87 Crew agreements (1) Where a person is employed as a seafarer on a ship there shall be a crew agreement between the employer, or someone acting on his behalf, and the seafarer. (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 maybe 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 crewmen 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 crewmen to waive the benefit of that implied term is void and of no effect.

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

89 Regulations for crew agreements Cabinet may make regulations to 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; (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 Seafarers; (d) the circumstances in which a crew agreement or a copy of an agreement, shall be carried in a ship; (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 notice required to be given to the Register of Seafarers before a crew agreement is entered into or terminated; (h) the procedures and practices to be followed on the termination of a crew agreement; and (i) the circumstances under which, other than by reason of termination of a crew agreement, a seafarer may be left behind from a ship.

90 Agreements as to wages Subject to this Act, a seafarer shall be paid wages in accordance with the terms of a crew agreement. 91 Account of wages An employer who refuses, or fails without reasonable cause, to deliver to a seafarer an exact account of the - (a) wages due to the seafarer under a crew agreement; and (b) deductions (if any) made from those wages, is guilty of an offense.

92 Right of seafarer to wages (a) The lien of a seafarer for his wages and for reimbursement of any expenditure or disbursements properly incurred or made by him/her on behalf of the ship, have priority over all other liens irrespective of the date of that lien or those other liens. (b) The right of a seafarer to wages does not depend on the earnings of freight.

93 Seafarer 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 seafarer under this Division is void and of no effect. 94 Regulations relating to wages Cabinet may make regulations to 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 seafarer 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 seafarer; (f) the form of allotment notes; and (g) the circumstances in which allotments may be made.

95 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 offense.

96 Regulations for crew accommodation Cabinet may make regulations to make provision for and in relation to (a) the crew accommodation requirements; (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; (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.

97 Provisions and water (1) An employer or master of a ship shall ensure that the provisions and water supplied for the use of seafarers are as prescribed. (2) Where three or more seafarers are of the opinion that the provisions or water supplied for the use of seafarers 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 Seafarers. (3) Where a complaint is made the Registrar of Seafarers shall forthwith cause the complaint to be investigated. (4) For the purposes of an investigation under this section the Registrar of Seafarers may cause the provisions or water to be examined. (5) Where, after an investigation under this section, the Registrar of Seafarers 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.

98 Medical stores 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 offense.

99 Complaints (1) Where, in the opinion of a seafarer, the seafarer has cause to complain about- (a) the master; (b) any other seafarer on a ship: or (c) the conditions on hoard a ship. he may complain to the master. (2) Where a seafarer - (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 seafarer may- (c) state his dissatisfaction to the master; and (d) may request the master to make adequate arrangements for the seafarer to complain to the Registrar of Seafarers, 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 offense.

100 Regulations for welfare Cabinet may make regulations to make provision for and in relation to - (a) the quality and quantity of the provisions and water to be supplied for the use of seafarers; (b) the manner of checking and inspecting provisions and water supplied for the use of seafarers; (c) the manner and conduct of medical examinations of seafarers and of persons seeking employment as seafarers; (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 seafarer 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 seafarer; (h) the manner in which any wages due to a distressed seafarer and any property left on board a ship by a distressed seafarer are to be dealt with; (i) the manner in which any expense incurred in bringing ashore a seafarer who has been ship-wrecked, or in maintaining him her after he has been brought ashore, may be recovered from the person who last employed him/her as a seafarer; and G) the manner in which the property of a deceased seafarer is to be - (i) held in custody; or (ii) sold, converted into cash or otherwise disposed of.

101 Misconduct endangering ship or persons on board (1) This section applies where a seafarer- (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/her 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 seafarer 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 seafarer is under the influence of alcohol or a drug, the seafarer is guilty of an offense.

102 Continued or concerted disobedience, neglect of duty Where a seafarer on a ship - (a) persistently and wilfully- (i) neglects his duty; or (ii) disobeys a lawful command; or (b) combines with other seafarers 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 offense.

103 Absence without leave Where a seafarer on a ship- (a) a seafarer 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) deliberate and without reasonable cause; and (c) a ship- (i) is thereby delayed; or (ii) goes to sea without him/her; the seafarer is guilty of an offense.

104 Persons deemed to be seafarers Notwithstanding any other provision of this Act, where- (a) a person is carried unintentionally 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 seafarer 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 seafarer on the ship.

105 Defence of drugs taken for medical purposes It is a defence to a charge for an offense against section 101 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/her 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.

106 Disciplinary offenses (1) The master of a ship who finds that a seafarer has committed a disciplinary offense must make a report of his findings in the prescribed form to the Registrar of Seafarers. (2) Where- (a) two or more reports under subsection (1) have been made within the prescribed time in respect of a seafarer; or (b) a seafarer has committed an offense under section 101, 102, or 103, the Registrar of Seafarers may declare the seafarer to be a suspended person.

107 Appeal (1) Where- (a) the Registrar of Seafarers has declared a seafarer to be a suspended person; and (b) the period of suspension exceeds 12 months, the seafarer 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.

108 List of suspended persons (1) The Registrar of Seafarers shall keep a list known as the list of suspended persons. (2) Where a seafarer 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 107; or (ii) an appeal is made under that section and the Court orders that the appeal be dismissed, the Registrar of Seafarers shall include the name of the seafarer in the list of suspended persons.

109 Regulations for disciplinary offenses Cabinet may make regulations to make provision for and in relation to - (a) misconduct on board a ship which is a disciplinary offense; (b) the procedures under which a master may find that a seafarer has committed a disciplinary offense; (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/her as a seafarer; (d) the manner in which the name of a suspended person shall be included in a list of suspended persons; and (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 Seafarers to be interested.

(1) A ship shall be manned by such number and grades of persons as Regulations may prescribe. (2) An owner or master of a ship who suffers or permits the ship to go to sea without being manned in the manner prescribed is guilty of an offense.