Offence to enter an Australian port after navigating without a pilot: master and owner liable
59C Offence to enter an Australian port after navigating without a pilot: master and owner liable
If:
a regulated ship navigates without a pilot in the compulsory pilotage area; and
the ship enters an Australian port under the command of the master who was in command of the ship during the navigation referred to in paragraph (a);
the master and the owner of the ship each commit an offence punishable on conviction by a fine of not more than 500 penalty units.
If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.
The regulated ship’s entry to an Australian port referred to in paragraph (1)(b) may occur on the same voyage on which the navigation in the compulsory pilotage area without a pilot occurred or on a later voyage.
An offence under subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
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