TONGA

HARBOURS (AMENDMENT) ACT 1990

Act 14 of 1990

AN ACT TO AMEND THE HARBOURS ACT

I assent,

TAUFA'AHAU TUPOU IV,
11th October, 1990

[19th September 1990]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. (1) This Act may be cited as the Harbours (Amendment) Act 1990.

(2) The Harbours Act as amended, is in this Act referred to as the Principal Act.

2. Section 9 of the Principal Act is amended:

(a) by deleting all the words after the word "vessel" (last appearing) and inserting the following in their stead:

"the master, owner, charterer or agent shall be guilty of an offence unless, in the case of the owner, charterer or agent, he proves

(i) that he did not know that the contravention was intended or was taking place; or

(ii) that he took all reasonable steps to prevent the contravention taking place";

(b) by renumbering the provision as subsection (1);

(c) by inserting the following as subsection (2):

"(2) A person who is guilty of an offence under subsection (1) shall be liable to a fine not exceeding $1000 or to imprisonment for a term not exceeding 12 months or to both.".

3. Section 10 of the Principal Act is amended by inserting a comma after the word "master" (last appearing) and inserting thereafter the words "owner, charterer or agent".

Passed by the Legislative Assembly this 19th day of September 1990.

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