Section 45 Defence that plate already fixed
Transport Operations (Marine Safety) Regulation 2016
It is a defence to a prosecution for an offence against section 43 if the defendant establishes that—
(a) the defendant was not the builder of the ship; and
(b) there was a builders plate fixed to the ship when it was sold by the defendant and the defendant reasonably believed the plate was a builders plate for the ship; and
(c) the defendant had no reason to believe the information on the builders plate was incorrect or had not been approved by a builders plate approver; and
(d) the defendant was not aware of any modification of the ship that would affect the accuracy of the information on the builders plate.