Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38EA

Contravening condition of permission or authority

  (1)   A person commits an offence if:

  (a)   the person is authorised to do something by:

  (i)   a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or

  (ii)   an authority given in accordance with a condition of a permission referred to in subparagraph   (i); and

  (b)   the permission is subject to a condition; and

  (c)   the person engages in conduct; and

  (d)   the conduct contravenes the condition.

Penalty:

  (a)   for an aggravated offence--1,000 penalty units; or

  (b)   in any other case--500 penalty units.

  (2)   Absolute liability applies to paragraphs   (1)(a) and (b).

Note:   For absolute liability, see section   6.2 of the Criminal Code .

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

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

Contravening condition of permission or authority: strict liability

  (4)   A person commits an offence if:

  (a)   the person is authorised to do something by:

  (i)   a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or

  (ii)   an authority given in accordance with a condition of a permission referred to in subparagraph   (i); and

  (b)   the permission is subject to a condition; and

  (c)   the person engages in conduct; and

  (d)   the conduct contravenes the condition.

Penalty:   60 penalty units.

  (5)   Strict liability applies to subsection   (4).

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

Defence--certain discharges of fish from vessels and aircraft

  (6)   Subsections   (1) and (4) do not apply to the discharge of waste from a vessel or aircraft if:

  (a)   the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and

  (b)   the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph.

Note:   The defendant bears an evidential burden in relation to the matters in this subsection. See subsection   13.3(3) of the Criminal Code .

Defence--certain discharges from vessels, aircraft and platforms

  (7)   Subsections   (1) and (4) do not apply to the discharge of waste from a vessel, aircraft or platform if any of the following apply in relation to the discharge:

  (a)   it was for the purpose of securing the safety of the vessel, aircraft or platform;

  (b)   it was for the purpose of saving life at sea;

  (c)   it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:

  (i)   a prescribed officer within the meaning of subsection   3(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ; or

  (ii)   the Authority under section   38DE.

Note:   The defendant bears an evidential burden in relation to the matters in this subsection. See subsection   13.3(3) of the Criminal Code .