Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:2_13cb
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 2 cl 13CB
Character Range: 69029–70397

13CB  Notification of an environmental emergency
 (1) An operator contravenes this subsection if:
 (a) the operator organises an activity to be carried on in the Antarctic; and
 (b) a person carries on the activity; and
 (c) the activity causes an environmental emergency; and
 (d) the operator does not immediately notify the Minister, or an authorised officer, of the emergency.
 (2) Subsection (1) does not apply if the operator has already notified a Party to the Madrid Protocol of the environmental emergency.

Offence
 (3) An operator commits an offence if the operator contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 2 years or 120 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 provision
 (4) An operator is liable to a civil penalty if the operator 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) An operator who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.