particulars relating to the father must not be given unless it is at the joint request, given in writing, of the mother and the person acknowledging himself to be the father. The written request must be attached to the return form CREW 8.

DEATH (see Note above)

RETURN AND ENTRIES OF BIRTHS AND DEATHS IN THE OFFCIAL LOG BOOK

In addition to completing form CREW 9 or 10, the master is required to record substantially the same information in the official log book in order to comply with the Fiji Marine Act (Masters and Seamen) Regulations. He should also therefore, as soon as practicable, after the occurrence, make the necessary entries below. The master is also required to enter in the narrative section of the log the circumstances of the death and if death occurred as a result of any person being lost from a ship, or the ship’s boat or liferaft, the efforts which were made to rescue the deceased person as well as other particulars required by the regulations referred to above, including a statement that the deceased next-of-kin (giving name and address) has been notified.

When completing form CREW 9 or 10 or making entries in the log book as to “cause of death”, terms such as “suicide” or “missing” should be avoided and more specific terms such as “gunshot wound in head” or “missing at sea believed killed or drowned”, used instead. If the master is in any doubt about the completion of the forms required to be submitted by him or about any entries in the official log book he should get in touch with the appropriate shipping officer or proper officer.

BIRTHS (see Note above)

Signature of master.....................

___________________________________________________________________________

DEATHS (see Note above)

RECORD OF MUSTERS, SURVIVAL CRAFT DRILLS AND FIRE DRILLS AND INSPECTIONS OF LIFE-SAVING APPLIANCES, WATERTIGHT-DOORS AND FIRE APPLIANCES AS REQUIRED BY THE FIJI MARINE ACT

NOTE: - The requirements for holding musters, including survival craft drills and fire drills and inspections in various classes of ships are a requirement of the Fiji Marine Act, (Masters and Seamen) Regulations and are also detailed in section 15 of the Fiji Marine Code. If a muster etc., is not held as required a statement of the reasons must be recorded.

RECORD OF INSPECTION OF CREW ACCOMODATION CARRIED OUT UNDER FIJI MARINE ACT (MASTERS AND SEAMEN) REGULATIONS

RECORD OF INSPECTIONS CARRIED OUT IN ACCORDANCE WITH FIJI MARINE ACT OF SUPPLIES OF FOOD AND WATER PROVIDED FOR THE CREW

LOAD LINE, DEPTH OF LOADING, ETC

Positions of the Deck Line and Load Lines

Allowance for fresh water for all the above freeboards: ____________________________mm

The upper edge of the deck line from which these freeholds are measured is _______________
__________________________________________mm

(Above particulars to be taken from Load Line Certificate)

Maximum draught of water in summer _________________________________________mm

(The maximum draught of water in summer is the draught of water which would be shown on the scale of draught marks on the stem or stern post of the ship if she were so loaded that the upper edge of the summer load line were on the surface of the water and the ship were upright on an even keel.)

______

NOTES

1. The above particulars, and particulars of depth of loading as detailed on the following pages, are to be recorded before the ship leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea.

2. The actual freeboard amidships on each side of the ship is to be measured from the upper edge of the deck line to the surface of the water, when the ship is loaded and ready to leave. The actual “mean” freeboard is the mean of the actual freeboards, port and starboard, measured as indicted above.

3. For any conversion from Imperial to metric units, or vice-versa, an equivalent of 25.4 millimetres to one inch is to be used.

4. If the ship is a Load Line Convention ship, a copy of the Load Line Certificate is to be posted up in some conspicuous place on board the ship before she leaves any dock, wharf, harbour, or other place for the purpose of proceeding to sea, and the Notice is to be kept so posted up and legible until the ship arrives at some other dock, wharf, harbour or place. The date and time of posting the Notice is to be entered in column 15. In respect of a ship which is not a Load Line Convention ship, the freeboard shall be stated on the Survey Certificate, which shall be posted in some conspicuous place on board the ship in a similar manner.

5. In the case of a ship which is not a Load Line Convention ship, columns 9-15 need not be filled in.

6. No entries are required in columns 8 - 14 when the actual mean freeboard (Column 7) is not less than the appropriate salt water freeboard shown on the load line certificate.

7. If, in determining density of water, use is made of a hydrometer on which the reading at the top of the scale is 1,000 or 00 meaning “full fresh water”, the hydrometer reading gives the density to be entered, e.g., a reading of 15 on such hydrometers means a density of 1,015. If the hydrometer used the scale reversed, i.e., if the reading 00 is at the bottom of the scale and means “full salt water”, the density must be obtained by substracting the hydrometer reading from 1,025, e.g. if the reading is at 15, the density to be entered will be 1,010.

8. The periods during which the other seasonal load lines apply in different parts of the world are as indicated in the F.M. Act (Load Line) and shown on the chart annexed to those rules.

9. Penalty: Failure to enter the required particulars of load line, depth of loading etc., in the Official Log Book at the proper time renders the Master or Owner liable to a fine not exceeding $1,000 for each offence.

__________

DATES OF DEPARTURE FROM AND ARRIVAL AT EACH DOCK, WHARF, HARBOUR OR OTHER PLACE WITH THE DRAUGHT OF WATER AND FREEBOARD UPON EVERY OCCASION OF THE SHIP PROCEEDING TO SEA

___________________________________________________________________________

DEPARTURES

Official Log of the

Note: - The entries regarding watertight doors, etc., as required under the schedule 2 to the Marine (Masters and Seamen) Regulations, are to be made on pages 8 to 12.

Note: - Entries about disciplinary offences. The master’s attention is called to the requirements of Part IV of the Marine (Masters and Seamen) Regulations, made under F.M. Act.

_________

SCHEDULE 2

ENTRIES IN OFFICIAL LOG BOOK

Act. S.135, S.143 (af) (ag)
Reg. 41

PART A. VESSEL ON A VOYAGE OTHER THAN A FIJI WATERS VOYAGE

PART B. VESSEL ON A FIJI WATERS VOYAGE

Dated this 26th day of July 1990.

AV. TORA
Minister for infrastructure and Public Utilities

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