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Merchant Shipping (Safe Containers Convention) Act, 2011 (Act No. 10 of 2011)

9. Inquiry into accident or incident

 

1) If an accident or incident involving a container results in death or injury to any person, danger to the health or safety of the public or damage to property or the environment, the Authority may direct an inquiry to be conducted into the accident or incident by any suitable person, authorised by the Authority.

 

2) The person authorised by the Authority under subsection (1) has all the powers conferred upon a court of marine enquiry by section 9(1) and (4) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), and subsections (2) and (3) of that section apply accordingly.

 

3) The person authorised to conduct an inquiry must, as soon as possible after conclusion of that inquiry, submit a report with recommendations to the Authority, together with all the evidence and other material that was before the inquiry.

 

4) The Authority must publish the report within 60 days of receipt, unless the report contains a recommendation that a publication be withheld in the public interest, in which case the Authority may withhold publication of the report in whole or in part as it deems fit.

 

5) The Authority may supply copies of a published report in the manner and on the terms that it deems proper.