SUMMARY OF OFFENCES AGAINS THE SHIP REGISTRATION ACT |
|
Note: Offences by body corporate. Section 52(5) of the Act provides that where a body corporate is guilty of an offence, a director, manager, secretary or other officer of the body corporate who is in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the offence is also guilty of that offence and is punishable accordingly. This applies to all offences in terms of the Act, including those offences established by the regulations. |
| Description of offence
|
Section / Item |
Person(s) liable |
Penalty |
|
Failing to hoist the National Flag on South African Ship |
4(2) read with 52(1) & (2) |
Master |
R40 000 or 2 years |
Hoisting prohibited colours etc on South African ship |
4(3) read with 52(1) & (2) |
Anyone |
R40 000 or 2 years |
Permitting prohibited colours etc to be hoisted on a South African Ship |
4(4) read with 52(2) |
Master |
R40 000 or 2 years |
Unlawfully causing ship to appear to be a South African ship. |
5(1) read with 52(4) |
Master or owner |
R100 000 or 5 years |
Unlawfully concealing etc nationality of South African ship. |
5(3) read with 52(4) |
Master or owner |
R100 000 or 5 years |
Failing to maintain prescribed marking on registered ship |
20(2) read with 52(3) |
Master and owner |
R5 000 or 3 months for every day that marking not maintained |
Concealing etc prescribed marking on registered ship |
20(3) read with 52(1) & (2) |
Anyone |
R40 000 or 2 years |
Describing a registered ship by name other than its registered name |
21(1) read with 52(1) & (2) |
Anyone |
R40 000 or 2 years |
Unlawfully detaining ship’s registration certificate |
24(2) read wotj 52(1) & (4) |
Anyone |
R100 0000 or 5 years |
Failing to deliver on demand ship’s registration certificate |
24(2) read with 52(1) & (4) |
Anyone |
R100 000 or 5 years |
Failing to lodge ship’s provisional registration certificate with the Registrar within prescribed time after the ship’s arrival in a South African Port |
25(6) read with 52(1) & (2) |
Anyone in possession of the certificate |
R40 000 or 2 years |
Failing to lodge ship’s provisional registration certificate with the Registrar within prescribed time after the ship’s arrival in a South African port
|
26(5) read with 52(1) & (2) |
Anyone in possession of the certificate |
R40 000 or 2 years |
Failing to lodge ship’s provisional registration certificate with the Registrar within prescribed time after the ship’s arrival in a South African port |
27(5) read with 52(1) & (2) |
Anyone in possession of the certificate |
R40 000 or 2 years |
Using etc invalid registration certificate, provision registration certificate or Temporary Pass |
30 read with 52 (4) |
Anyone |
R100 000 or 5 years |
Intentionally making false entries in the Register |
38 read with 52(1) & (2) |
Anyone |
R40 000 or 5 years |
Failing to give notice of an alteration to a registered ship |
41 read with 52(3) |
Registered Agent |
R5 000 or 3 months for every day that notice is not given |
Failing to give notice that a ship is lost etc or ceasing to be entitled to be registered |
42(1) read with 53(3) |
Owner |
R5 000 or 3 months for every day that notice is not given |
Failing to deliver ship’s registration certificate or provisional registration certificate where registration is closed. |
42(10) read with 52(1) & (2) |
Anyone in possession of the certificate |
R40 000 or 2 years |
Unregistered ship entitled to be registered departing from a South African port to a place outside the Republic |
44(2) |
Master and any owner that orders or permits departure |
R60 000 or 3 years |
Unregistered ship entitled to be registered departing from a foreign port, at which there is a proper officer, without a registration certificate, provisional registration certificate or a Temporary Pass
|
45(2) |
Master, and any owner that orders or permits the departure |
R60 000 or 3 years |
Ship going to sea while detained. |
49(2) read with 52(2) |
Master, and any owner that orders or permits such action |
R40 000 or 2 years |
Taking officer to sea without his/her consent |
50(1) read with 52(2) |
Master, and any owner that orders or permits such an action. |
R40 000 or 2 years |
Failing to assist officers and to carry out lawful instructions |
50(2) read with 52(1) & (2) |
Master and Crew |
R40 000 or 2 years |
Influencing or attempting to influence an officer in the performance of duties by means of knowingly false or misleading information
|
51(1) read with 52(4) |
Anyone |
R100 000 or 5 years |
Knowingly making a false or misleading statement or presenting false or misleading information
|
51(2) read with 52(1) & (2) |
Anyone |
R100 000 or 5 years |
Where property in a ship or a share transmitted by operation of law, failing to lodge the prescribed documents with the Registrar within the time prescribed or allowed
|
[Sch] 4(1) read with 52(1) & (2) |
Anyone to whom property transmitted |
R40 000 or 2 years |
Where ship or share transferred or transmitted, failing to deliver ship’s registration certificate within the prescribed time to person to whom ship or share transferred or transmitted. |
[Sch] 8(1) read with 52(3) |
Anyone in possession of the certificate |
R5 000 or 3 months for every day that the certificate is not delivered |
Failing to deliver ship’s registration certificate to the Registrar |
[Sch] 8(2) read with 52(3) |
Anyone in possession of the certificate, to who ship or share transferred or transmitted |
R5 000 or 3 months for every day that certificate is not delivered |
Where mortgage is transferred, failing to lodge prescribed documents with the Registrar within time prescribed or allowed
|
[Sch] 12(2) read with 52(1) & (2) |
Transferee |
R40 000 or 2 years |
Where interest in mortgage is transmitted, failing to lodge prescribed documents with Registrar within time prescribed or allowed:
|
[Sch] 13(1) read with 52(1) & (2) |
Anyone to whom interest is transmitted |
R40 000 or 2 years |
Where a mortgage is discharged, failing to lodge prescribed documents with
Registrar with time prescribed or allowed
|
[Sch] 14(2) read with 52(1) & (2) |
Mortgagor |
R40 000 or 2 years |
Without reasonable excuse, failing to remove unauthorised markings on registered ship |
23(8) read with 23(9) |
Owner |
R10 000 or 6 months |
Without reasonable excuse,, failing to lodge found registration certificate or provisional registration certificate with Registrar |
26(4) & (5) read with 26 (7) |
Whoever has custody or control of the certificate, being either the owner, master or registered agent of the ship |
R20 000 or 12 months |
Without reasonable excuse, failing to lodge expired provisional certificate with Registrar within prescribed time
|
29(4) read with 27(5) |
Anyone in possession of the certificate |
R20 000 or 12 months |
Where a voyage specified in a Temporary Pass is completed or abandoned, or validity of the pass expires, failing, without reasonable excuse, to surrender pass within prescribed time
|
29(7) & (8) read with 29(9) |
Anyone in possession of the pass |
R20 000 or 12 months |
Where change occurs in registered particulars of an owner, operator, charterer or registered agent of ship, failing, without reasonable excuse, to deliver prescribed information about the change to the Registrar within the prescribed time.
|
9(1) read with 39(5) |
Registered agent |
R20 000 or 12 months |
Where a change occurs in the registered particulars of the owner operator, charterer or registered agent of a ship, failing, without reasonable excuse, to deliver the prescribed information about the change to the Registrar within the prescribed time.
|
39(2) read with 39(5) |
Mortgagee |
R20 000 or 12 months |
Without reasonable excuse, failing to lodge signed certificate of alteration of home port on a ship
|
45(4) read with 45(5) |
Registered Agent |
R20 000 or 12 months |
