Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Download]
[Help]
NAVIGATION AMENDMENT ACT 1981 No. 10, 1981 - SCHEDULE 3
SCHEDULE 3 Section 44
AMENDMENTS RELATING TO OFFENCES, PENALTIES, &c.
------------------------------------------------------------------------------
-- Provision Amendment
------------------------------------------------------------------------------
-- Sub-section 6 (1) Insert before the definition of "diplomatic or
consular representative of Australia" the
following definition:
"contravention", in relation to a provision of
this Act, includes a failure to comply with that
provision;"
Sub-section 8B (4) Omit "punishable upon conviction by a fine not
exceeding $1,000", substitute:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $2,000; or
(b) if the offender is a body corporate - by a
fine not exceeding $5,000".
Sub-section 14 (8) Omit "punishable upon conviction by a fine not
exceeding $1,000", substitute:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $2,000; or
(b) if the offender is a body corporate - by a
fine not exceeding $5,000".
Sub-section 14 (11) Omit "punishable upon conviction by a fine not
exceeding $5,000" substitute:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $5,000; or
(b) if the offender is a body corporate - by a
fine not exceeding $10,000".
Section 16 Omit the penalty set out at the foot thereof,
substitute the following penalty:
"Penalty -
(a) if the offender is a natural person - $2,000;
or
(b) if the offender is a body corporate - $5,000." .
Section 29 Omit the penalty set out at the foot thereof,
substitute the following penalty:
"Penalty -
(a) if the offender is a natural person - $1,000;
or
(b) if the offender is a body corporate - $2,000." .
Section 31 Omit the penalty set out at the foot thereof,
substitute the following penalty:
"Penalty -
(a) if the offender is a natural person - $1,000;
or
(b) if the offender is a body corporate - $2,000." .
Section 32 Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000." .
Section 36 Add at the foot thereof "Penalty: $200.".
Section 37 Add at the foot thereof "Penalty: $200.".
Sub-section 45 (1A) Omit "or (1A): $200", substitute: "or (1A) -
(a) if the offender is a natural person - $2,000;
or
(b) if the offender is a body corporate - $5,000." .
Sub-section 45A (4) Add at the foot thereof "Penalty: $200.".
Section 45C Add at the foot thereof "Penalty: $1,000.".
Sub-section 46 (1) Add at the foot thereof:
"Penalty:
(a) if the offender is a natural person - $1,000;
or
(b) if the offender is a body corporate - $2,000." .
Sub-section 47A (3) Add at the foot thereof:
"Penalty (on owner or agent) -
(a) if the offender is a natural person - $1,000;
or
(b) if the offender is a body corporate - $2,000." .
Sub-section 47A (4) Add at the foot thereof:
"Penalty (on owner or agent) -
(a) if the offender is a natural person - $1,000;
or
(b) if the offender is a body corporate - $2,000." .
Sub-section 47A (8) Add at the foot thereof "Penalty for a
contravention of this sub-section: $500.".
Sub-section 48 (1) Add at the foot thereof "Penalty: $1,000.".
Sub-section 48A (1) Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000." .
Section 49 Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000." .
Sub-section 52 (1) Add at the foot thereof "Penalty: $500.".
Sub-section 53 (1) Add at the foot thereof "Penalty: $200.".
Sub-section 53 (2) Add at the foot thereof "Penalty: $200.".
Sub-section 54 (1) Add at the foot thereof "Penalty: $500.".
Sub-section 54 (3) Add at the foot thereof:
"Penalty for a contravention of this sub-section -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000." .
Sub-section 56 (1) Omit "indictable".
Section 60 Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $200; or
(b) if the offender is a body corporate - $400.".
Sub-section 60A (1) Omit "$400", substitute "$2,000".
Sub-section 61 (1) Add at the foot thereof "Penalty: $500.".
Sub-section 61 (2) Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000." .
Sub-section 62 (3) Omit "indictable".
Sub-section 62A (1) Add at the foot thereof "Penalty: $500.".
Sub-section 62A (4A) Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000." .
Sub-section 62A (6) Add at the foot thereof "Penalty: $500.".
Sub-section 62A (7) Add at the foot thereof:
"Penalty for a contravention of this sub-section -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000." .
Section 63 Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $2,000;
or
(b) if the offender is a body corporate - $5,000." .
Sub-section 66 (1) Add at the foot thereof "Penalty: $500.".
Sub-section 66 (2) Add at the foot thereof:
"Penalty for a contravention of this sub-section -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000.".
Sub-section 67 (1) Add at the foot thereof: "Penalty: $500.".
Sub-section 67 (2) Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000.".
Section 68 Insert after sub-section (1) the following
sub-section:
"(1A) A person who contravenes sub-section (1) is
guilty of an offence.".
Section 71 Omit sub-section (4).
Sub-section 75 (2) Add at the end thereof:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $500; or
(b) if the offender is a body corporate - by a
fine not exceeding $1,000".
Sub-section 75 (2B) Add at the end thereof:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $500; or
(b) if the offender is a body corporate - by a
fine not exceeding $1,000".
Sub-section 76 (1) Add at the foot thereof "Penalty: $500.".
Sub-section 76 (2) Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $500; or (b) if the offender is
a body corporate -
$1,000.".
Section 80 Add at the foot thereof:
"Penalty (on owner, employer, agent, master or
seaman) -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000.".
Section 99 Add at the end thereof "punishable on conviction
by a fine not exceeding $5,000 or imprisonment for a
period not exceeding 2 years, or both".
Section 100 Omit from the table -
(a) "7. Assaulting the master or
another officer of his ship
without lawful justification Imprisonment for 3 months or a
fine of $200";
and
(b) "9. Wilfully damaging his
ship or stealing or wilfully
damaging the equipment of his
ship Imprisonment for 9 months or a
fine of $200
"10. Stealing or wilfully dam-
aging the cargo of his ship or
the ship's stores Imprisonment for 3 months or a
fine of $200".
Section 102 Repeal the section.
Sub-section 104 (1) Omit the penalty set out at the foot thereof,
substitute the following penalty:
"Penalty: $500.".
Sub-section 111 (1) Add at the foot thereof "Penalty: $500.".
Sub-section 115 (1) Omit "shall impose", substitute "may impose".
Sub-section 115 (12) Add at the end thereof "punishable on conviction
by a fine not exceeding $500".
Sub-section 116 (2) Add at the foot thereof "Penalty (on master):
$2,000.".
Section 117 Add at the foot thereof "Penalty: $500.".
Section 119 Add at the foot thereof "Penalty: $500.".
Sub-section 120 (3) Add at the foot thereof "Penalty: $1,000.".
Sub-section 120 (4) Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $1,000;
or
(b) if the offender is a body corporate - $2,000.".
Sub-section 120 (5) Add at the foot thereof:
"Penalty for a contravention of this sub-section:
$500.".
Sub-section 125 (1) Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $2,000
or imprisonment for 12 months, or both; or
(b) if the offender is a body corporate - $5,000.".
Sub-section 126 (2) Add at the foot thereof:
"Penalty: $2,000 or imprisonment for 12 months, or both.".
Sub-section 132 (5) Omit "against this Act punishable upon conviction
by a fine not exceeding $400", substitute:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $2,000; or
(b) if the offender is a body corporate - by a
fine not exceeding $5,000".
Sub-section 132A (2) Omit the penalty set out at the foot thereof,
substitute the following penalty:
"Penalty -
(a) if the offender is a natural person - $1,000;
or
(b) if the offender is a body corporate -
$2,000.".
Section 133 Add at the end thereof the following sub-section:
"(3) A person who contravenes this section is
guilty of an offence punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $2,000 or imprisonment for 12
months, or both; or
(b) if the offender is a body corporate - by a
fine not exceeding $5,000.".
Section 138A Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate -
$1,000.".
Section 139 Add at the foot thereof "Penalty: $500.".
Section 142 Repeal the section.
Section 143 Repeal the section.
Section 144 Repeal the section.
Sub-section 145 (1) Omit "$200 or imprisonment for 3 months",
substitute "$1,000".
Sub-section 148A (3) Add at the end thereof "punishable on conviction
by a fine not exceeding
$5,000 or imprisonment for a period not exceeding
2 years, or both".
Sub-section 148B (2) Add at the end thereof "punishable on conviction
by a fine not exceeding
$5,000 or imprisonment for a period not exceeding
2 years, or both".
Sub-section 148C (5) Omit "against this Act", substitute:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding
$500; or
(b) if the offender is a body corporate - by a
fine not exceeding
$1,000".
Sub-section 152 (1) (a) Omit "he shall be accountable", substitute
"he is guilty of an
offence and shall be accountable".
(b) Insert "on conviction" after "liable".
(c) Omit "$200", substitute "$1,000".
Sub-section 152 (2) (a) Omit "he shall", substitute "he is guilty of
an offence and shall".
(b) Omit all the words after "liable", substitute
"on conviction, to a
penalty not exceeding treble the value of the
property not accounted
for, or, if that value is not ascertained -
(a) if the offender is a natural person - not
exceeding $1,000; or
(b) if the offender is a body corporate - not
exceeding $2,000".
Section 155 Add at the foot thereof "Penalty: $1,000".
Sub-section 156 (2) Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate -
$1,000.".
Section 160 Omit "indictable offence", substitute:
"offence punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding
$2,000 or imprisonment for a period not exceeding
12 months, or both; or
(b) if the offender is a body corporate - by a
fine not exceeding
$5,000".
Sub-section 164 (2) Add at the foot thereof "Penalty: $1,000.".
Section 165 Add at the foot thereof "Penalty: $500.".
Sub-section 167 (1) Add at the foot thereof "Penalty: $500.".
Sub-section 168 (1) Add at the foot thereof "Penalty: $500.".
Sub-section 168 (2) Add at the foot thereof "Penalty: $200.".
Section 169 Repeal the section.
Sub-section 171 (1) Add at the foot thereof "Penalty: $2,000.".
Sub-section 171 (4) Add at the foot thereof "Penalty: $2,000.".
Sub-section 171 (5) Add at the foot thereof "Penalty: $500.".
Sub-section 172 (2) Omit "indictable".
Sub-section 173 (1) Add at the foot thereof "Penalty: $200.".
Sub-section 173 (1A) Add at the foot thereof "Penalty: $200.".
Section 174 Omit the penalty set out at the foot thereof,
substitute the following
penalty:
"Penalty (on master or owner) -
(a) if the offender is a natural person - $200; or
(b) if the offender is a body corporate - $400.".
Sub-section 175 (1) Add at the foot thereof "Penalty: $2,000.".
Sub-section 175 (2) Add at the foot thereof "Penalty: $1,000.".
Sub-section 175 (3) Add at the foot thereof "Penalty: $500.".
Section 179 Omit from the table -
"5. Assaulting the master or another
officer of his ship without lawful
justification Imprisonment for 3 months or a fine of $200".
Section 182 Add at the foot thereof "Penalty: $200."
Sub-section 188 (4) Omit "punishable upon conviction by a fine not
exceeding $1,000".
Section 190AA Omit sub-sections (4) and (5), substitute the
following sub-section:
"(4) A person who, without reasonable excuse,
fails to comply
with any requirement made by the Minister or a
surveyor under this
section, is guilty of an offence punishable on
conviction -
(a) if the offender is a natural person - by a
fine not exceeding
$2,000; or
(b) if the offender is a body corporate - by a
fine not exceeding
$5,000.".
Sub-section 190A (1) Omit "each guilty of an offence", substitute ",
in respect of each day during which the notice is
not so given (including the day of a conviction under
this sub-section or any subsequent day), each guilty of
an offence punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $500; or
(b) if the offender is a body corporate - by a
fine not exceeding
$1,000".
Sub-section 191B (1) Omit "each guilty of an offence against this Act
punishable upon conviction by a fine not exceeding $1,000",
substitute ",in respect of each day during which the
ship is not kept so marked (including the
day of a conviction under this sub-section or any
subsequent day), each guilty of an offence punishable
on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $1,000;
or
(b) if the offender is a body corporate - by a
fine not exceeding
$2,000".
Sub-section 191B (2) Omit "against this Act punishable upon conviction
by a fine not exceeding $1,000".
Sub-section 192C (4) Omit "punishable upon conviction by a fine not
exceeding $2,000".
Sub-section 193 (1) Omit the penalty set out at the foot thereof,
substitute the following penalty:
"Penalty -
(a) if the offender is a natural person - $2,000;
or
(b) if the offender is a body corporate - $5,000." .
Section 196 Add at the foot thereof "Penalty: $200.".
Sub-section 202 (1) Omit the penalty set out at the foot thereof,
substitute the following penalty: "Penalty -
(a) if the offender is a natural person - $2,000
and an amount of $200 for each person on board in
excess of the number specified in the certificate
of the ship; or
(b) if the offender is a body corporate - $5,000
and an amount of $500 for each person on board in
excess of the number specified in the certificate
of the ship.".
Sub-section 202 (2) Add at the foot thereof:
"Penalty -
(a) if the offender is a natural person - $200; or
(b) if the offender is a body corporate - $400.".
Section 205 Repeal the section.
Section 206Q Add at the foot thereof "Penalty: $200.".
Section 206S (a) Omit the penalty set out at the foot thereof.
(b) Add at the end thereof the following
sub-section: "(3) A person who contravenes this
section is guilty of an offence.".
Section 206T (a) Omit the penalty set out at the foot thereof.
(b) Add at the end thereof the following
sub-section: "(4) A person who contravenes this
section is guilty of an offence.".
Section 206U (a) Omit the penalty set out at the foot thereof.
(b) Add at the end thereof the following
sub-section: "(2) A person who contravenes
sub-section (1) is guilty of an indictable offence
punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $10,000 or imprisonment for 4
years, or both; or
(b) if the offender is a body corporate - by a
fine not exceeding $40,000.".
Section 206V (a) Omit the penalty set out at the foot of
sub-section (1).
(b) Insert after sub-section (1) the following
sub-section: "(1A) A person who contravenes
sub-section (1) is guilty of an offence.".
(c) Omit from sub-section (5) "punishable upon
conviction by a fine not exceeding $1,000".
Sub-section 208 (1) Add at the end thereof: "punishable on conviction-
(a) if the offender is a natural person - by a
fine not exceeding $20,000 or imprisonment for a
period not exceeding 10 years, or both; or
(b) if the offender is a body corporate - by a
fine not exceeding $50,000".
Sub-section 208 (2) Add at the end thereof - "punishable on conviction
by a fine not exceeding $20,000 or imprisonment
for a period not exceeding 10 years, or both".
Sub-section 209 (2) Add at the foot thereof "Penalty (on master):
$1,000.".
Section 212 Add at the end thereof: "punishable on conviction
by a fine not exceeding $20,000 or imprisonment
for a period not exceeding 10 years, or both".
Section 217 (a) Omit the penalty set out at the foot of
sub-section (1).
(b) Omit sub-section (2), substitute the following
sub-section: "(2) A person who contravenes
sub-section (1) is guilty of an offence.".
Section 221 (a) Omit from sub-section (4) "punishable upon
conviction by a fine not exceeding $1,000".
(b) Omit from sub-section (8) "punishable upon
conviction by a fine not exceeding $1,000".
Sub-section 225 (1) Add at the foot thereof "Penalty: $200.".
Sub-section 225 (2) Add at the foot thereof "Penalty for a
contravention of this sub-section: $1,000.".
Section 227A (a) Omit the penalty set out at the foot of
sub-section (1).
(b) Insert after sub-section (1) the following
sub-section: "(1A) A person who contravenes
sub-section (1) is guilty of an offence.".
Sub-section 227B (1) Omit "offence against this Act", substitute
"indictable offence".
Section 227D (a) Omit from sub-section (1) "each guilty of an
offence against this Act punishable upon
conviction by a fine not exceeding $1,000",
substitute", in respect of each day during which
the ship is not so marked (including the day of a
conviction under this sub-section or any
subsequent day), each guilty of an offence
punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $1,000; or
(b) if the offender is a body corporate - by a
fine not exceeding $2,000".
(b) Omit from sub-section (2) "against this Act
punishable upon conviction by a fine not exceeding $1,000".
Section 228 Add at the end thereof the following sub-section:
"(2) A person who contravenes sub-section (1) is
guilty of an offence.".
Section 231A (a) Omit the penalty set out at the foot thereof.
(b) Add at the end thereof the following
sub-section: "(2) A person who contravenes
sub-section (1) is guilty of an offence.".
Section 231B Omit the penalty set out at the foot thereof,
substitute the following penalty: "Penalty -
(a) if the offender is a natural person - $2,000
or imprisonment for 12 months, or both; or
(b) if the offender is a body corporate - $5,000.".
Section 231C Omit the penalty set out at the foot thereof,
substitute the following penalty:
"Penalty: $2,000 or imprisonment for 12 months, or both.".
Section 231E Add at the foot thereof "Penalty: $2,000.".
Section 233 (a) Omit the penalty set out at the foot thereof.
(b) Add at the end thereof the following sub-
section:
"(2) A person who contravenes sub-section (1) is
guilty of an offence.".
Section 235 (a) Omit from sub-section (1) "$500", substitute
"$2,000".
(b) Omit from sub-section (2) "$100", substitute
"$2,000".
Section 236 Omit "$500", substitute "$2,000".
Section 249 (a) Omit the penalty set out at the foot of sub-
section (1).
(b) Insert after sub-section (1) the following sub-
section (1).
(b) Insert after sub-section (1) the following sub-
section:
"(1A) A person who contravenes sub-section (1) is
is guilty of an offence.".
Sub-section 251 (2) Add at the foot thereof "Penalty (on master):
$1,000.".
Section 253 (a) Omit the penalties set out at the foot of sub-
sections (1) and (2).
(b) Insert after sub-section (1) the following sub-section:
"(1A) A person who contravenes sub-section (1) is
guilty of an offence.".
(c) Add at the end thereof the following sub-
section:
"(3) A person who contravenes sub-section (2) is
guilty of an offence.".
Section 253A (a) Omit the penalty set out at the foot of sub-
section (2).
(b) Add at the end thereof the following sub-
section:
"(3) A person who contravenes sub-section (2) is
guilty of an of an offence.".
Section 254 (a) Omit the penalty set out at the foot of sub-
section (1).
(b) Add at the end thereof the following sub-
section:
"(3) A person who contravenes sub-section (1) is
guilty of an indictable offence punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $10,000 or imprisonment for
4 years, or both; or
(b) if the offender is a body corporate - by a
fine not exceeding
$40,000.".
Section 255 Omit the penalty set out at the foot thereof,
substitute the following
penalty:
"Penalty -
(a) if the offender is a natural person - $2,000;
or
(b) if the offender is a body corporate -
$5,000.".
Section 256 Omit the penalty set out at the foot thereof,
substitute the following
penalty:
"Penalty -
(a) if the offender is a natural person - $5,000;
or
(b) if the offender is a body corporate -
$10,000.".
Sub-section 257 (3) Omit "punishable upon conviction by a fine not
exceeding $2,000",
substitute:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not ex-
ceeding $5,000; or
(b) if the offender is a body corporate - by a
fine not ex-
ceeding $10,000.".
Section 258 Omit sub-sections (2) and (4).
Section 258A Add at the end thereof the following sub-section:
"(2) A person who contravenes sub-section (1) is
guilty of an indictable offence punishable on
conviction by a fine not exceeding $10,000 or
imprisonment for a period not exceeding 4 years,
or both.".
Section 264 Omit sub-section (2), substitute the following sub-
section:
"(2) A person in charge of any ship who, without
reasonable cause, fails to comply with sub-section (1) is
guilty of an indictable offence punishable on
conviction by a fine not exceeding $20,000 or
imprisonment for a period not exceeding 10 years,
or both.".
Section 265 (a) Omit sub-section (5), substitute the following
sub-section -
"(5) A person who fails to comply with sub-section
(1) is guilty of an indictable offence punishable
on conviction by a fine not exceeding $10,000 or
imprisonment for a period not exceeding 4 years or both.
"(5A) A person who fails to comply with sub-
section (2) is guilty of an indictable offence
punishable on conviction by a fine not exceeding
$20,000 or imprisonment for a period not exceeding 10
years, or both.".
(b) Add at the foot of sub-section (6) "Penalty:
$1,000.".
Sub-section 268 (1) Add at the foot thereof "Penalty: $2,000.".
Section 269 Add at the foot thereof "Penalty: $500.".
Section 269A Add at the foot thereof "Penalty: $5,000.".
Sub-section 269N (1) Omit "punishable upon conviction by a fine not
exceeding $2,000",
substitute:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding
$5,000; or
(b) if the offender is a body corporate - by a
fine not exceeding
$10,000".
Section 275 Omit the penalty set out at the foot thereof,
substitute the following
penalty:
"Penalty (on master or owner) -
(a) if the offender is a natural person - $500; or
(b) if the offender is a body corporate - $1,000.".
Section 277 Repeal the section.
Sub-section 278 (1) (a) Omit "or injure".
(b) Add at the foot thereof "Penalty: $500.".
Sub-section 278 (3) Add at the foot thereof "Penalty for a
contravention of this sub-section:
$200.".
Sub-section 280 (1) Add at the foot thereof "Penalty: $500.".
Section 281 Add at the foot thereof "Penalty: $500.".
Sub-section 282 (1) Add at the foot thereof "Penalty: $500.".
Sub-section 283F (3) Omit "punishable upon conviction by a fine not
exceeding $1,000",
substitute:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $2,000; or
(b) if the offender is a body corporate - by a
fine not exceeding $5,000".
Sub-section 283G (4) Omit "punishable upon conviction by a fine not
exceeding $1,000", substitute:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $2,000; or
(b) if the offender is a body corporate - by a
fine not exceeding $5,000".
Sub-section 287 (1) Omit the penalty set out at the foot thereof,
substitute the following pealty:
"Penalty (on master, owner, or agent) -
(a) if the offender is a natural person - by a
fine not exceeding $5,000; or
(b) if the offender is a body corporate - by a
fine not exceeding $10,000.".
Section 288 (a) Omit sub-section (1), substitue the following
sub-section:
"(1) Subject to this Act, where a ship that is not
licenced to do so engages in the coasting trade,
the master, owner and agent of the ship are each
guilty of an indictable offence punishable on
conviction -
(a) if the offender is a natural person - by a
fine not exceeding $5,000; or
(b) if the offender is a body corporate - by a
fine not exceeding $10,000.".
(b) Omit from sub-section (4) all the words after
"guilty of" (first occurring), substitute "an
indictable offence punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $5,000; or
(b) if the offender is a body corporate - by a
fine not exceeding $10,000.".
Sub-section 296 (2) Add at the foot thereof "Penalty for a
contravention of this sub-section:
$500.".
Section 297 Add at the foot thereof "Penalty: $500.".
Section 298 Add at the foot thereof "Penalty: $500.".
Section 302 Add at the foot thereof "Penalty: $1,000.".
Sub-section 303 (1) Add at the foot thereof "Penalty: $1,000.".
Section 312 Omit "indictable".
Sub-section 313 (1) Add at the foot thereof "Penalty: $500.".
Section 314 Omit "$200", substitute "$2,000.".
Sub-section 317A (2) Add at the end thereof:
"punishable on conviction by a fine not exceeding
$20,000 or imprisonment for a period not exceeding
10 years, or both".
Section 370B Omit "$200 or imprisonment for 3 months",
substitute "$1,000 or imprisonment for 6 months"
Sub-section 377A (2) Add at the foot thereof "Penalty: $500.".
Section 386 Add at the foot thereof "Penalty: $1,000.".
Section 387 Omit "indictable".
Section 387A Add at the foot thereof "Penalty: $500.".
Section 387B Add at the foot thereof "Penalty: $200.".
Sub-section 388 (1) Add at the foot thereof "Penalty: $500.".
Section 389 Omit "indictable".
Sub-section 389A (2) Add at the end thereof:
"punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $5,000 or imprisonment for
a period not exceeding 2 years, or both; or
(b) if the offender is a body corporate - by a
fine not exceeding $20,000".
Sub-section 389A (4) Add at the foot thereof "Penalty: $500.".
Section 390 Repeal the section.
Sections 392, 393 and 394 Repeal the sections, substitute the following
sections:
Penalties for certain offences
"392. (1) An offence against sub-section 56 (1),
62 (3), 68 (1A), 172 (2), 191B (2), 227D (2),
228 (2), 231A (2), or 253 (3), section 312, 387
or 389 or a regulation made by virtue of section
258 is an indictable offence punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $5,000 or imprisonment for a
period not exceeding 2 years, or both; or
(b) if the offender is a body corporate - by a
fine not exceeding $20,000.
"(2) An offence against sub-section 188 (4), 192C
(4) , 206H (2), 206S (3), 206T (4), 206V (1A),
206V (5), 217 (2), 221 (4), 221 (8), 227A (1A),
249 (1A), 253 (1A) OR 253A (3) is an indictable
offence punishable on conviction -
(a) if the offender is a natural person - by a
fine not exceeding $10,000 or imprisonment for
a period not exceeding 4 years; or
(b) if the offender is a body corporate - by a
fine not exceeding $40,000.
Continuing offences
"393. Where by a provision of this Act an act or
thing is required to be done within a particular
period or before a particular time, the
obligation to do that act or thing continues,
notwithstanding that that period has expired or
that time has passed, until that act or thing is
done.
Prosecution of offences
"394. (1) An offence against this Act, other than
an offence that is expressed to be an indictable
offence, shall be prosecuted summarily.
"(2) Notwithstanding that an offence is expressed
by this Act to be < an indictable offence, a court
of summary jurisdiction may hear and determine
proceedings in respect of such an offence if the
court is satisfied that it is proper to do so and the
defendant and the prosecutor consent.
"(3) Sub-section (2) does not apply in respect of
an offence against sub-section 206U (2), 208 (1)
or 208 (2), section 212 or sub-section 254 (3),
264 (2), 265 (5), 265(5A), 317A (2) or 389A (2).
"(4) Where, in accordance with sub-section (2), a
court of summary jurisdiction convicts a person
of an offence, the penalty that the court may
impose is -
(a) in the case of an offence against section 99,
sub-section 148A (3), 148B (2), 258A (2) or
414 (2) - a fine not exceeding $2,000 or
imprisonment for a period not exceeding 12 months,
or both;
(b) in the case of an offence against sub-section
56 (1), 62 (3), 68 (1A), 172 (2), 188 (4), 191B
(2) , 192C (4), 221 (4), 221 (8), 227D (2), 228 (2),
231A (2), 233 (2), 249 (1A), 253 (1A), 253 (3),
253A (3), section 312, 387 or 389 or a regulation
made by virtue of section 258 -
(i) if the offender is a natural person - a fine
not exceeding $2,000 or imprisonment for a period
not exceeding 12 months, or both; or
(ii) if the offender is a body corporate - a fine
not exceeding $5,000;
(c) in the case of an offence against sub-section
206H (2), 206S (3), 206T (4), 206V (1A), 206V (5),
217 (2), 227A (1A) or 227B (1) -
(i) if the offender is a natural person - a fine
not exceeding $5,000 or imprisonment for a period
not exceeding 12 months, or both; or
(ii) if the offender is a body corporate - a fine
not exceeding $10,000; or
(d) in the case of an offence against sub-section
288 (1) or (4) -
(i) if the offender is a natural person - a fine
not exceeding $2,000; or
(ii) if the offender is a body corporate - a fine
not exceeding $5,000.
Joinder of charges and penalties for certain
offences
"395. (1) Charges against the same person for any
number of offences against sub-section 190A (1),
191B (1) or sub-section 227D (1) may be joined in
the same information or complaint if those
offences relate to a failure to do the same act
or thing.
"(2) If a person is convicted of 2 or more
offences referred to in sub-section (1), being
offences related to a failure to do the same act
or thing, the court may impose one penalty in
respect of both or all of those offences, but that
penalty shall not exceed the sum of the maximum
penalties that could be imposed if a penalty were
imposed in respect of each offence separately.".
Section 397 Omit sub-section (2), substitute the following
sub-section:
"(2) This section applies to offences against the
following provisions of this Act:
Sub-sections 14 (8) and (11), section 16 items 4,
6 and 8 of the table at the foot of section 100,
sub-sections 125 (1), 188 (4), 190A (1), 191B (1)
and (2), 192C (4), 193 (1), 202 (1), 206H (2),
206S (3), 206T (4), 206U (2), 206V (1A) and (5),
217 (2), 221 (4) and (8), 227A (1A), 227B (1),
227D (1) and (2), 228 (2), 231A (2), section 231B,
sub-sections 231C (1) and (2), section 233 (2),
sub-section 235 (1) and (2), section 236,
sub-sections 249 (1A), 253 (1A) and (3), 253A (3),
254 (3), sections 255 and 256 and sub-sections
268 (1) and 269A (1).".
Section 405K Omit sub-section (2) and (3), substitute the
following sub-section:
"(2) A person shall not, without reasonable
excuse, fail to comply with a requirement made by
a surveyor under sub-section (1).
Penalty: $500.".
Sub-section 410 (1) Add at the foot thereof "Penalty: $200.".
Sub-section 410A (1) Omit the penalty set out at the foot thereof,
substitute the following penalty:
"Penalty (on the master or owner) -
(a) if the offender is a natural person - $2,000
or imprisonment for 12 months, or both; or
(b) if the offender is a body corporate - $5,000.".
Sub-section 410A (2) Omit "$200", substitute "$2,000 or imprisonment
for 12 months, or both".
Sub-section 413 (2) Add at the foot thereof "Penalty: $1,000.".
Sub-section 414 (2) Omit all the words after "guilty of", substitute
"an indictable offence punishable on conviction by
a fine not exceeding $5,000 or imprisonment for a
period not exceeding 2 years, or both".
Section 415 Repeal the section, substitute the following
section:
Taking official to sea
"415. If an official performing any duty under
this Act is taken to sea in a ship without his
consent, the master and the owner of the ship are
each guilty of an offence punishable on
conviction -
(a) if the offender is a natural person - by a
fine not exceeding $1,000 or imprisonment for a
period not exceeding 3 months, or both; or
(b) if the offender is a body corporate - by a
fine not exceeding $2,000,
and, in addition to that penalty, are jointly and
severally liable to pay all expenses incidental
to the official's return to duty.".
Sub-section 417 (1) Add at the foot thereof "Penalty: $200".
Sub-section 417 (2) Add at the foot thereof "Penalty: $200".
Section 425 Omit paragraph (1) (h), substitute the following
paragraph:
"(h) the imposition of penalties not exceeding -
(i) where the offender is a natural person - a
fine of $2,000 or imprisonment for a period of 12
months, or both; or
(ii) where the offender is a body corporate - a
fine of $5,000, for a contravention of, or
failure to comply with, a provision of the
regulations, a provision of any of the orders
made in pursuance of the regulations or a
notice, order, direction or instruction given,
issued or made under, or in force by virtue of,
the regulations;".
------------------------------------------------------------------------------
--
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback