Merchant Shipping Act (Cap. 234), article 232

232. (1) No Maltese passenger ship shall proceed to sea on an international voyage unless there is in force in respect of the ship a general safety certificate, a sho rt-voyage safety certificate, a qualified safety certificate, or a qualified short-voyage safet y certificate which is applicable to the voyage on which the ship is about to proceed and to the trade she is for the time being eng aged in. (2) No passenger ship to which article 207 applies shall proceed to sea, or on any voyage o r excursion, from any port in Malta unless there is in force in respect of the ship a passeng er ship certificate applicable to the vo yage or excursion on which the ship is about to proceed or that voyage or excursion is one in respe ct of M E R C H A N T S H I P P I N G [CAP. 234. 113 which the Minister has exempted the ship from the requirements of this sub-article. (3) No Maltese ship, not being a passenger ship, shall proceed to sea unless there is in for ce in respect of the ship - (a) if the ship is one to which article 207 applies, either - (i) a cargo ship safety c onstruction certificate, or (ii) a qualified cargo ship safety construction certificate; and (b) if the ship is about to proceed on an international voyage, both - (i) a safety equipment cer tificate or a qualified safety equipment certificate, and (ii) a radio certificate or a q ualified radio certificate or an exemption certificat e stating that the ship is wholly exempt from the requirements relating to radiotelegraphy, radiotelephony and direction- finders, such certificate or certificates being applicable to the ship and to the voyage on which she is about to proceed: Provided that this sub-article shall not prohibit a ship from proceeding to sea as aforesaid i f there is in force in respect of the ship such certificate or certifi cates as would be required if s he were a passenger ship. (4) For the purposes of this arti cle a qualified certificate sha ll not be deemed to be in force in r espect of a ship about to proc eed on an international voyage unless there is also in force in res pect of the ship the corresponding exe mption certificate; and an exempt ion certificate shall be of no effect unless it is by its terms app licable to the voyage on which the sh ip is about to proceed. (5) If a ship proceeds or attempt s to proceed to sea, or on any voyage or excursion, in contravention of this article: (a) in the case of a passenger ship, the owner or master of the ship shall, without prejudice to any other remedy or penalty under this Ac t, be liable to a fine ( multa) not exceeding four hun dred units; and (b) in the case of a ship not bei ng a passenger ship, the owner or master of the ship shall be liable to a fine (multa) not exceeding on e hundred units. (6) The master of every passenger ship to which article 207 applies, and of any other Maltes e ship, shall produce to the of ficer from whom a clearance for the ship is demanded the certificate or certificates required by the foregoing provisions of this artic le to be in force when the ship proceeds to sea, or on a voyage or excur sion; and a clearance shall not be granted, and the ship may be detai ned, until the said certificate or cer tificates are so produced; and a passenger ship may be so detained whether or not a clearance fo r the ship is demanded. (7) Where an exemption certificat e issued in respect of a ship 114 CAP. 234.] MERCHANT SHIPPING specifies any conditions on which the certificate is issued and any of those conditions is not complied with, the owner or master o f the ship shall be liable to a fine ( multa ) not exceeding one hundred units. Penalty for carrying passengers in excess or on more than one deck below water line.  Amended by:  XIII. 1983.5; XXII. 2000.2.