(1) A person who is given a direction under section 246 must comply with the direction or ensure that the direction is complied with.
(2) Subsection (1) does not apply if non - compliance with the direction is necessary to save a person's life at sea or is due to an emergency involving a threat to a person's life.
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 matter in that subsection.