Failure to comply with a notice about aids to navigation
193 Failure to comply with a notice about aids to navigation
A person contravenes this subsection if:
the person is given a notice under subsection 191(1); and
the person fails to comply with the notice.
Subsection (1) does not apply if the person has a reasonable excuse.
Strict liability offence
A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.
For strict liability, see section 6.1 of the Criminal Code.
The defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Civil penalty
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 600 penalty units.
A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.
This Act’s bill:Explanatory memorandumSecond reading speech
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