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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 28
Criminal
Code Amendment (Dangerous Navigation of Vessels) Bill
2017
Ms
Fyles
A Bill for an Act to amend the Criminal Code
NORTHERN TERRITORY OF AUSTRALIA
CRIMINAL CODE AMENDMENT (DANGEROUS NAVIGATION OF VESSELS) ACT 2017
____________________
Act No. [ ] of 2017
____________________
Table of provisions
174FC Navigating
vessel causing death or serious harm
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2017
____________________
An Act to amend the Criminal Code
[Assented to [ ] 2017]
[Second reading [ ] 2017]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Criminal Code Amendment (Dangerous Navigation of Vessels) Act 2017.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Criminal Code.
4 Part VI, Division 3A heading amended
Part VI, Division 3A heading, after "vehicles"
insert
and vessels
After section 174FB, in Part VI, Division 3A, Subdivision 2
insert
174FC Navigating vessel causing death or serious harm
(1) A person commits an offence if:
(a) the person navigates a vessel dangerously; and
(b) that conduct causes the death of another person.
Maximum penalty: Imprisonment for 10 years.
(2) A person commits an offence if:
(a) the person navigates a vessel dangerously; and
(b) that conduct causes serious harm to another person.
Maximum penalty: Imprisonment for 7 years.
(3) For subsections (1)(a) and (2)(a), a person navigates a vessel dangerously if the person navigates the vessel:
(a) while under the influence of alcohol or a drug to such an extent as to be incapable of having proper control of the vessel; or
(b) at a speed that is dangerous to another person; or
(c) in a manner that is dangerous to another person.
(4) An offence against subsection (1) or (2) is an offence of strict liability.
(5) A person who is convicted or acquitted of an offence against subsection (1) or (2) is not liable to be convicted of another offence against this Code on the same facts or substantially the same facts.
(6) In this section:
navigate, in relation to a vessel, includes any of the following:
(a) steer, direct or manage the vessel;
(b) direct or manage the course of the vessel;
(c) change the movement or direction of the vessel.
Section 316(2), after "174F(1)"
insert
or 174FC(1)
Schedule 1, after "involving vehicles"
insert
and vessels
This Act is repealed on the day after it commences.
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