(1) A person contravenes this subsection if:
(a) the person does an act or omits to do an act; and
(b) the act or omission results in :
( i ) the destruction or fouling of an AMSA aid to navigation; or
(ii) damage to , or reduction in or limitation of the effectiveness of , an AMSA aid to navigation; and
(c) the person intends that the act or omission will have that result .
(2) Subsection ( 1) does not apply if:
(a) the act or omission was necessary to save a life or a vessel, or to prevent pollution; and
(b) the person took all reasonable steps to avoid the destruction, fouling, damage, reduction or limitation .
( 3 ) A person commits an offence if the person contravenes subsection ( 1).
Penalty: Imprisonment for 10 years or 600 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matter in subsection ( 2) (see subsection 13.3(3) of the Criminal Code ).
Civil penalty
( 4 ) A person is liable to a civil penalty if the person contravenes subsection ( 1).
Civil penalty: 6,000 penalty units .
( 5 ) A person who wishes to rely on subsection ( 2) in
proceedings for a civil penalty order bears an evidential burden in relation
to the matter s in that subsection.