Protection of Businesses Act, 1978
R 385
Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Safety Management) Regulations, 200318. Suspension or cancellation of Documents of Compliance and Safety Management Certificates |
| (1) |
| (a) | The Authority may, by notice in writing, suspend or cancel any Document of Compliance or Safety Management Certificate issued by it or at its request under these regulations where any audit of a company or ship has revealed a failure to comply with regulation 5 or where it believes on reasonable grounds that— |
| (i) | the certificate was issued on false or erroneous information; or |
| (ii) | since any audit required by these regulations, the management structure of either the company or the ship has changed substantively. |
| (b) | A notice must set out the grounds for suspending or cancelling the certificate. |
| (c) | A notice must not be given unless the holder has been given the opportunity to make representations, except where the Authority considers that urgent safety or pollution prevention considerations require the notice to be given immediately. |
| (2) | The Authority may require that any Document of Compliance or Safety Management Certificate issued by it or at its request under these regulations, that has expired or has been suspended or cancelled, be surrendered as directed. |
| (3) | No person may— |
| (a) | intentionally alter a Document of Compliance or Safety Management Certificate; |
| (b) | in connection with any audit conducted pursuant to these regulations, knowingly or recklessly furnish false information; |
| (c) | with intent to deceive, use, lend or allow to be used by another, a Document of Compliance or Safety Management Certificate; |
| (d) | fail to surrender a Document of Compliance or Safety Management Certificate required to be surrendered under subregulation (2); or |
| (e) | forge any Document of Compliance or Safety Management Certificate. |
