Penalty for Contravention of Byelaws
PART VI
PENALTY FOR CONTRAVENTION OF BYELAWS
Penalties
62. Any person who contravenes or otherwise fails to comply with any of these byelaws or any condition, requirement or prohibition imposed by ABP or the harbour master in the exercise of the powers conferred upon them or him by these byelaws shall be guilty of an offence and be liable, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale, except in the case of byelaws 13 & 16 where level 4 will apply,
Responsibility.
63. Where the commission by any person of an offence under these byelaws is due to the act or default of some other person, that other person shall be guilty of an offence; and that other person may be charged with, and convicted of, the offence by virtue of this byelaw whether or not proceedings for the offence are taken against any other person.
Offence committed by body corporate.
64.(1) Where an offence under these byelaws 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.
Defence
65.(1) In any proceedings for an offence under these byelaws, 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 bylaw involves the allegation that the commision 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 the 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 identificatoin of that person as was then in his possession.
