Commonwealth Consolidated Acts

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NAVIGATION ACT 2012 - SECT 232

Notification about wrecks

  (1)   The master or owner of any vessel that is wrecked, stranded, sunk or abandoned or has foundered must notify AMSA within the period prescribed by the regulations of the following matters:

  (a)   the name and principal place of business of the owner of the vessel;

  (b)   the location of the vessel;

  (c)   the type, size and construction of the vessel;

  (d)   the nature and quantity of cargo and any hazardous or noxious substances on board the vessel;

  (e)   the amount and type of oil, including bunker and lubricating oil, on board the vessel.

  (2)   Subsection   (1) does not apply to a foreign vessel if it is not situated in the territorial sea of Australia.

Fault - based offence

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

Penalty:   60 penalty units.

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 matter in that subsection.



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