Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IX : Offences, Penal Provisions and Legal Procedure324. Authority may impose penalty upon admission of guilt |
| (1) | If any person— |
| (a) | admits to the Authority that he has contravened any provision of this Act, or that he has failed to comply with any such provision with which it was his duty to comply; and |
| (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 324(1) substituted by section 2(2) of Act No. 5 of 1998]
| (2) | There shall be a right of appeal to the Minister from a determination or order by the Authority under subsection (1) 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 324(2) substituted by section 2(2) of Act No. 5 of 1998]
| (3) | The imposition of a penalty under subsection (1) shall not be deemed to be a conviction of a criminal offence, but no prosecution for the relative offence shall thereafter be competent. |
| (4) | Nothing in this section shall in any way affect liability to forfeiture of ships, shares therein or goods. |