Document ID: chunk:federal_register_of_legislation:C2024C00644:section:45:p3
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 45 (pt 3/4)
Character Range: 146064–148606

a body corporate—250 penalty units; and
 (b) on conviction on indictment—by a fine not exceeding:
 (i) if the person is a natural person—500 penalty units; or
 (ii) if the person is a body corporate—2,500 penalty units.
 (4) A person who contravenes subsection (1) in circumstances in which he or she does not commit an offence against subsection (2) or (3) commits an offence punishable, on conviction, by a fine not exceeding:
 (a) if the person is a natural person—50 penalty units; or
 (b) if the person is a body corporate—250 penalty units.
 (4AA) An offence under subsection (2), (3) or (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4A) Where:
 (a) a person is convicted of an offence against subsection (2) or (4) arising out of a contravention of paragraph (1)(a), (b) or (k);
 (b) the court before which the person is convicted is satisfied that:
 (i) the person contravened paragraph (1)(a), (b) or (k), as the case may be, in an area of Australian jurisdiction at a particular time by using a boat (other than a Papua New Guinea boat) for a particular purpose; and
 (ii) either of the following sub‑subparagraphs apply:
 (A) a licence under this Act was not in force in respect of the boat at that time;
 (B) a licence under this Act was in force in respect of the boat at that time, but the licence did not authorise the use of the boat in that area for that purpose; and
 (c) the court is also satisfied that:
 (i) in a case to which sub‑subparagraph (b)(ii)(A) applies—if a licence under this Act had been in force at that time authorising the use of the boat in that area for that purpose, the licence would have been a leviable licence; or
 (ii) in a case to which sub‑subparagraph (b)(ii)(B) applies—if the licence under this Act in force in respect of the boat had not been in force at that time, but another licence under this Act had been in force authorising the use of the boat in that area for that purpose, the other licence would have been a leviable licence;
the court may, in addition to imposing a penalty on the person, order the person to pay to the Commonwealth an amount not exceeding the amount that is the relevant levy amount in relation to the licence referred to in subparagraph (c)(i) or the other licence referred to in subparagraph (c)(ii), as the case may be.
 (4B) Where:
 (a) a person is convicted of an offence against subsection (4) because the person engaged in activities in contravention of paragraph (1)(aa) or (ba) at a particular