Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who is given a direction under section 147 must comply with the direction.
(2) Subsection (1) does not apply if:
(a) the failure to comply with the direction resulted from the need to save life at sea or was due to an emergency involving a threat to a person's life; or
(b) compliance with the direction was not possible.
Fault - based offence
(3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 10 years or 600 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
Civil penalty
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 6,000 penalty units.
(5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.