| (1) |
The Authority may give a direction to— |
| (a) |
the ship operator for a South African regulated ship; or |
| (b) |
the master of the ship, |
requiring the ship operator or master to take specified action, or refrain from taking specified action, in relation to the ship.
| (2) |
A direction under subregulation (1) is a ship enforcement order. |
| (3) |
The Authority may only give a ship enforcement order if it reasonably believes that— |
| (a) |
the South African regulated ship named in the ship enforcement order has operated in contravention of these regulations; and |
| (b) |
the ship enforcement order is necessary to safeguard against unlawful interference with maritime transport. |
| (4) |
The ship enforcement order must— |
| (a) |
bear a clear and direct relationship to the contravention; and |
| (b) |
be proportionate to the contravention. |
| (5) |
The action that a ship operator or master maybe directed to take under subregulation (1) includes the following: |
| (a) |
removing the ship from specified waters; |
| (b) |
removing the ship from a security regulated port; |
| (c) |
moving the ship within a security regulated port; |
| (d) |
holding the ship in a particular position for a specified period or until a specified event occurs; |
| (e) |
taking particular action, or ensuring that particular actions are taken, on board the ship; |
| (f) |
allowing an authorised officer on board the ship to inspect the ship or ship security records carried by the ship. |
| (6) |
If a ship operator or master is directed to take the action mentioned in subregulation (5)(d), the ship concerned is taken to be detained in terms of the Act. |
| (7) |
A ship enforcement order has no effect unless the Authority commits the direction to writing. |
Postal Services Act, 1998
