(1) | The Authority may give a direction to— |
(a) | the ship operator for a foreign 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 control direction. |
(3) | However, the Authority must not give a control direction unless the direction is— |
(a) | necessary for ensuring compliance with Division 1 of this Part; or |
(b) | a measure of a kind that can be imposed, under regulation XI-2/9 of the Safety Convention, by a port state on a foreign flagged ship. |
(4) | The action that a ship operator or master may be directed to take under subregulation (1) includes the following: |
(a) | removing the ship from South African 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 actions, 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. |
(5) | If a ship operator or master is directed to take the action mentioned in subregulation (4)(d), the ship concerned is taken to be detained in terms of the Act. |
(6) | A control direction has no effect until the Authority commits the direction to writing. |