Document ID: chunk:federal_register_of_legislation:F2024C01132:reg:16
Version: federal_register_of_legislation:F2024C01132
Segment Type: reg
Provision Reference: reg 16
Character Range: 73482–75023

16  Prohibitions relating to sanctioned vessels
 (1) A person contravenes this regulation if:
 (a) a direction is given to a sanctioned vessel under subregulation 8(4); and
 (b) the person engages in conduct; and
 (c) the conduct causes the sanctioned vessel to contravene the direction.
 (2) Section 15.1 of the Criminal Code applies to an offence under section 16 of the Act that relates to a contravention of this regulation.
Note 1: This has the effect that the offence has extraterritorial operation.
Note 2: This regulation may be specified as a sanction law by the Minister under section 6 of the Act.

Exception—safety of vessel or human life
 (3) Subregulation (1) does not apply if the person is engaging in conduct necessary to secure the safety of the sanctioned vessel or human life.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3) (see subsection 13.3(3) of the Criminal Code).

Exception—authorisation or requirement under Part IIIAAA of the Defence Act 1903
 (4) Subregulation (1) does not apply if the operation of the sanctioned vessel or the conduct of the person is authorised or required under Part IIIAAA of the Defence Act 1903.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (4) (see subsection 13.3(3) of the Criminal Code).
 (5) It is not a defence to a prosecution for an offence against subregulation (1) that the operation of the sanctioned vessel or the conduct of the person is authorised or required under any other law.