Commonwealth Consolidated Acts Commonwealth Consolidated ActsOffence--intentional breach
(1) A person commits an offence if:
(a) the person is the owner or master of a vessel; and
(b) the vessel is subject to a determination under subsection 136(2); and
(c) in breach of the determination, the vessel enters or is present in the safety zone specified in the determination.
Penalty: Imprisonment for 15 years.
(2) The fault element for paragraph (1)(c) is intention.
Offence--reckless breach
(3) A person commits an offence if:
(a) the person is the owner or master of a vessel; and
(b) the vessel is subject to a determination under subsection 136(2); and
(c) in breach of the determination, the vessel enters or is present in the safety zone specified in the determination.
Penalty: Imprisonment for 12.5 years.
(4) The fault element for paragraph (3)(c) is recklessness.
Offence--negligent breach
(5) A person commits an offence if:
(a) the person is the owner or master of a vessel; and
(b) the vessel is subject to a determination under subsection 136(2); and
(c) in breach of the determination, the vessel enters or is present in the safety zone specified in the determination.
Penalty: Imprisonment for 10 years.
(6) The fault element for paragraph (5)(c) is negligence.
Offence--strict liability
(7) A person commits an offence of strict liability if:
(a) the person is the owner or master of a vessel; and
(b) the vessel is subject to a determination under subsection 136(2); and
(c) in breach of the determination, the vessel enters or is present in the safety zone specified in the determination.
Penalty: Imprisonment for 5 years.
Defence
(8) In a prosecution for an offence against subsection (1), (3), (5) or (7), it is a defence if the defendant proves that:
(a) an unforeseen emergency rendered it necessary for the vessel to enter or be present in the safety zone in order to attempt to secure the safety of:
(i) the vessel; or
(ii) another vessel; or
(iii) offshore renewable energy infrastructure or offshore electricity transmission infrastructure; or
(iv) any other structure or equipment; or
(v) human life; or
(b) an unforeseen emergency rendered it necessary for the vessel to enter or be present in the safety zone in order to prevent pollution; or
(c) the vessel entered or was present in the safety zone in circumstances not under the control of the person who was in charge of the navigational watch of the vessel.
Note: A defendant bears a legal burden in relation to the matters in subsection (8) (see section 13.4 of the Criminal Code ).