Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 1 : Preliminary

Division 8 - General defences

12. Ship master's decisions

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A person does not commit an offence in terms of these regulations if—

(a)a physical element of the offence exists (whether directly or indirectly) because the master engaged in conduct in the operation or control of the ship; and
(b)without the existence of that physical element the person would not commit the offence; and
(c)the master engaged in the conduct to protect the safety or security of—
(i)the ship;
(ii)the ships cargo;
(iii)a person (whether on board the ship or not);
(iv)another ship; or
(v)a port, or a port facility or other installation within a port; and
(d)the conduct was reasonable in the circumstances.