28More than one person registered as owner of vessel

28 More than one person registered as owner of vessel

[Section 28 Subsection (2) substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] [Section 28 Subsection (3) substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] [Section 28 Subsection (4) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] [Section 28 Repealed by No. 14 of 2009, s. 5, Applied:09 Jun 2009]

(1)  If 2 or more persons are, jointly, the registered owner of a vessel, proceedings for a deemed offence concerning that vessel may be brought against –

(a) one of those persons; or

(b) more than one of those persons jointly.

(2)  If subsection (1)(a) applies, the court may find the defendant guilty of the deemed offence if satisfied that –

(a) the offence has been committed; and

(b) the defendant has not established a statutory defence.

(3)  If subsection (1)(b) applies, the court may, whether the charge against the defendants is heard together or separately, find any defendant guilty of the deemed offence if satisfied that –

(a) the offence has been committed; and

(b) the defendant has not established a statutory defence.

(4)  If subsection (1)(b) applies and more than one defendant is found guilty of the deemed offence, the total amount of any fines imposed on the defendants is not to exceed, in aggregate, the maximum fine that could have been imposed if only one of them had been found guilty of the offence.

(5)  In this section –

deemed offence means an offence against this Act relating to the use of a vessel, being an offence that, pursuant to , is taken to have been committed by the registered owner of the vessel.