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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 4 : Ship Security Plans and ISSC's etc

Division 5 - International ship security certificates

83. Offence (false or misleading statements in relation to having ISSC)

 

(1) The master of a South African regulated ship commits an offence if—
(a) he or she—
(i) makes a statement (whether orally, in a document or in any other way) that, to his or her knowledge—
(aa) is false or misleading in a material particular; or
(bb) omits any matter or thing without which the statement is misleading in a material particular; or
(ii) recklessly makes a statement (whether orally, in a document or in any other way) that—
(aa) is the or misleading in a material pathcular, or
(bb) omits any matter or thing without which the statement is misleading in a material particular; and
(b) the statement is made in connection with whether an ISSC or interim ISSC is in force for the ship; and
(c) any of the following applies:
(i) the statement is made to a maritime industry participant;
(ii) the statement is made to a person who is authorised by a Convention State to request information about, or in connection with, whether a valid ISSC or interim ISSC is in force for the ship;
(iii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Republic;
(iv) the statement is made in compliance with or purported compliance with a law of the Republic.

 

(2) An offence in terms of subregulation (1) is punishable upon conviction by a fine or by imprisonment for a period not exceeding 12 months.