NAVIGATION ACT 2012 - SECT 200 Intentionally interfering with aids to navigation

NAVIGATION ACT 2012 - SECT 200

  (1)   A person co ntravenes this subsection if:

  (a)   the person does an act or omits to do an act; and

  (b)   the act or omission results in an interference with the operation of, or the use by a nother person of, a n AMSA a id to navigation ; and

  (c)   the person intends that the act or omission will have that resul t.

  (2)   Subsection   ( 1) does not apply if:

  (a)   the act or omission was necessary to save a life or a vessel, or to prevent pollution; and

  (b)   the person took all reasonable steps to avoid causing that interference.

Fault - based offence

  (3)   A person commits an offence if the person contravenes subsection   ( 1).

Penalty :   Imprisonment for 10 years or 600 penalty units, or both.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 2) (see subsection   13.3(3) of the Criminal Code ).

Civil penalty

  (4 )   A person is liable to a civil penalty if the person contravenes subsection   ( 1).

Civil penalty:   6,000 penalty units.

  (5 )   A person who wishes to rely on subsection   ( 2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter s in that subsection.