Commonwealth Consolidated Acts

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PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 - SECT 19

Contravention of direction under Act etc.

  (1)   A person commits an offence if:

  (a)   a person is subject to a direction under this Act; and

  (b)   the person engages in conduct; and

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

Penalty:   2,000 penalty units or imprisonment for 5 years, or both.

  (4)   It is a defence to a prosecution for an offence against subsection   ( 1) if it is proved:

  (a)   that the breach of the direction resulted from the need to save life at sea; or

  (b)   that compliance with the direction was not possible; or

  (c)   if the direction requires an act or thing to be done before a particular time--that compliance with the direction was not possible before that time and the direction was complied with as soon as possible after that time.

  (5)   A reference in this section to a direction under this Act shall, in the case of a direction that has been varied by a further direction issued under section   15, be construed as a reference to the direction as so varied by that further direction.



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