SHIPPING REGISTRATION ACT 1981 - SECT 74 Offences--general

SHIPPING REGISTRATION ACT 1981 - SECT 74

  (1)   A person who contravenes subsection   20(1) or (2), 21(6), 22(5), 26(3), 36(2) or 37(1) , section   61 or subsection   65(5) or 66(10) commits an offence.

  (1A)   A person who contravenes subsection   37A(1) or (2), 64(2) or 66(1) commits , in respect of each day on which the person contravenes the subsection   ( including the day of a conviction for an offence against this subsection or any subsequent day), an offence.

  (2)   Where the owner of a ship commits an offence against, or arising out of a contravention of, subsection   26(2), section   33, subsection   36(2), 37(1), 37A(1), 65(8) or 66(1) or section   72, the person who is the registered agent of the ship by virtue of paragraph   64(1)(a), (b) or (c) is taken to also have committed that offence and is punishable accordingly.

  (3)   Except where a provision of this Act otherwise provides, the punishment for an offence against this Act is:

  (a)   if the offender is a natural person-- imprisonment for a period not exceeding 12 months or a fine not exceeding 20 penalty units , or both; or

  (b)   if the offender is a body corporate--a fine not exceeding 50 penalty units .

  (4)   An offence against subsection   12(3) is punishable on conviction:

  (a)   if the offender is a natural person--by a fine not exceeding 10 penalty units ; or

  (b)   if the offender is a body corporate--by a fine not exceeding 20 penalty units .

  (4A)   An offence against section   25, 32 or 33 or subsection   73(1) is an indictable offence and, subject to subsection   75(3), is punishable on conviction:

  (a)   if the offender is a natural person--by imprisonment for a period not exceeding 2 years or a fine not exceeding 50 penalty units , or both; or

  (b)   if the offender is a body corporate--by a fine not exceeding 200 penalty units .

  (4B)   An offence against subsection   37A(1) or (2), 64(2) or 66(1) is punishable on conviction:

  (a)   if the offender is a natural person--by a fine not exceeding 5 penalty units ; or

  (b)   if the offender is a body corporate--by a fine not exceeding 10 penalty units .

  (4C)   An offence against subsection   27(1), 30(9) or 71(2) is punishable on conviction:

  (a)   if the offender is a natural person--by imprisonment for a period not exceeding 6 months or a fine not exceeding 20 penalty units ; or

  (b)   if the offender is a body corporate--by a fine not exceeding 50 penalty units .

  (5)   Where a corporation commits an offence against this Act, a director, manager, secretary or other officer of the corporation who is in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the offence, is taken to also have committed that offence and is punishable accordingly.