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TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (MARITIME SAFETY) (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 351 - SCHEDULE 5

Amendments of Protection of the Sea (Oil Pollution Compensation Fund) Regulations

(regulation 7)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994.

[2] Subregulation 23 (1), at the foot

insert

Penalty:
10 penalty units.

[3] After subregulation 23 (3), including the penalty

insert

(4)
For subregulation (1), strict liability applies to whether regulation 22 applies to a person, and whether the form of a return is in accordance with the requirements of the form in the Schedule.

Note
Section 9.4 of the Criminal Code provides that a person can be criminally responsible for an offence even if the person was mistaken about, or ignorant of, the existence or content of subordinate legislation.

[4] After subregulation 24 (2), including the penalty

insert

(3)
An offence against subregulation (2) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .



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