Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section applies with respect to an aid that:
(a) is within a designated port; or
(b) may affect the safety or convenience of marine navigation within a designated port.
(2) If an aid is defective or damaged its owner must ensure that it is repaired or replaced as soon as practicable after the owner becomes aware of the defect or damage.
(3) The regional harbourmaster for a designated port may, by written notice to the owner of a defective or damaged aid, direct the owner to repair or replace it within a period specified in the notice.
(4) The owner of the aid must comply with a direction given under subsection (3).
Maximum penalty: 200 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(6) It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.
(7) If the owner fails to comply with a direction given under subsection (3), the regional harbourmaster may cause the aid to be repaired or replaced, irrespective of whether the owner has been charged with, or found guilty of, an offence against subsection (4).
(8) The owner is liable to pay all costs incurred by the regional harbourmaster under subsection (7).
(9) Any such amount is additional to any penalty imposed for an offence against subsection (4).
(10) An amount that the owner is liable to pay under subsection (8) for costs may be recovered as a debt due and payable to the Territory.