[Section 10 heading substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 9(a) of Notice No. 1533, G47803, dated 29 December 2022]
(1) Any person who intentionally—
| (a) |
seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; |
| (b) |
performs any act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; |
| (c) |
destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship; |
| (d) |
places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or causes damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; |
| (e) |
destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if such acts are likely to endanger the safe navigation of a ship; |
| (f) |
communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safe navigation of a ship; or |
| (g) |
injures or kills a person, in connection with the commission of any of the acts set forth in paragraphs (a) to (f), |
is guilty of an offence relating to hijacking a ship or endangering the safety of maritime navigation.
(2) For purposes of this section—
| (b) |
‘source material’ means source material as defined in section 1 of the Nuclear Energy Act; and |
| (c) |
‘special nuclear material’ means special nuclear material as defined in section 1 of the Nuclear Energy Act. |
| (3) |
Any person who unlawfully and intentionally performs any of the following acts commits an offence: |
| (a) |
Intimidating a population, or compelling a government or an international organisation, to do or to abstain from doing any act by— |
| (i) |
using against or on a ship, or discharges from a ship any explosive, radioactive material or weapon of mass destruction as defined in the Non-Proliferation of Weapons of Mass Destruction Act, or a hazardous substance referred to in section 2 of the Hazardous Substances Act, in a manner that causes or is likely to cause death or serious injury or damage; |
| (ii) |
discharging from a ship, oil, liquefied natural gas, or poisonous or noxious substance, in such quantity or concentration that causes or is likely to cause death or serious injury or damage; |
| (iii) |
using a ship in a manner that causes death or serious injury or damage; |
| (iv) |
threatening to commit an offence as contemplated in subparagraph (i) or (ii); or |
| (v) |
using any other means to interfere with the safe navigation of a ship, including interference with the navigation or information system thereof; or |
| (b) |
transporting on board a ship— |
| (i) |
any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat to cause death or serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organisation to do or to abstain or refrain from doing any act; |
| (ii) |
any weapon of mass destruction, as defined in section 1 of the Non-Proliferation ofWeapons of Mass Destruction Act, knowing it to be such a weapon; |
| (iii) |
any source material, special nuclear material, equipment, or material especially designed or prepared for the processing, use or production of special nuclear material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to an International Atomic Energy Agency comprehensive safeguards agreement; or |
| (iv) |
any equipment, materials, software or related technology that significantly contributes to the design, manufacture or delivery of a weapon of mass destruction, as defined in section 1 of the Non-Proliferation of Weapons of Mass Destruction Act, with the intention that it will be used for such purpose. |
| (4) |
For the purposes of this section— |
| (a) |
it is not an offence to transport an item, material, software or related technology referred to in subsection (3)(b)(ii) or (iv), if such item, material, software or related technology is transported subject to control in accordance with section 13 of the Non-Proliferation of Weapons of Mass Destruction Act; and |
| (b) |
it is not an offence to transport an item or material referred to in subsection (3)(b)(iii) or, insofar as it relates to a nuclear weapon or other nuclear explosive device, if such item or material is transported to or from the territory of, or is otherwise transported under the control of, a State Party to the Treaty on the Non- Proliferation of Nuclear Weapons where— |
| (i) |
the resulting transfer or receipt, including internal to a State, of the item or material is not contrary to the Republic’s obligations under the Treaty on the Non-Proliferation of Nuclear Weapons; and |
| (ii) |
if the item or material is intended for the delivery system of a nuclear weapon or other nuclear explosive device of a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons and the holding of such weapon or device is not contrary to the Republic’s obligations under that Treaty. |
| (5) |
Any person who unlawfully and intentionally transports another person on board a ship knowing that the person has committed an act that constitutes an offence in terms of this section and intending to assist that person to evade criminal prosecution, is guilty of an offence. |
[Section 10 substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 9(b) of Notice No. 1533, G47803, dated 29 December 2022]
Protection of Personal Information Act, 2013
