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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 8 : Enforcement Orders

Division 1 - Enforcement orders for maritime industry participants

106. Director-General may make enforcement orders

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(1)The Director-General may make a written order (an enforcement order) under this regulation—
(a)prohibiting or restricting specified activities by the maritime industry participant named in the enforcement order; or
(b)requiring the maritime industry participant named in the enforcement order to take specified action.

 

(2)The Director-General may only make an enforcement order under this regulation if he or she reasonably believes that—
(a)the maritime industry participant named in the enforcement order has contravened these regulations; and
(b)it is necessary to make the order to safeguard against unlawful interference with maritime transport.

 

(3)The enforcement order must—
(a)bear a clear and direct relationship to the contravention; and
(b)be proportionate to the contravention.