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GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 61ACB Failure to comply with emergency direction: offence

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 61ACB

Failure to comply with emergency direction: offence

  (1)   A person commits an offence if:

  (a)   an emergency direction applies to the person; and

  (b)   if the direction applies to a particular person--the direction was communicated to the person; and

  (c)   if the direction applies to a class of persons or to persons generally--the direction has been published on the website of the Authority; and

  (d)   the person fails to comply with the direction.

Penalty:   500 penalty units.

  (2)   Absolute liability applies to paragraph   ( 1)(a).

Note:   For absolute liability, see section   6.2 of the Criminal Code .

  (3)   Strict liability applies to paragraphs   ( 1)(b) and (c).

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

  (4)   It is a defence to a prosecution for an offence against subsection   ( 1) if it is proved:

  (a)   that the contravention of the direction resulted from the need to save life at sea; or

  (b)   that compliance with the direction was not possible; or

  (c)   if the direction requires a thing to be done before a particular time--that compliance with the direction was not possible before that time and the direction was complied with as soon as possible after that time.

Note:   The defendant bears a legal burden in relation to the matters in this subsection. See section   13.4 of the Criminal Code .