Commonwealth Consolidated Acts

OFFSHORE ELECTRICITY INFRASTRUCTURE ACT 2021 - SECT 141

  (1)   An authorised safety zone official may:

  (a)   require the master of a vessel that satisfies the following conditions:

  (i)   the vessel is in a safety zone;

  (ii)   the vessel is not specified under paragraph   136(3)(b) in the determination of the safety zone;

  (iii)   the vessel is not in a class of vessels specified under paragraph   136(3)(c) in the determination of the safety zone;

  (iv)   no written consent of the Regulator is in force under subsection   136(3) in relation to the safety zone and the vessel;

    to take the vessel outside the safety zone; or

  (b)   require the master of a disabled vessel that satisfies any of the following conditions:

  (i)   the vessel is in a safety zone;

  (ii)   the authorised safety zone official reasonably believes that the vessel is likely to cause damage to any offshore renewable energy infrastructure, offshore electricity transmission infrastructure, structure or equipment in a safety zone;

    to permit the vessel to be towed away from the safety zone, or to accept the giving of such other assistance to the vessel as the authorised safety zone official considers necessary.

  (2)   A person contravenes this subsection if:

  (a)   the person is subject to a requirement under subsection   (1); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches the requirement.

  (3)   A person contravenes this subsection if:

  (a)   the person engages in conduct; and

  (b)   the conduct obstructs or hinders an authorised safety zone official who is acting under subsection   (1).

Fault - based offences

  (4)   A person commits an offence if the person contravenes subsection   (2).

Penalty:   50 penalty units.

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

Note:   The same conduct may be an offence against both subsection   (5) of this section and section   149.1 of the Criminal Code .

Penalty:   50 penalty units.

Civil penalty provisions

  (6)   A person is liable to a civil penalty if the person contravenes subsection   (2).

Civil penalty:   350 penalty units.

  (7)   A person is liable to a civil penalty if the person contravenes subsection   (3).

Civil penalty:   350 penalty units.