Commonwealth Consolidated Acts

NAVIGATION ACT 2012 - SECT 193

  (1)   A person contravenes this subsection if:

  (a)   the person is given a notice under subsection   191(1); and

  (b)   the person fails to comply with the notice.

  (2)   Subsection   (1) does not apply if the person has a reasonable excuse.

Strict liability offence

  (3)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   60 penalty units.

Note 1:   For strict liability, see section   6.1 of the Criminal Code .

Note 2:   The 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:   600 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 matter in that subsection.