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MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 175 Definitions

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 175

Definitions

In this Part—

"effective", in relation to an illegal user statement, a known user statement, a sold vessel statement or an unknown user statement, means a statement that is, or is accepted by an enforcement official under section 178 as, and has not ceased to be, an effective statement for the purposes of this Part;

"enforcement official" means—

        (a)     the informant in any proceeding commenced against the owner of a vessel; or

        (b)     the issuing officer (within the meaning of the Infringements Act 2006 ) in relation to an infringement notice served on the owner of a vessel; or

        (c)     the enforcement agency (within the meaning of the Infringements Act 2006 ) in relation to a penalty reminder notice served on the owner under Part 2 of that Act—

in relation to being in charge of the vessel at the relevant time;

"illegal user statement", in relation to an offence involving a vessel, means a statement in writing made by a person to the effect that the person believes that at the time of the offence the vessel was a stolen vessel or the identification mark displayed on the vessel was false;

"known user statement", in relation to an offence involving a vessel, means a statement in writing made by a person—

s. 175

        (a)     to the effect that the person was not at the time of the offence the master of the vessel; and

        (b)     containing sufficient information to identify and locate the person who the person making the statement knew to be the master of the vessel at the time of the offence;

"nomination rejection statement" means a statement in writing made by a person nominated in a known user statement or a sold vessel statement as being the responsible person in relation to a vessel to the effect—

        (a)     if nominated in a known user statement, that the person had not had possession or control of the vessel before the offence, as stated in the known user statement, and the person was not the master of the vessel at the time of the offence; and

        (b)     if nominated in a sold vessel statement, that the vessel had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vessel statement;

"owner", in relation to a vessel, includes a registered person;

"responsible person", in relation to a vessel, means each of the following—

        (a)     the owner of the vessel;

        (b)     the person nominated in an effective known user statement or an effective sold vessel statement;

"sold vessel statement", in relation to an offence involving a vessel, means a statement in writing made by a person—

s. 175

        (a)     to the effect that—

              (i)     the person had sold or otherwise disposed of the vessel before the time of the offence or that any interest in the vessel had otherwise ceased to be vested in the person before that time; and

              (ii)     the person was not at that time the master of the vessel, or had not at that time possession or control of, the vessel; and

        (b)     containing sufficient information to identify and locate the person to whom the vessel was sold or disposed of, or in whom an interest in the vessel was otherwise vested, and the date and, if relevant, the time of the sale, disposal or vesting;

"unknown user statement", in relation to an offence involving a vessel, means a statement in writing made by a person to the effect that the person—

        (a)     was not at the time of the offence the master of the vessel, or had not at that time possession or control of, the vessel; and

        (b)     does not know and could not with reasonable diligence ascertain the identity of the person who was at that time the master of the vessel, or had at that time possession or control of, the vessel.