Section 201Part 8 — SAFETY OF SUBMERSIBLES
Offences
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201. (1) A person who —
causes or permits a submersible craft to be launched, recovered, operated or supported; or Section 202 Merchant Shipping Act, 2024 Page 114 Act 1 of 2024 c
is otherwise concerned in the launch, recovery, operation or support of a submersible craft, in contravention of section 191(2) commits an offence and is liable on summary conviction to a fine of twenty thousand dollars.
A person who causes or permits supporting apparatus to be operated or is otherwise concerned in the operation of supporting apparatus in contravention of section 191(3) commits an offence and is liable on summary conviction to a fine of twenty thousand dollars.
A person who contravenes section 193(2)(b), 195(1), 197 or 199(5) commits an offence and is liable on summary conviction to a fine of ten thousand dollars.
In proceedings for an offence under this Part it shall be a defence for the person charged with the offence to prove —
that the person exercised all due diligence to prevent the commission of the offence; and
that the offence was committed without the person’s consent, connivance or default.
Where —
a body corporate commits an offence under this Part or any regulations made under it; and
the offence specified under paragraph (a) is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of the director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits that offence and is liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection
shall apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.