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

Regulations

Maritime Labour Certificate and Declaration of Compliance Regulations, 2017

Part 3 : Issuing of Documentation

10. 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.