66Builders plate exemptions—available defences

66 Builders plate exemptions—available defences

66 Builders plate exemptions—available defences

(1) It is a defence to a prosecution for an offence against clause 65 if the defendant establishes that the defendant was an owner builder of the vessel concerned and the vessel was sold more than 5 years after it was first used or first registered.

(2) It is a defence to a prosecution for an offence against clause 65 if the defendant establishes that—

(a) the defendant was not the builder of the vessel, and

(b) there was a plate fixed to the vessel when it was sold by the defendant and the defendant reasonably believed that the plate was a builders plate for the vessel, and

(c) the defendant had no reason to believe that the information on the plate was incorrect, and

(d) the defendant was not aware of any modification of the vessel that would affect the accuracy of the information on the plate.

(3) It is a defence to a prosecution for an offence against clause 65 if the defendant establishes that the vessel was to be exported overseas.