(1) | The Authority may give a direction to— |
(a) | the ship operator for a South African regulated ship; or |
(b) | the master of the ship, |
requiring the ship operator or master to take specified action, or refrain from taking specified action, in relation to the ship.
(2) | A direction under subregulation (1) is a ship enforcement order. |
(3) | The Authority may only give a ship enforcement order if it reasonably believes that— |
(a) | the South African regulated ship named in the ship enforcement order has operated in contravention of these regulations; and |
(b) | the ship enforcement order is necessary to safeguard against unlawful interference with maritime transport. |
(4) | The ship enforcement order must— |
(a) | bear a clear and direct relationship to the contravention; and |
(b) | be proportionate to the contravention. |
(5) | The action that a ship operator or master maybe directed to take under subregulation (1) includes the following: |
(a) | removing the ship from specified waters; |
(b) | removing the ship from a security regulated port; |
(c) | moving the ship within a security regulated port; |
(d) | holding the ship in a particular position for a specified period or until a specified event occurs; |
(e) | taking particular action, or ensuring that particular actions are taken, on board the ship; |
(f) | allowing an authorised officer on board the ship to inspect the ship or ship security records carried by the ship. |
(6) | If a ship operator or master is directed to take the action mentioned in subregulation (5)(d), the ship concerned is taken to be detained in terms of the Act. |
(7) | A ship enforcement order has no effect unless the Authority commits the direction to writing. |