Commonwealth Consolidated Acts

SEA INSTALLATIONS ACT 1987 - SECT 14

             (1)  Subject to section 44, where a sea installation is installed in an adjacent area otherwise than in accordance with a permit, the owner and the occupier of the installation are each guilty of an offence against this section punishable, upon conviction, by:

                     (a)  in the case of a natural person--a fine not exceeding $50,000; or

                     (b)  in the case of a body corporate--a fine not exceeding $250,000.

          (1A)  An offence under subsection (1) is an offence of strict liability.

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

             (2)  It is a defence to a charge of an offence of installing a sea installation in an adjacent area if it is established that the installing:

                     (a)  occurred because of factors beyond the control of the person charged;

                     (b)  was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life; or

                     (c)  was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea or of a sea installation.