S.L. 499.71 Art. 17Offences.   S.L. 499.34.    S.L. 499.34. Cap. 9.

(1) Any operator of a port or terminal, or a Master or operator or agent of a ship, who breaches or fails to comply with the provisions of these regulations commits an offence and is liable, upon conviction:

(a) where the person is an operator of a port or terminal, or a Master or operator or agent of a ship falling within the scope of the Vessel Traffic Monitoring and Reporting Requirements Regulations or a ship which operates commercially within Maltese internal and territorial waters, to a fine (multa) not less than two thousand and five hundred euro (€2,500) and not exceeding one hundred thousand euro (€100,000) for each offence; and in the case of a continuing offence, to a further fine (multa) not less than five hundred euro (€500) and not exceeding one thousand and five hundred euro (€1,500) for each offence for every day or part thereof during which the offence persists; and

(b) where the person is an operator or a Master or agent of any other ship, including recreational craft and fishing vessels, which do not fall within the scope of the Vessel Traffic

Monitoring and Reporting Requirements Regulations, to a fine (multa) not less than five hundred euro (€500) and not exceeding five thousand euro (€5,000) for each offence; and in the case of a continuing offence, to a further fine (multa) not less than one hundred euro (€100) and not exceeding five hundred euro (€500) for each offence for every day or part thereof during which the offence persists.

(2) Where any offence against the provisions of these regulations is committed by a body of persons or body corporate, every person who, at the time of the commission of the offence was a director, manager or other similar officer of such body of persons or body corporate, or was purporting to act in any such capacity, shall be guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.

(3) Proceedings for an offence against these regulations shall be instituted before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature.