| (1) | A person guilty of an offence under these Regulations is punishable on conviction by a fine or by imprisonment for a period not exceeding 12 months. |
| (2) | It is a good defence to a charge under Part 2 or 3 of these Regulations for a person to show— |
| (a) | that the person took all reasonable steps to ensure compliance with the Regulations; |
| (b) | that the person did not know nor ought to have known nor had reasonable grounds for suspecting the goods to be dangerous goods; |
| (c) | that the goods were handled and carried in accordance with the provisions of the applicable code; or |
| (d) | that the goods were handled and carried in accordance with the conditions imposed under regulation 3 or 17(2)(b). |
| (3) | In proceedings for an offence against regulation 19B or 19C(1) it is a defence to prove that the accused took reasonable precautions and exercised due diligence to avoid the commission of the offence. |
| (4) | In proceedings for an offence against regulation 5(1B) or 5(1E) in relation to an incident it is a defence to prove that the accused was unable to comply with regulation 5(1B) in relation to the incident. |
| (5) | In proceedings for an offence against regulation 5(1C) 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 an incident to which regulation 5(1C)(a) applies, that the accused neither knew nor suspected that the vessel's master had not complied with regulation 5(1B) in relation to the incident; or |
| (c) | that the accused was otherwise unable to comply with the regulation 5(1B) in relation to the incident. |
| (6) | Any contravention of regulation 19B or 19C(1) is an offence on the part of the vessel's master and each person who is an operator of the vessel, and is punishable on conviction by a fine or by imprisonment for a period not exceeding 12 months. |
| (7) | Any contravention of regulation 4B(3) is an offence punishable on conviction by a fine or by imprisonment for a period not exceeding 12 months. |
| (8) | Any contravention of regulation 5(1B) by a vessel's master is an offence punishable on conviction by a fine or by imprisonment for a period not exceeding 12 months. |
| (9) | Any contravention of regulation 5(1C) is an offence on the part of each person who is an operator. or an agent of an operator, of the vessel, and is punishable on conviction by a fine or by imprisonment for a period not exceeding 12 months. |
| (10) | Any contravention of regulation 5(1E) or 5(1F) is an offence punishable on conviction by a fine or by imprisonment for a period not exceeding 12 months. |
[Regulation 21 substituted by section 22 of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
