Merchant Shipping Amendment Act, 1974
STAATSKOERANT VAN DIE REPUBLIEK VAN SUID-AFRIKA
REPUBLIC OF SOUTH AFRICA
GOVER~NT GAZETTE As 'n Nuusblad by die Poskantoor Geregistreer Registered at the Post Office as a Newspaper
VoL. 105}
Prys 20c Price
Oorsee 30c Overseas POSVRY-POST FREE
KAAPSTAD, 13 MAART 1974
CAPE TOWN, 13 MARCH 1974 [No. 4215
DEPARTEMENT VAN DIE EERSTE MINISTER DEPARTMENT OF THE PRIME MINISTER
No. 373. 13 Maart 1974. No. 373. 13 March 1974.
Hierby word bekend gemaak dat die Staatspresident sy goedkeuring geheg bet aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-
· It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-
No. 24 van 1974: Wysigingswet op Handelskeepvaart, No. 24 of 1974: Merchant Shipping Amendment Act, 1974. 1974.
GOVERNMENT GAZElTE, 13 MARCH 1974 No. 4215 3
MERCHANT SffiPPING AMENDMENT ACT, 1974. Act No. 24, 1974
·ACT To amend the provisions of the Merclumt Shipping Act, 1951,
relating to definitions; the class of ships on which medicines are to be provided and kept; the misuse or signals or distress; the powers or a court or marine enquiry and or a maritime court to prohibit the employment of a master or a ship's officer In certain capacities; and the power of the Minister to make regulations; and to provide for Incidental matters.
(Afrikaans text signed by the State President.) (Assented to 1 March 1974.)
BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Mrica, as
follows:-
· 1. Section 2 of the Merchant Shipping Act, 1951 (hereinafter Am~dment or referred to as the principal Act), is hereby amended- ~~~ ~r~~SI,
(a) by the insertion in subsection (1) after the definition ~amen;~ by of "prescribed" of the following definition: Act ~g 0 r
0 1959
"'principal officer' means the officer in charge of the section 31 or ' . office of the Marine Division of the Department of Act 69 of 1962, Transport at a port·" and section 1 or
• . Act 40 of 1963, (b) byffi th~ .subthstitutiobn in. thefi defihnition dof "prodper ~i~~ ~r~f965
o 1cer m at su sect1on or t e wor s prece mg and section 1 or paragraph (a) and for that paragraph of the following Act 42 or 1969. words and paragraph: . . .
. '"proper officer' means the officer designated by the Secretary to be the proper officer at the place or in respect of the area and in respect of the matter to which reference is made in the provision of this Act in which the expression occurs; or if no such designation has been made-
( a) at a place in the Republic, a principal officer or, where there is no principal officer, the Controller of Customs and Excise; or".
2. The following section is hereby substituted for section Substitution or 167 of the principal Act: ~i~~ ~~1~11 • ~·Medicines to be pro- vided and kept on' board certain ships.
167. The owner and master of a South Mrican ship of any prescribed class shall ensure that there is on board that ship an adequate supply, according to the prescribed scales, of antiscorbutics and medicines and appliances for the treatment and prevention of diseases and accidents likely to occur at sea and of the prescribed first-aid equipment.".
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GOVERNMENT GAZE1TE, 13 MARCH 1974 No. 4215 S
MERCHANT SHIPPING AMENDMENT ACT, 1974. Act No. 24, 1974
3. Section 232 of the principal Act is hereby amended by Am~dment of the substitution for subsection (I) of the following subsection: ~~·g¥ ~~i9"f1 •
"(I r The master of a vessel which is registered or licensed in the Republic or which in terms of this Act is required to be so registered or licensed shall not, within or outside the Republic, and the master of any other vessel shall not, within the Republic or the territorial waters thereof, use or display or cause or permit any person under his authority to use or display, and no person shall use or display at a place on land within the Republic from which it can be seen from the sea-
( a) any signal which by regulation is declared to be a signal of distress, except in the circumstances and for the purpose prescribed; or
(b) any private signal, whether registered or not, which is likely to be mistaken for any such signal of distress.".
4. Section 269 of the principal Act is hereby amended by Am~dment of the substitution for subsection (I) of the following subsection: ~·r¥ ~f~9~t
"(1) If a court of marine enquiry finds that any master as ~bstituted by or ship's. officer is incompetent or has been guilty of ~ny ~~~~ ;f f/69• act of nusconduct, or that loss, abandonment or strandmg of or serious damage to any ship or loss of life or serious injury to any person has been caused by the wrongful act or default of any master or ship's officer, it may, subject to the provisions of section 283, cancel the certificate of competency or service of the master or ship's officer or suspend it for a stated period or, whether or not the master or ship's officer holds a certificate of competency or service, prohibit his employment in any stated capacity in a ship for a stated period or reprimand him.".
S. Section 273 of the principal Act is hereby amended by the Am:ndment of substitution for paragraph (b) of subsection (I) of the following ~~~¥ ;;{~f1 paragraph: as amended by'
"(b) if unanimous that any master or ship's officer of a section 34 of S h Af . hi . . t t h b "It fAct 30 of 1959 out ncan s p ts mcompe en or as een gut Y o and section 24 of any act of misconduct, or that loss, abandonment or Act 42 of 1969. stranding of or serious damage to any ship or loss of life or serious injury to any person has been caused by the wrongful act or default of any master or ship's officer of a South African ship, suspend the certificate of competency or service of that master or ship's officer for a stated period, or, whether or not the master or ship's officer holds a certificate of compe- tency or service, prohibit his employment in any stated capacity in a ship for a stated period or reprimand him.".
6. Section 356 of the principal Act is hereby amended- Am~dm3 en6 t off • • sectiOn S o (a) by the deletion m subsection (1) of the word "and" Act S1 of 1951,
at the end of paragraph (xxxviii); and as B!Den 4 d 2 edfby
• • • • sectton o (b) by the substttutton m that subsection for paragraph Act 30 of 1959
(xxxix) of the following paragraphs: and section 59 of Act 40 of 1963.
"(xxxix) prescribing the class or classes of ships on which supplies of antiscorbutics, medicines and appli- ances for the treatment and prevention of diseases and accidents likely to occur at sea and of first- aid equipment are to be carried, subject to such exemptions, restrictions or modifications as may be prescribed;
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GOVERNMENT GAZETTE. 13 MARCH 1974
MERCHANT SHIPPING AMENDMENT ACf, 1974.
(xl) prescribing scales according to which supplies of antiscorbutics, medicines and appliances for the treatment and prevention of diseases and accidents likely to occur at sea and of first-aid equipment are to be carried on board a ship of a prescribed class, subject to such exemptions and equivalents as may be prescribed;
(xli) prescribing the first-aid equipment to be carried on board a ship of a prescribed class, subject to such exemptions and equivalents as may be prescribed ;
(xlii) prescribing such other matters as are necessary or useful to be prescribed for carrying out the purposes of this Act.".
No.42JS 7
Act No. 24, 1974
7. This Act shall be called the Merchant Shipping Amend- Short title. ment Act, 1974 .