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

Regulations

Merchant Shipping  (INF Code) Regulations, 2003

12. Defences

 

(1) In proceedings for an offence against regulation 5 or 6(1) it is a defence to prove that the accused took reasonable precautions and exercised due diligence to avoid the commission of the offence.

 

(2) In proceedings for an offence against regulation 9(2) or 9(5) in relation to an incident it is a defence to prove that the accused was unable to comply with regulation 9(2) in relation to the incident.

 

(3) In proceedings for an offence against regulation 9(3) in relation to an incident it is a defence to prove—
(a) that the accused was not aware of the incident;
(b) in the case of a incident to which regulation 9(3)(a) applies, that the accused neither knew nor suspected that the ship's master had not complied with regulation 9(2) in relation to the incident; or
(c) that the accused was otherwise unable to comply with the regulation 9(2) in relation to the incident.