Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person is the owner or master of a relevant vessel; and
(b) the vessel is not an exempt vessel in relation to a prescribed safety zone; and
(c) the vessel enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under subsection 618(3).
Penalty: Imprisonment for 7.5 years.
(2) The fault element for paragraph (1)(c) is intention.
(3) A person commits an offence if:
(a) the person is the owner or master of a relevant vessel; and
(b) the vessel is not an exempt vessel in relation to a prescribed safety zone; and
(c) the vessel enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under subsection 618(3).
Penalty: Imprisonment for 6.25 years.
(4) The fault element for paragraph (3)(c) is recklessness.
(5) A person commits an offence if:
(a) the person is the owner or master of a relevant vessel; and
(b) the vessel is not an exempt vessel in relation to a prescribed safety zone; and
(c) the vessel enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under subsection 618(3).
Penalty: Imprisonment for 5 years.
(6) The fault element for paragraph (5)(c) is negligence.
(7) A person commits an offence if:
(a) the person is the owner or master of a relevant vessel; and
(b) the vessel is not an exempt vessel in relation to a prescribed safety zone; and
(c) the vessel enters or is present in the area to be avoided otherwise than in accordance with an authorisation in force in relation to the vessel under subsection 618(3).
Penalty: Imprisonment for 2.5 years.
(8) An offence against subsection (7) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(9) 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 area in order to attempt to secure the safety of:
(i) the vessel; or
(ii) another vessel; or
(iii) any well, pipeline, structure or equipment; or
(iv) human life; or
(b) the vessel entered or was present in the area 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 matter in subsection (9)--see section 13.4 of the Criminal Code .