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Marine Traffic Act, 1981 (Act No. 2 of 1981)

11. Penalties

 

(1) Any person shall be liable on conviction of—
(a) any offence in terms of section 3(2), to a fine or to imprisonment for a period not exceeding twelve months;
(b) any offence in terms of section 4(2) or 5(4), to a fine or to imprisonment for a period not exceeding two years;
(c) any offence in terms of section 6(2) or 7(3), to a fine or to imprisonment for a period not exceeding three months;
(d) any offence in terms of section 8B(1), to a fine not exceeding R200 000, or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

 

(2)        If any person—

(a) admits to the Authority that he has contravened or failed to comply with any provision of this Act, which contravention or failure constitutes an offence;
(b) agrees to abide by the decision of the Authority; and
(c) deposits with the Authority such sum as may be required of him, but not exceeding the maximum fine which may be imposed upon a conviction for the contravention or failure in question,

the Authority may, after such enquiry as it deems necessary, determine the matter summarily and may, without legal proceedings, order by way of penalty the whole or any part of the said deposit to be forfeited.

[Section 11(2) substituted by section 2 (Schedule item 52) of Act No. 5 of 1998]

 

(3) There shall be a right of appeal to the Minister from a determination or order by the Authority under subsection (2) whereby a penalty exceeding R2 000 is imposed, provided such right is exercised within a period of three months from the date of such determination or order.

[Section 11(3) substituted by section 2 (Schedule item 52) of Act No. 5 of 1998]

 

(4) The imposition of a fine under subsection (2) shall be deemed not to be a conviction for an offence, but no prosecution in respect of the offence in question may thereafter be instituted.

 

[Section 11 substituted by section 23 of Act No. 23 of 1997]