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MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 176 Owner onus offences

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 176

Owner onus offences

    (1)     If this Act, the regulations or a legislative instrument that creates an offence that may be committed by the master of a vessel, or any other Act or legislative instrument, expressly states that the offence is an owner onus offence for the purposes of this Part, then (except as otherwise provided by the Part) the person who at the time of the offence is the responsible person in relation to the vessel is guilty of the offence as if that person were the master of the vessel at that time.

    (2)     Nothing in subsection (1) affects the liability of the master of the vessel at the time of the offence.

    (3)     The owner of a vessel only ceases to be the responsible person in relation to the vessel if another person is the responsible person in relation to that vessel by force of section 178 or  179.

    (4)     A person who by force of this section is guilty of an offence is liable to the same penalties and subject to the consequences to which the person would have been liable and subject had the person been the master of the vessel at the time of the offence.