Commonwealth Consolidated Regulations

GREAT BARRIER REEF MARINE PARK REGULATIONS 1983 - REG 178

         (1)   A person, other than the Authority acting in accordance with its functions and powers, must not contravene a provision of Part 2 of the Plan.

Penalty:   50 penalty units.

         (2)   A contravention of subregulation (1) (other than a contravention of that subregulation constituted by a contravention of subclause 2.12 (1) of the Plan) is an offence of strict liability.

         (3)   It is a defence to a prosecution under subregulation (1) if the person is acting in accordance with a permission.

         (4)   Despite the amendment of this regulation by the Great Barrier Reef Marine Park Amendment Regulations 2008 (No. 1) , a defence that would have been available as a defence to a prosecution under subregulation (1) for a contravention that occurred before that amendment continues to be available as a defence.

Note    A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code ).