Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (INF Code) Regulations, 200312. Defences |
| (1) | In proceedings for an offence against regulation 5 or 6(1) it is a defence to prove that the accused took reasonable precautions and exercised due diligence to avoid the commission of the offence. |
| (2) | In proceedings for an offence against regulation 9(2) or 9(5) in relation to an incident it is a defence to prove that the accused was unable to comply with regulation 9(2) in relation to the incident. |
| (3) | In proceedings for an offence against regulation 9(3) in relation to an incident it is a defence to prove— |
| (a) | that the accused was not aware of the incident; |
| (b) | in the case of a incident to which regulation 9(3)(a) applies, that the accused neither knew nor suspected that the ship's master had not complied with regulation 9(2) in relation to the incident; or |
| (c) | that the accused was otherwise unable to comply with the regulation 9(2) in relation to the incident. |