Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:2_66
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 2 cl 66
Character Range: 43503–44358

66  Subsection 267K(5)
Repeal the subsection, substitute:

 (5) If:
 (a) the master or owner of a ship is served with a notice under subsection (1); and
 (b) the master or owner does not comply with any direction contained in that notice; and
 (c) the master or owner is reckless as to whether there is a failure to comply with that direction;
the master and the owner each commit an offence punishable on conviction by a fine not exceeding 500 penalty units.

 (6) In proceedings for an offence against subsection (4) or (5) in relation to a failure to comply with a direction under subsection (1), it is a defence if it is proved:
 (a) that the failure to comply with the direction resulted from the need to save life at sea or was due to an emergency involving a threat to a person's life; or
 (b) that compliance with the direction was not possible.