Commonwealth Numbered Regulations

ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 8 - SCHEDULE 7

(regulation 9)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Historic Shipwrecks Regulations 1978 .

[2] Paragraph 4 (1) (a)

omit

for the purpose of

insert

for

[3] Paragraph 4 (1) (a)

omit

damage or interfere with

insert

cause damage to, or interference with,

[4] Paragraph 4 (1) (e)

omit

zone;

insert

zone.

[5] Subregulation 4 (1)

omit

except in accordance with a permit granted under subsection 15 (1) of the Act.

[6] Subregulation 4 (1), at the foot

insert

Penalty:
10 penalty units, or imprisonment for 1 year, or both.

[7] Subregulation 4 (2)

substitute

(2) However, it is a defence to a prosecution under subregulation (1) if the person:

(a)

is acting in accordance with a permit granted under subsection 15 (1) of the Act; or

(b)

has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code ).