s 39
In forceMaster or owner of ship used in offence of damaging a submarine cable
Volume 3schs, Endnotes
Schedule 3AProtection of submarine cables
Part 2Protection zones
Division 4Offences in relation to a protection zone
Subdivision ADamaging a submarine cable
39 Master or owner of ship used in offence of damaging a submarine cable
(1)
A person (the first person) commits an offence if:
(a)
the first person is the owner or master of a ship; and
(b)
the first person permits another person to use the ship; and
(c)
the other person commits an offence against clause 36; and
(d)
the ship is used in the commission of the offence and the first person is reckless as to that fact.
Penalty: Imprisonment for 10 years or 600 penalty units, or both.
(2)
Strict liability applies to paragraph (1)(c).
Note:
For strict liability, see section 6.1 of the Criminal Code.
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