Intentionally destroying, fouling or damaging aids to navigation
194 Intentionally destroying, fouling or damaging aids to navigation
A person contravenes this subsection if:
the person does an act or omits to do an act; and
the act or omission results in:
the destruction or fouling of an AMSA aid to navigation; or
damage to, or reduction in or limitation of the effectiveness of, an AMSA aid to navigation; and
the person intends that the act or omission will have that result.
Subsection (1) does not apply if:
the act or omission was necessary to save a life or a vessel, or to prevent pollution; and
the person took all reasonable steps to avoid the destruction, fouling, damage, reduction or limitation.
Fault‑based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 10 years or 600 penalty units, or both.
A 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: 6,000 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 matters in that subsection.
This Act’s bill:Explanatory memorandumSecond reading speech
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