Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3a_84a
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3A cl 84A
Character Range: 1643435–1644558

84A  Installing a domestic submarine cable without a permit
 (1) A person commits an offence if:
 (a) the person installs, or causes to be installed, a domestic submarine cable; and
 (b) the cable is installed in a protection zone; and
 (c) the person does not have a permit under this Part authorising the installation of the cable in the place in which it is installed.
Penalty: 200 penalty units.
 (2) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) Subclause (1) does not apply to a person who installs a domestic submarine cable on behalf of a carrier, if the carrier has a permit authorising the installation of the cable.
Note: The defendant bears an evidential burden in relation to the matters in subclause (3). See subsection 13.3(3) of the Criminal Code.
 (4) Subclause (1) does not apply to a domestic submarine cable that a person installed, or began to install, before the commencement of this clause.
Note: The defendant bears an evidential burden in relation to the matters in subclause (4). See subsection 13.3(3) of the Criminal Code.