Document ID: chunk:federal_register_of_legislation:C2005A00104:clause:3a_84
Version: federal_register_of_legislation:C2005A00104
Segment Type: clause
Provision Reference: sch 3A cl 84
Character Range: 60658–61613

84  Installing a submarine cable without a permit

 (1) A person commits an offence if:
 (a) the person installs, or causes to be installed, a submarine cable; and
 (b) the cable is installed:
 (i) in Australian waters that are not in a protection zone and that are not coastal waters of a State or the Northern Territory; or
 (ii) 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 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.