8 (e) The speed capabilities of the vessel. 7.00 Defences 7.01 It shall be a defence to a prosecution for an offence against these Bylaws if the Defendant proves on a balance of probabilities that: (a) The offence occurred as a result of a mechanical or technical failure that could not have been avoided with adequate maintenance; or (b) The offence occurred as a result of or in response to an emergency; and (c) In the case of either (a) or (b) above the Defendant acted reasonably in the circumstances. 7.02 An emergency for the purposes of this clause of this Bylaw shall be a situation where risk to human life or safety or to vessel safety has arisen. 8.00 Penalties for Breach of Bylaws 8.01 Every person who commits a breach of this Bylaw is liable to a fine not exceeding the maximum fine specified for breach of Bylaws in the Local Government Act 1974. 8.02 Where there is a repetitive breach of this Bylaw Council may apply to a Court of competent jurisdiction for an injunction to restrain the further breach of the Bylaw by the person who has committed the repetitive breach.