Commonwealth Consolidated Acts

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NAVIGATION ACT 2012 - SECT 247

Persons must comply with directions

  (1)   A person who is given a direction under section   246 must comply with the direction or ensure that the direction is complied with .

  (2 )   Subsection   ( 1) does not apply if non - compliance with the direction is necessary to save a person ' s life at sea or is due to an emergency involving a threat to a person ' s life.

Fault - based offence

  (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 evide ntial burden in relation to the matter in that subsection .

 


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