Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Maritime Security) Regulations, 2004Part 4 : Ship Security Plans and ISSC's etcDivision 5 - International ship security certificates83. Offence (false or misleading statements in relation to having ISSC) |
| (1) | The master of a South African regulated ship commits an offence if— |
| (a) | he or she— |
| (i) | makes a statement (whether orally, in a document or in any other way) that, to his or her knowledge— |
| (aa) | is false or misleading in a material particular; or |
| (bb) | omits any matter or thing without which the statement is misleading in a material particular; or |
| (ii) | recklessly makes a statement (whether orally, in a document or in any other way) that— |
| (aa) | is the or misleading in a material pathcular, or |
| (bb) | omits any matter or thing without which the statement is misleading in a material particular; and |
| (b) | the statement is made in connection with whether an ISSC or interim ISSC is in force for the ship; and |
| (c) | any of the following applies: |
| (i) | the statement is made to a maritime industry participant; |
| (ii) | the statement is made to a person who is authorised by a Convention State to request information about, or in connection with, whether a valid ISSC or interim ISSC is in force for the ship; |
| (iii) | the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Republic; |
| (iv) | the statement is made in compliance with or purported compliance with a law of the Republic. |
| (2) | An offence in terms of subregulation (1) is punishable upon conviction by a fine or by imprisonment for a period not exceeding 12 months. |