Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Safe Manning, Training and Certification) Regulations, 2013Part 8 : Supplemental118. Offences, penalties and defences |
| (1) | Every owner commits an offence who contravenes regulation 91(1) or (4), 93(1), 116 or 117. |
| (2) | Every employer, being an employer who in terms of regulation 93 has become subject to the duties of the owner under that regulation, who contravenes regulation 93 commits an offence. |
| (3) | Every master commits an offence who contravenes regulation 93(12), (13), (14), (15), (16) 92(2), (4), (6), 94(2) or (3). |
| (4) | Every seafarer commits an offence who contravenes regulation 92, 93(16) or 94(4). |
| (5) | A person who commits an offence in terms of subregulation (1), (2) or (3) is liable on conviction to a fine or to imprisonment for a period not exceeding 12 months. |
| (6) | A person who commits an offence in terms of subregulation (4) is liable on conviction to a fine or to imprisonment for a period not exceeding six 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. |