Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMaritime Occupational Safety Regulations, 1994Chapter V : Miscellaneous provisions40. Offences, penalties and defences |
| (1) | Every employer commits an offence who contravenes regulation 3(1) or (2), 4, 5, 9, 10(1), 11(1), 13, 14, 15, 16(1), 17, 18, 19, 20, 21, 22, 23, 24, 25(1), 26, 27, 30(1), (2) or (4), 31(1), 32, 35(2), 36(1), 39 or 39B. |
| (2) | Every employee who contravenes regulation 3(3)(f) commits an offence. |
| (3) | Every person who contravenes regulation 16(2) commits an offence. |
| (4) | Every owner commits an offence who contravenes regulation 35(1), 37(1), 38(1), 38(9) or 39A(1) or (3). |
| (5) | Every master who contravenes regulation 35(1)(b) commits an offence. |
| (6) | A person who commits an offence in terms of this regulation is liable on conviction to a fine or to imprisonment for a period not exceeding 12 months. |
| (7) | In proceedings for an offence in terms of this regulation it is a defence to prove that the accused took reasonable precautions and exercised due diligence to avoid committing the offence. |
| (8) | In proceedings for an offence in terms of this regulation consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the accused to prove that it was not reasonably practicable to do more than what was in fact done to satisfy the duty or requirement. |
[Regulation 40 substituted by regulation 15 of Notice No. R. 545 dated 30 April 2004]