(1) If the registered owner of the vessel is taken to have committed the offence, whether or not the registered owner was using or in charge of the vessel at the time of the offence, unless the registered owner can establish a defence under this section.
(a) an offence against this Act relating to the use of a vessel has been committed; and
(b) the identity of the person who committed the offence cannot be established
(2) It is a defence in proceedings for an offence under this section if the registered owner establishes that
(a) the offence was committed by another person; or
(b) when the offence occurred
(i) the relevant vessel was being used without the registered owner's knowledge or consent; or
(ii) a person other than the registered owner was in charge of the relevant vessel; or
(iii) the registered owner had no right or interest in the relevant vessel.
(3) Subsection (2) does not exclude any other defence provided by law.