Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person contravenes this subsection if:
(a) the person does an act or omits to do an act; and
(b) the act or omission results in:
(i) the destruction or fouling of an AMSA aid to navigation; or
(ii) damage to, or reduction in or limitation of the effectiveness of, an AMSA aid to navigation; and
(c) the person is reckless as to whether the act or omission will have that result.
(2) Subsection (1) does not apply if:
(a) the act or omission was necessary to save a life or a vessel, or to prevent pollution; and
(b) the person took all reasonable steps to avoid the destruction, fouling, damage, reduction or limitation.
Fault - based offence
(3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 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: 3,000 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.