Commonwealth Numbered Acts

TRANSPORT LEGISLATION AMENDMENT ACT 1988 No. 57 of 1988 - SCHEDULE 2

SCHEDULE 2
Section 7
AMENDMENTS OF NAVIGATION ACT 1912 IN RELATION TO OFFENCES AND PENALTIES
Subsection 6 (1) (definition of "contravention"):
Omit the definition. Subsection 8B (4):

   (a)  Omit "or not complied with".

   (b)  Omit all the words from and including "conviction", substitute
        "conviction by a fine not exceeding $2,000". Subsection 14 (8):

   (a)  Omit "or not complied with" (wherever occurring).

   (b)  Omit all the words from and including "conviction", substitute
        "conviction by a fine not exceeding $2,000". Subsection 14 (11):

   (a)  Omit "or not complied with".

   (b)  Omit all the words from and including "conviction", substitute
        "conviction by a fine not exceeding $5,000". Section 32:
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 45 (1A):
Omit all the words from and including "or (1A)", substitute "or (1A): $2,000".
Subsection 46 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $2,000.". Section 48A:
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 52 (2):
Omit the subsection, substitute the following penalty:

"Penalty (on owner and master): $1,000.". Subsection 53 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 53 (2):
Omit the penalty, substitute the following penalty:

"Penalty: $500.". Section 56:
Add at the end "punishable on conviction by a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both". Section 61:
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 62A (1):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Section 63:
Omit the penalty, substitute the following penalty:

"Penalty: $2,000.". Subsection 76 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 104 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Section 117:
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 120 (4):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 120 (5):
Omit the subsection. Subsection 125 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $2,000.". Subsection 132 (5):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $2,000". Subsection 132A (2):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 133 (3):
Omit the subsection , substitute the following penalty:

"Penalty: $2,000 or imprisonment for 12 months, or both.". Section 138A:
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 139 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 148A (3):
Omit the subsection , substitute the following penalty:

"Penalty: $5,000 or imprisonment for 2 years, or both.". Subsection 148C (5):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $1,000". Subsection 152 (1):
Omit all the words from and including "exceeding treble", substitute
"exceeding $1,000". Subsection 152 (2):
Omit all the words from and including "exceeding treble", substitute
"exceeding $1,000". Subsection 156 (2):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Section 160:
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $2,000 or imprisonment for a period not exceeding 12
months, or both". Subsection 164 (2):
Omit the penalty, substitute the following penalty:

"Penalty: $5,000 or imprisonment for 2 years, or both.". Subsection 167 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 168 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 168 (2):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 172 (2):
Omit the subsection, substitute the following penalty:

"Penalty: $5,000 or imprisonment for 2 years, or both.". Section 174:
Omit the penalty, substitute the following penalty:

"Penalty (on master or owner): $1,000.". Section 182:
Repeal the section. Subsection 188 (4):

   (a)  Omit "or not complied with".

   (b)  Add at the end "punishable on conviction by a fine not exceeding
        $10,000 or imprisonment for a period not exceeding 4 years, or both".
        Subsection 190AA (4):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $2,000". Subsection 190A (1):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $1,000". Subsection 191B (1):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $2,000". Subsection 191B (2):
Add at the end "punishable on conviction by a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both". Subsection 192C
(4):
Add at the end "punishable on conviction by a fine not exceeding $10,000 or
imprisonment for a period not exceeding 4 years, or both". Subsection 193 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $2,000.". Section 196:
Omit the penalty, substitute the following penalty:

"Penalty: $500.". Subsection 202 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $2,000 and an amount of $200 for each person on board in excess of
the number specified in the certificate of the ship.". Subsection 202 (2):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 206H (2):
Add at the end "punishable on conviction by a fine not exceeding $10,000 or
imprisonment for a period not exceeding 4 years, or both". Section 206Q:
Omit the penalty, substitute the following penalty:

"Penalty: $500.". Subsection 206S (3):
Omit the subsection, substitute the following penalty:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 206T (4):
Omit the subsection, substitute the following penalty:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 206U (2):
Omit the subsection, substitute the following penalty:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 206V
(1A):
Omit the subsection, substitute the following penalty:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 206V (5):

   (a)  Omit "or not complied with".

   (b)  Add at the end "punishable on conviction by a fine not exceeding
        $10,000 or imprisonment for a period not exceeding 4 years, or both".
        Subsection 208 (1):

   (a)  Omit "indictable".

   (b)  Omit all the words from and including "conviction", substitute
        "conviction by a fine not exceeding $20,000 or imprisonment for a
        period not exceeding 10 years, or both". Subsection 208 (2):
Omit "indictable". Section 212:
Omit "indictable". Subsections 217 (1), (2) and (3):
Add at the end "punishable on conviction by a fine not exceeding $10,000 or
imprisonment for a period not exceeding 4 years, or both". Subsection 221 (4):
Add at the end "punishable on conviction by a fine not exceeding $10,000 or
imprisonment for a period not exceeding 4 years, or both". Subsection 221 (8):
Add at the end "punishable on conviction by a fine not exceeding $10,000 or
imprisonment for a period not exceeding 4 years, or both". Subsection 225 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $500.". Subsection 227A (1A):
Omit the subsection, substitute the following penalty:

"Penalty: $5,000 or imprisonment for 2 years, or both.". Subsection 227D (1):
Omit all the words from and including "conviction" (last occurring),
substitute "conviction by a fine not exceeding $1,000". Subsection 227D (2):
Add at the end "punishable on conviction by a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both". Subsection 228 (2):
Omit the subsection, substitute the following penalty:

"Penalty: $5,000 or imprisonment for 2 years, or both.". Subsection 231A (2):
Omit the subsection, substitute the following penalty:

"Penalty: $5,000 or imprisonment for 2 years, or both.". Section 231B:
Omit the penalty, substitute the following penalty:

"Penalty: $2,000 or imprisonment for 12 months, or both.". Section 231C:
Omit the penalty, substitute the following penalty:

"Penalty: $5,000 or imprisonment for 2 years, or both.". Subsection 233 (2):
Omit the subsection, substitute the following penalty:

"Penalty: $5,000 or imprisonment for 2 years, or both.". Subsection 249 (1A):
Omit the subsection, substitute the following penalty:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 253 (1A):
Omit the subsection, substitute the following penalty:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 253 (3):
Omit the subsection, substitute the following penalty:

"Penalty: $5,000 or imprisonment for 2 years, or both.". Subsection 253A (3):
Omit the subsection, substitute the following penalty:

"Penalty for contravention of subsection (2): $10,000 or imprisonment for 4
years, or both.". Subsection 254 (1):
Add at the foot:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 254 (3):
Omit the subsection. Section 255:
Omit the penalty, substitute the following penalty:

"Penalty: $2,000.". Subsection 257 (3):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $5,000". Subsection 258A (2):
Omit the subsection, substitute the following penalty:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 264 (2):
Omit "indictable". Subsection 265 (1):
Add at the foot:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 265 (2):
Add at the foot:

"Penalty: $20,000 or imprisonment for 10 years, or both.". Subsections 265 (5)
and (5A):
Omit the subsections. Subsection 265 (6):
Omit the penalty, substitute the following penalty:

"Penalty: $2,000". Subsection 267D (1):
Omit all the words from and including "exceeding", substitute "exceeding
$1,000". Paragraph 267D (2) (c):
Omit all the words from and including "exceeding", substitute "exceeding
$1,000". Subsection 267E (2):
Omit all the words from and including "exceeding", substitute "exceeding
$2,000". Subsection 267G (3):
Omit the penalty, substitute the following penalty:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Section 267J:
Omit "Penalty:". Subsection 267K (4):
Omit all the words from and including "exceeding", substitute "exceeding
$10,000". Section 267L:
Repeal the section. Subsection 267S (1):
Omit all the words from and including "exceeding", substitute "exceeding
$1,000". Paragraph 267S (2) (c):
Omit all the words from and including "exceeding", substitute "exceeding
$1,000". Subsection 267T (2):
Omit all the words from and including "exceeding", substitute "exceeding
$2,000". Subsection 267V (1):
Omit the penalty, substitute the following penalty:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Section 267X:
Omit "Penalty:". Subsection 267Y (4):
Omit all the words from and including "exceeding", substitute "exceeding
$10,000". Section 267Z:
Repeal the section. Subsection 267ZJ (1):
Omit all the words from and including "exceeding", substitute "exceeding
$1,000". Paragraph 267ZJ (2) (c):
Omit all the words from and including "exceeding", substitute "exceeding
$1,000". Subsection 267ZK (2):
Omit all the words from and including "exceeding", substitue "exceeding
$2,000". Subsection 267ZM (1):
Add at the foot:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 267ZM
(2):
Omit the penalty, substitute the following penalty:

"Penalty: $10,000 or imprisonment for 4 years, or both.". Subsection 267ZQ
(4):
Omit all the words from and including "exceeding", substitute "exceeding
$10,000". Section 267ZR:
Repeal the section. Subsection 269N (1):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $5,000". Section 275:
Omit the penalty, substitute the following penalty:

"Penalty (on master or owner): $1,000.". Subsection 278 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $1,000.". Subsection 278 (3):
Omit "$200", substitute "$500". Subsection 283F (3):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $2,000". Subsection 283G (4):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $2,000". Subsection 287 (1):
Omit the penalty, substitute the following penalty:

"Penalty (on master, owner or agent): $5,000.". Subsection 288 (1):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $5,000". Subsection 288 (4):

   (a)  Omit "indictable".

   (b)  Omit all the words from and including "conviction", substitute
        "conviction by a fine not exceeding $5,000". Section 312:
Add at the end "punishable on conviction by a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both". Subsection 317A
(2):
Omit "indictable". Section 387:
Add at the end "punishable on conviction by a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both". Section 389:
Add at the end "punishable on conviction by a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both". Subsection 389A
(2):

   (a)  Omit "indictable".

   (b)  Omit all the words from and including "conviction", substitute
        "conviction by a fine not exceeding $5,000 or imprisonment for a
        period not exceeding 2 years, or both". Sections 392, 393, 394 and
        395:
Repeal the sections. Subsection 397 (2):
Omit the subsection, substitute the following subsection:

"(2) This section applies to offences against the following provisions of this
Act:
subsections 14 (8) and (11), section 16, subsections 125 (1), 188 (4) and 190A
(1), section 191B, subsections 192C (4), 193 (1), 202 (1) and 206H (2),
sections 206S, 206T and 206U, subsections 206V (1) and (5), section 217,
subsections 221 (4) and (8), 227A (1) and 227B (1), sections 227D, 228, 231A,
231B, 231C and 233, subsections 235 (1) and (2), section 236, subsection 249
(1), section 253, subsections 253A (2) and 254 (1), section 255 and
subsections 268 (1) and 269A (1).". Subsection 410 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $500.". Subsection 410A (1):
Omit the penalty, substitute the following penalty:

"Penalty (on master or owner): $2,000 or imprisonment for 12 months, or
both.". Subsection 414 (2):
Omit "indictable". Section 415:
Omit the words from and including "conviction" to the end of paragraph (b),
substitute "conviction by a fine not exceeding $1,000 or imprisonment for a
period not exceeding 6 months, or both,". Subsection 417 (1):
Omit the penalty, substitute the following penalty:

"Penalty: $500.". Subsection 423B (3):
Omit all the words from and including "conviction", substitute "conviction by
a fine not exceeding $2,000 or imprisonment for a period not exceeding 12
months, or both". Subparagraph 425 (1) (h) (ii):
Omit "$5,000", substitute "$10,000". Paragraph 425 (1) (h):
Omit ", or failure to comply with,".
ADDITIONAL NOTES 1. On the day on which section 46 of the Navigation Act 1912
is amended by Schedule 1 to this Act, the heading to that section is altered
by omitting "in Australia". 2. On the day on which section 61 of the
Navigation Act 1912 is amended by Schedule 1 to this Act, the heading to that
section is omitted and the following heading is substituted:

"Provision of discharges to seamen". 3. On the day on which section 124 of the
Navigation Act 1912 is amended by this Act, the heading to that section is
altered by omitting ", seamen and apprentices" and substituting "and seamen".