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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 8 : Enforcement Orders

Division 1 - Enforcement orders for maritime industry participants

106. Director-General may make enforcement orders

 

(1) The Director-General may make a written order (an enforcement order) under this regulation—
(a) prohibiting or restricting specified activities by the maritime industry participant named in the enforcement order; or
(b) requiring the maritime industry participant named in the enforcement order to take specified action.

 

(2) The Director-General may only make an enforcement order under this regulation if he or she reasonably believes that—
(a) the maritime industry participant named in the enforcement order has contravened these regulations; and
(b) it is necessary to make the order to safeguard against unlawful interference with maritime transport.

 

(3) The enforcement order must—
(a) bear a clear and direct relationship to the contravention; and
(b) be proportionate to the contravention.