Tanzania
Shipping Agency Act
Chapter 415
- Published in Tanzania Government Gazette
- Commenced on 1 July 2002
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss 1-2)
1. Short title
This Act may be cited as the Shipping Agency Act.2. Interpretation
In this Act, unless the context otherwise requires—"Authority" means the Surface and Marine Transport Regulatory Authority;"Director-General" means the Director-General of the Authority;"Divisional Director" means the Divisional Director of the Authority responsible for shipping agency matters;"licence" means a licence to carry on business of shipping agency issued under this Act;"Minister" means the Minister responsible for shipping matters;"Ministry" means the Ministry responsible for shipping agency matters;"port services or facilities" shall have the meaning assigned to them in the Tanzania Harbours Authority Act 1;"prescribed" means prescribed by regulations made under this Act;"principal" means a person for whom another person acts on his behalf as an agent in the business of shipping agency;"shipping agent" means any person or company engaged in providing shipping agency services on behalf of the principal.Part II – Shipping agency services (s 3)
3. Services of a shipping agent
Shipping agency services shall include but are not be limited to the following—Part III – Administration (ss 4-6)
4. Functions of the Divisional Director
Functions of the Divisional Director in relation to shipping agency matters, shall include—5. Functions and duties of the Authority
6. Continuation of business after operation of the Act
Part IV – Capital and other requirements for shipping agents (ss 7-10)
7. Qualifications for registration and licensing
No person shall, after coming into operation of this Act, be registered and licensed as a shipping agent unless that person–8. Capital requirements
9. Margin of solvency
10. Restriction on transfer of shares
Part V – Licensing procedures (ss 11-16)
11. Application of licence
12. Licence not transferable
No licence issued under this Act shall be transferable to any other person.13. Suspension or cancellation
14. Effect of suspension or cancellation of an order
An order made under subsection (1) of section 13 to a shipping agent shall come into force on the date on which that order was communicated by the Authority to the shipping agent, and shall continue to be in force notwithstanding that an appeal against that order has been referred to the Fair Competition Tribunal.15. Communication to be deemed complete
Any notice or order required to be communicated to any shipping agent under this Act, shall be deemed to be communicated after the expiry of seven days from the date of dispatch of that notice or order by whatever means.16. No compensation for loss
No shipping agent who, prior to the coming into operation of this Act, was carrying on business as a shipping agent shall be entitled to compensation for any loss incurred by way of business or otherwise or by reason of him not being issued a licence under this Act.Part VI – Offences and penalties (ss 17-19)
17. Liability of body corporate
Where an offence is committed by a body of persons, if that body of persons is a body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of that body corporate shall be deemed to have committed that offence unless that person proves that the offence was committed without his knowledge or connivance and that he exercised all due diligence to prevent the commission of the offence having regard to the nature of his functions and all other circumstances.18. Liability of employee or servant of shipping agent
Where an offence is committed by any employee or servant of a shipping agent while engaged in the business of that shipping agent, that offence shall be deemed to have been committed by that shipping agent unless the shipping agent proves that the offence was committed without his knowledge.19. Offences and penalties
Any person who—Part VII – General provisions (ss 20-24)
20. Power to issue directions
The Divisional Directors may issue to any shipping agent any direction necessary for the purpose of efficient implementation of the provisions of this Act or any regulations made under this Act.21. Power of entry and inspection
22. Maintenance of records
Every shipping agent shall maintain such records as may be prescribed.23. Exemption from application of certain provisions of the Act
24. Regulations
History of this document
31 July 2002 this version
Consolidation
01 July 2002
Commenced
Cited documents 2
Legislation 2
1. | Tanzania Harbours Authority Act | 5 citations |
2. | Surface and Marine Transport Regulatory Authority Act | 2 citations |
Documents citing this one 1
Judgment 1
1. | Elias Masija Nyang'oro & Others vs Mwanachi Insurance Company Limited (Civil Appeal 278 of 2019) [2022] TZCA 648 (24 October 2022) | 15 citations |