Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38DA

  (1)   A person commits an offence if:

  (a)   the person is in charge of a vessel; and

  (b)   the vessel is in the Marine Park; and

  (c)   the person's charge of the vessel results in, or is likely to result in, the vessel causing damage to the environment in the Marine Park.

Penalty:

  (a)   for an aggravated offence--imprisonment for 3 years or 2,000 penalty units, or both; or

  (b)   in any other case--1,000 penalty units.

Note:   See also Division   8.

  (2)   Strict liability applies to paragraph   (1)(b).

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

  (3)   The fault element for paragraph   (1)(c) is negligence.

Note:   For negligence, see section   5.5 of the Criminal Code .