Commonwealth Numbered Acts

PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 No. 33, 1981 - SECT 19

19. (1) Where a direction under this Act issued to a person, or to 2 or more
persons, is contravened or not complied with, the person, or each of those
persons, as the case may be, is guilty of an indictable offence against this
sub-section punishable, upon conviction, by a fine not exceeding -

   (a)  in the case of a person, not being a body corporate - $20,000; and

   (b)  in the case of a person, being a body corporate - $50,000.



"(2) Notwithstanding that an offence against sub-section (1) is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of such an offence if the court is satisfied that it is proper to do
so and the defendant and the prosecutor consent.

(3) Where, in accordance with sub-section (2), a court of summary jurisdiction
convicts a person of an offence against sub-section (1), the penalty that the
court may impose is a fine not exceeding -

   (a)  in the case of a person, not being a body corporate - $2,000; and

   (b)  in the case of a person, being a body corporate - $5,000.

(4) Subject to sub-section (5), it is a defence to a prosecution for an
offence against sub-section (1) if it is proved -

   (a)  that the contravention of, or non-compliance with, the direction
        resulted from the need to save life at sea;

   (b)  that compliance with the direction was not possible; or

   (c)  if the direction requires an act or thing to be done before a
        particular time - that compliance with the direction was not possible
        before that time and the direction was complied with as soon as
        possible after that time.

(5) A reference in this section to the contravention of, or non-compliance
with, a direction under this Act shall, in the case of a direction that has
been varied by a further direction issued under section 15, be construed as a
reference to the direction as so varied by that further direction.