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Shipping (Certification of Able Seamen) Act

LAWS OF TUVALU
2008 REVISED EDITION

CAP. 48.36

SHIPPING (CERTIFICATION OF ABLE SEAMEN) ACT

AN ACT TO REGULATE THE CERTIFICATION OF ABLE SEAMEN^[1]

Commencement [14th March 1970]

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1 Short Title

This Act may be cited as the Shipping (Certification of Able Seamen) Act.

2 Interpretation

In this Act, unless the context otherwise requires —

"master" includes every person (except a pilot) having command or charge of a ship;

"seaman" includes every person (except masters, pilots and apprentices duly contracted or indentured and registered) employed and engaged in any capacity on board any ship;

"Tuvalu ship" means a ship registered under the Merchant Shipping Act.^[2]

3 Certification of seamen

(1) No seaman engaged on any Tuvalu ship shall be rated Able Seaman unless he is the holder for the time being of a certificate of competency as Able Seaman.

(2) The Minister may make regulations for the grant of certificates of competency as Able Seaman and such regulations shall in particular direct that no certificate shall be granted to any person unless —

(a) he has reached the minimum age prescribed, which shall not be less than 18 years; and

(b) he has performed at least 3 years' qualifying service at sea or has successfully passed through a course of training on a training school approved by the Minister when he may be permitted to reckon time spent in such training as qualifying services; and

(c) he has passed such examinations as may be prescribed: Provided that the regulations may authorise the grant of a certificate thereunder to any person, notwithstanding that he has not complied with paragraph (c), if he can show that he was serving as Able Seaman or equivalent or superior seaman rating before or on 14th March 1970.

(3) Any owner or master of a Tuvalu ship who contravenes subsection (1) shall be liable to a fine of $100.

ENDNOTES

¹ 1990 Revised Edition Cap 90 - Acts 2 of 1970 and 13 of 1972

^[2] Cap. 48.28