MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 181 Defences to owner onus offences

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 181

In a proceeding for an owner onus offence it is a defence to the charge for the accused to prove any of the following—

        (a)     that the accused had made an illegal user statement, a known user statement, a sold vessel statement or unknown user statement within the prescribed period and that the statement is, or ought to have been accepted by an enforcement official as, an effective statement for the purposes of this Part;

        (b)     that the acceptance as an effective statement for the purposes of this Part of an illegal user statement, known user statement, sold vessel statement or unknown user statement made by the accused ought not to have been cancelled under section 179(1);

        (c)     if the proceeding against the accused is based on a nomination made in a known user statement or sold vessel statement, that the accused had made a nomination rejection statement and that an enforcement official ought to have been satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect.