84A

Installing a domestic submarine cable without a permit

In force

(1)

A person commits an offence if:

(a)

the person installs, or causes to be installed, a domestic submarine cable; and

(b)

the cable is installed in a protection zone; and

(c)

the person does not have a permit under this Part authorising the installation of the cable in the place in which it is installed.

Penalty: 200 penalty units.

(2)

Strict liability applies to paragraph (1)(b).

Note:

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

(3)

Subclause (1) does not apply to a person who installs a domestic submarine cable on behalf of a carrier, if the carrier has a permit authorising the installation of the cable.

Note:

The defendant bears an evidential burden in relation to the matters in subclause (3). See subsection 13.3(3) of the Criminal Code.

(4)

Subclause (1) does not apply to a domestic submarine cable that a person installed, or began to install, before the commencement of this clause.

Note:

The defendant bears an evidential burden in relation to the matters in subclause (4). See subsection 13.3(3) of the Criminal Code.

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