Transport Operations (Marine Safety) Regulation 2016
sec.45Defence that plate already fixed
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sec.45 Defence that plate already fixed
It is a defence to a prosecution for an offence against section 43 if the defendant establishes that— the defendant was not the builder of the ship; and there was a builders plate fixed to the ship when it was sold by the defendant and the defendant reasonably believed the plate was a builders plate for the ship; and the defendant had no reason to believe the information on the builders plate was incorrect or had not been approved by a builders plate approver; and the defendant was not aware of any modification of the ship that would affect the accuracy of the information on the builders plate.
- (a) the defendant was not the builder of the ship; and
- (b) there was a builders plate fixed to the ship when it was sold by the defendant and the defendant reasonably believed the plate was a builders plate for the ship; and
- (c) the defendant had no reason to believe the information on the builders plate was incorrect or had not been approved by a builders plate approver; and
- (d) the defendant was not aware of any modification of the ship that would affect the accuracy of the information on the builders plate.