Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person contravenes this subsection if:
(a) the person is the master or owner of a vessel ; and
(b) the vessel navigates without a licensed pilot in a compulsory pilotage area .
Exceptions
(2) Subsection ( 1 ) does not apply to a person if :
(a) the vessel was exempted under section 172 from the requirement to navigate with a licensed pilot in the area; and
(b) the navigation complied with the terms of the exemption.
(3) Subsection ( 1 ) does not apply to a person if the vessel navigated in a compulsory pilotage area because of saving life at sea or other unavoidable cause.
(4) Subsection ( 1) does not apply to the owner of the vessel if he or she took all reasonable precautions to ensure that the vessel would not navigate in a compulsory pilotage area in contravention of that subsection.
Fault - based offence
(5) A person commits an offence if the person contravenes subsection ( 1).
Note : The defendant bears an evidential burden in relation to the matters in subsections ( 2), (3) and (4) (see subsection 13.3(3) of the Criminal Code ).
Civil penalty
(6) A person is liable to a civil penalty if the person contravenes subsection ( 1).
Civil penalty: 6 ,000 penalty units.
(7) A person who wishes to rely on subsection ( 2), (3) or (4) in proce edings for a civil penalty order bears a legal burden in relation to the matter s in th e subsection concerned .