Commonwealth Consolidated Acts

NAVIGATION ACT 2012 - SECT 195

  (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 is reckless as to whether 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 .

Fault - based offence

  (3)   A person commits an offence if the person contravenes subsection   ( 1).

Penalty:   Imprisonment for 5 years or 300 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:   3,000 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.