Commonwealth Consolidated Acts

NAVIGATION ACT 2012 - SECT 173

  (1)   A person contravenes this subsection if:

  (a)   the person is the master or an owner of a vessel ; and

  (b)   the vessel is navigating in a compulsory pilotage area; and

  (c)   AMSA has granted an exemption from the requirement to navigate with a licensed pilot in respect of the navigation by the vessel in that area; and

  (d )   the vessel, in navigating in that area, contravenes a condition to which the exemption is subject .

  (2)   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.

  (3 )   Subsection   ( 1) does not apply if the vessel navigated in a compulsory pilotage area because of stress of weather, saving life at sea or other unavoidable cause.

Strict liability offence

  (4 )   A person commits an offence of strict liability if the person contravenes subsection   ( 1).

Penalty:   60 penalty units .

Note 1 :   For strict liability, see section   6.1 of the Criminal Code .

Note 2 :   The defen d ant bears an evidential burden in relation to the matters in subsections   ( 2) and (3) (see subsection   13.3(3) of the Criminal Code ).

Civil penalty

  (5 )   A person is liable to a civil penalty if the person contravenes subsection   ( 1).

Civil penalty:   600 penalty units.

  (6 )   A person who wishes to rely on subsection   ( 2) or (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matter s in th e subsection concerned .