Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The master of a vessel contravenes this subsection if:
(a) a mandatory ship routeing system applies to the vessel; and
(b) the master does not navigate in accordance with the system.
(2) Subsection (1) does not apply if the master did not navigate in accordance with the mandatory ship routeing system because of stress of weather, saving life at sea or other unavoidable cause.
Fault - based offence
(3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 12 months or 60 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: 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 matters in that subsection.