Penalties for Contravention of Bye-laws, Responsibility and Defence

60. Any person contravening these Bye-Laws or any condition, requirement or prohibition imposed by the harbour master in the exercise of the powers conferred on him by these Bye-Laws, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale, except in the case of Bye-Laws 48 and 50 where level 2 will apply and Bye-Law 11 where level 4 will apply.

61.Where the commission by any person of an offence under these Bye-Laws is due to the act or default of some other person, that other person shall be guilty of the offence; and that other person may be charged with, and convicted of, the offence by virtue of this Bye-Law whether or not proceedings for the offence are taken against any other person.

62.(1)Where an offence under these Bye-Laws which is committed by a body corporate is proved to be committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)For the purpose of (1) above “director”, in relation to any body corporate whose affairs are managed by its members, means any member of the body.

63. (1)In any proceedings for an offence under these Bye-Laws, it shall be a defence for the person charged to prove:

(a)that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence; or

(b)that he had a reasonable excuse for his act or failure to act.

(2)If in any case the defence provided by paragraph (1)(a) of this Bye-Law involves the allegations that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that person as was then in his possession.