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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 2 : Maritime Security Levels and Security Directions

Division 3 - Security directions

32. Persons to whom security directions may be given
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(1)The Director-General may give a security direction to one or more of the following:
(a)a maritime industry participant or an employee of a maritime industry participant;
(b)passengers;
(c)persons, other than persons mentioned in paragraphs (a) and (b), who are within the boundaries of a security regulated port.

 

(2)For the purposes of giving a security direction to persons mentioned in subregulation (1)(b) or (c), the Director-General is taken to have given a direction to the persons if the direction is clearly displayed at a place where the direction is to be complied with by those persons.

 

(3)The Director -General may, in a security direction given to the port operator for a security regulated port, require the port operator to communicate all or a part of the direction to specified maritime industry participants who operate within the port.

 

(4)If the Director-General gives a port operator a direction under subregulation (1) that requires the port operator to communicate all or a part of the direction to specified maritime industry participants who operate within the port, the port operator must, as soon as practicable, communicate the direction, or the part of the direction, to the specified maritime industry participants.

 

(5)If a port operator fails to comply with subregulation (4), the port operator commits an offence punishable upon conviction by a fine or by imprisonment for a period not exceeding 12 months.

 

(6)Subregulation (5) does not apply if the port operator has a reasonable excuse.

 

(7)If a direction is given to a maritime industry participant by a port operator as mentioned in subregulation (3), the direction is taken to have been given to the participant by the Director-General.