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.
(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 .