Document ID: chunk:federal_register_of_legislation:C2025C00094:section:197
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 197
Character Range: 190391–191529

197  Intentionally obstructing the view of aids to navigation
 (1) A person contravenes this subsection if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission results in the obstruction of the view of an AMSA aid to navigation; and
 (c) the person intends that the act or omission will have that result.
 (2) Subsection (1) does not apply if:
 (a) the act or omission was necessary to save a life or a vessel, or to prevent pollution; and
 (b) the person took all reasonable steps to avoid that obstruction.

Fault‑based offence
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 10 years or 600 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Civil penalty
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 6,000 penalty units.
 (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.