Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Maritime Security) Regulations, 2004Part 7 : Information Gathering105. Offence (false or misleading information) |
| (1) | A person commits an offence if— |
| (a) | the person— |
| (i) | gives security compliance information that, to the person's knowledge— |
| (aa) | is false or misleading in a material particular; or |
| (bb) | omits any matter or thing without which the information is misleading in a material particular; or |
| (ii) | recklessly gives security compliance information that— |
| (aa) | is false or misleading in a material particular; or |
| (bb) | omits any matter or thing without which the information is misleading in a material particular; and |
| (b) | any of the following subparagraphs applies: |
| (i) | the information is given to an organ of state; |
| (ii) | the information is given to a person who is exercising powers or performing functions wider, or in connection with, a law of the Republic; |
| (iii) | the information is given in compliance or purported compliance with a law of the Republic. |
| (2) | In the application of subregulation (1) to a body corporate, but without affecting the liability of any person other than the body corporate— |
| (a) | security compliance information given by a person acting on behalf of the body corporate is taken to have been given by the body corporate; and |
| (b) | the knowledge or state of mind, as the case requires, of any person employed by or concerned in the management of the body corporate is taken to be knowledge or the state of mind of the body corporate. |
| (3) | An offence in terms of subregulation (1) is punishable upon conviction by a fine or by imprisonment for a period not exceeding 12 months. |