Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person contravenes this subsection if:
(a) the person constructs, installs, commissions, operates, maintains or decommissions fixed or tethered infrastructure; and
(b) the fixed or tethered infrastructure is:
(i) offshore renewable energy infrastructure; or
(ii) offshore electricity transmission infrastructure; and
(c) the fixed or tethered infrastructure is in the Commonwealth offshore area.
Exception--licence or other authorisation
(2) Subsection (1) does not apply to conduct that is:
(a) authorised by a licence; or
(b) otherwise authorised or required by or under this Act.
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Note 2: A licence authorises the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure or offshore electricity transmission infrastructure only if there is a management plan for the licence and the licence holder has provided financial security in relation to the infrastructure.
Fault - based offence
(3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years.
Civil penalty
(4) A person is liable for a civil penalty if the person contravenes subsection (1).
Civil penalty: 3,000 penalty units.