| (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. |
Older Persons Act, 2006
