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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 6 : Powers of Officials

99. Authorised officers' powers (ships)

 

(1) An authorised officer may exercise the powers set out in subregulation (2) for the following purposes:
(a) determining whether a person or a ship is complying with these regulations;
(b) investigating a possible contravention of these regulations.

 

(2) For the purposes set out in subregulation (1), an authorised officer may do one or more of the following:
(a) board and inspect a security regulated ship (including any restricted access area on the ship);
(b) inspect and photograph equipment on the ship;
(c) observe and record operating procedures for the ship (whether carried out by the crew or some other person);
(d) discuss those procedures with a person carrying them out or with another maritime industry participant;
(e) inspect, photograph or copy one or more of the following:
(i) the ship's ISSC;
(ii) a ship security record for the ship;
(iii) a document or record held on the ship that relates to a crew member, a passenger, or anyone else on board the ship, or an item of cargo;
(iv) in the case of a South African regulated ship, any other document that relates to the security of the ship;
(f) operate equipment on a security regulated ship for the purpose of gaining access to a document or record relating to the ship.

 

(3) However, an authorised officer must not exercise a power under subregulation (2) in relation to a foreign regulated ship whose flag state is a Convention state, unless the power is of a kind that can be exercised, under Chapter XI-2 of the Safety Convention and the ISPS Code, by a port state in relation to a foreign flagged ship.