Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMaritime Labour Certificate and Declaration of Compliance Regulations, 2017Part 3 : Issuing of Documentation10. Powers of audit, inspection, suspension of service and detention |
| (1) | For the purpose of ensuring compliance with these Regulations— |
| (a) | the Authority may instruct an authorised person to conduct an audit of a shipowner or inspection of any ship regarding compliance with the Regulations; and |
| (b) | the Authority may, after considering the report of an authorised person, and if satisfied that a shipowner or ship, despite holding a Declaration of Maritime Compliance or a Maritime Labour Certificate, operates a vessel in contravention of the Regulations, suspend both the certificate and declaration until such time as the Convention is complied with. |
| (2) | Where a service is to be suspended under subregulation (1)(b), the Authority must serve a notice on the shipowner or ship stating that the operation of the service specified in the notice must be suspended and giving reasons for the suspension. |
| (3) | For the purpose of ensuring compliance with these Regulations— |
| (a) | the Authority may instruct an authorised person to audit any shipowner or inspect any ship regarding compliance with the Regulations; and |
| (b) | the Authority may, after considering the report of an authorised person, and if satisfied that there is a failure to comply with the Regulations, cause the ship to be detained. |
| (4) | An authorised person performing functions in terms of this regulation who is not a surveyor has all the powers conferred upon a surveyor by section 9 of the Act. |