Commonwealth Consolidated Acts

NAVIGATION ACT 2012 - SECT 35

  (1)   A person must not perform duties or functions in relation to a regulated Australian vessel if:

  (a)   the regulations require the person to hold a particular seafarer certificate in order to perform those duties or functions; and

  (b)   the person does not hold such a seafarer certificate.

  (2)   Subsection   ( 1) does not apply to the performance of duties or functions in exceptional circumstances.

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 matters in that subsection.