Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:2_186i
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 2 cl 186I
Character Range: 29241–30328

186I  Offence to navigate without a pilot

 (1) If:
 (a) a ship is a regulated ship; and
 (b) the ship navigates in a compulsory pilotage area; and
 (c) the ship navigates in that area without a pilot;
the master and the owner of the ship each commit an offence.

Penalty: 500 penalty units.

Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine up to 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.

 (2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) In any proceedings for an offence against subsection (1), it is a defence if the defendant proves:
 (a) that the ship was exempted under section 186K from the requirement to navigate with a pilot in the area; and
 (b) that the navigation complied with the terms of the exemption.

Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.