Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:3_12ae
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 3 cl 12AE
Character Range: 92040–93737

12AE  Requirement to coordinate
 (1) A person (the first person) contravenes this subsection if:
 (a) the first person is not a Contracting Party to the Treaty; and
 (b) the first person organises a vessel to carry passengers to the Antarctic; and
 (c) the first person fails to coordinate with any other persons:
 (i) who are not Contracting Parties to the Treaty; and
 (ii) who organise vessels to carry passengers to the Antarctic;
  with the objective that no more than one vessel is at a landing site in the Antarctic at the same time.
 (2) Subsection (1) does not apply if the first person fails to coordinate with those other persons in an emergency:
 (a) to save a person from death or serious injury; or
 (b) to secure the safety of a ship or aircraft, or the safety of equipment or facilities of high value; or
 (c) to protect the environment.

Offence
 (3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 500 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
 (5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.