Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38K

             (1)  Where:

                     (a)  by use of a vessel or aircraft, an offence is committed against any of sections 38A to 38H (inclusive); and

                     (b)  a responsible person in relation to the vessel or aircraft:

                              (i)  knew, or had reasonable grounds to suspect, that the vessel or aircraft would be used in committing the offence; and

                             (ii)  did not take reasonable steps to prevent the use of the vessel or aircraft in committing the offence;

the person is guilty of an offence punishable on conviction by a fine of not more than 200 penalty units.

             (2)  In subsection (1):

"responsible person" , in relation to a vessel or aircraft, means:

                     (a)  a person who, at the time the offence was committed, was the master of the vessel or was in charge of the aircraft; or

                     (b)  a person who, at the time the offence was committed, was the owner, a co‑owner, or an owner of any part of or share in, the vessel or aircraft; or

                     (c)  a person (the operator ) who, at the time the offence was committed, was a party to an agreement with a person referred to in paragraph (a) or (b) under which the operator, or the operator and the other party to the agreement, may determine the activities for which the vessel or aircraft is used.

Note:          If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.