Commonwealth Consolidated Acts

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NAVIGATION ACT 2012 - SECT 232

Notification about wrecks

  (1)   The mas t er or owner of any vessel that is wrecked, stranded, sunk or abandoned or has foundered must notify AMSA within the period prescribed by the regulations of the following matters:

  (a)   the name and principal place of business of the owner of the vessel;

  (b)   the location of the vessel;

  (c)   the type, size and construction of the vessel;

  (d)   the nature and quantity of cargo and any hazardous or noxious substances on board the vessel;

  (e)   the amount and type of oil, including bunker and lubric ating oil, on board the vessel.

  (2 )   Subsection   ( 1 ) does not apply to a foreign vessel if it is not situated in the territorial sea of Australia.

Fault - based offence

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

Penalty:   6 0 penalty units.

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 00 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 in that subsection.



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