Great Barrier Reef Marine Park Act 1975

A person commits an offence if:

an emergency direction applies to the person; and

if the direction applies to a particular person—the direction was communicated to the person; and

if the direction applies to a class of persons or to persons generally—the direction has been published on the website of the Authority; and

the person fails to comply with the direction.

Absolute liability applies to paragraph (1)(a).

For absolute liability, see section 6.2 of the Criminal Code.

Strict liability applies to paragraphs (1)(b) and (c).

For strict liability, see section 6.1 of the Criminal Code.

It is a defence to a prosecution for an offence against subsection (1) if it is proved:

that the contravention of the direction resulted from the need to save life at sea; or

that compliance with the direction was not possible; or

if the direction requires a 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.

The defendant bears a legal burden in relation to the matters in this subsection. See section 13.4 of the Criminal Code.