Western Australian Current Acts Western Australian Current Acts (1) If a safety zone
is established by order under section 403, a vessel to which the order applies
is not to enter or remain in the safety zone without the written consent of
the Minister.
(2) If a consent is
given under subsection (1) on conditions, a vessel to which the consent
applies is to enter or remain in the safety zone only in accordance with the
conditions.
(3) The owner of a
vessel and the person in command or in charge of a vessel each commit a crime
if the vessel enters or remains in a safety zone in contravention of
subsection (1) or (2), and are liable to imprisonment for 5 years.
Summary conviction penalty: imprisonment for 2
years or a fine of $10 000 or both.
[(4), (5) repealed]
(6) It is a defence to
a prosecution of a person for an offence against subsection (3) if the person
satisfies the court that —
(a) an
unforeseen emergency made it necessary for the vessel to enter or remain in
the safety zone to attempt to secure the safety of —
(i)
a human life; or
(ii)
the vessel; or
(iii)
another vessel; or
(iv)
a well, pipeline, structure or equipment;
or
(b) the
vessel entered or remained in the safety zone in circumstances beyond the
control of the person who was in command or in charge of the vessel (for
example, adverse weather).
(7) It is a defence to
a prosecution of the owner of a vessel for an offence against subsection (3)
if the owner satisfies the court that the owner —
(a) did
not aid, abet, counsel or procure the vessel’s entering or remaining in
the safety zone; and
(b) was
not in any way, directly or indirectly, knowingly concerned in, or party to,
the vessel’s entering or remaining in the safety zone.
[Section 404 amended: No. 4 of 2004 s. 58.]