Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A contravention of a civil penalty provision of this Part by a person is an aggravated contravention if the person's act or omission that constituted the contravention:
(a) resulted in serious harm to the marine environment; or
(b) had the potential to cause serious harm to the marine environment.
(2) In determining whether an act or omission has resulted in serious harm to the marine environment, the eligible court may have regard to the following:
(a) the harm;
(b) the size of the affected environment;
(c) the sensitivity of the affected environment;
(d) the significance of the affected environment;
(e) whether the harm is irreversible;
(f) the measures required to remedy the harm.
(3) In determining whether an act or omission had the potential to cause serious harm to the marine environment, the eligible court may have regard to the following:
(a) the potential harm;
(b) the size of the potentially affected environment;
(c) the sensitivity of the potentially affected environment;
(d) the significance of the potentially affected environment;
(e) whether the harm would have been irreversible, had it occurred;
(f) the measures that would have been required to remedy the harm, had it occurred.
(4) If AMSA intends to prove that the person has committed an aggravated contravention, AMSA's application for a civil penalty order in relation to the contravention must specify the relevant aggravated contravention.
(5) If, in proceedings for a civil penalty order in relation to an aggravated contravention of a provision of this Part, the eligible court:
(a) is not satisfied that the person has committed an aggravated contravention of that provision; and
(b) is satisfied beyond reasonable doubt that the person has contravened that provision;
the eligible court may make a civil penalty order against the person not for the aggravated contravention but for the contravention of that provision.