Document ID: chunk:federal_register_of_legislation:C2004A00815:clause:1_6
Version: federal_register_of_legislation:C2004A00815
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 6893–8245

6  Subsection 38J(1)
Repeal the subsection, substitute:

 (1) A person is guilty of an offence if:
 (a) the person intentionally or negligently discharges waste in the Marine Park; and
 (b) the discharge is not authorised by a permission that:
 (i) is granted or transferred to the person under the regulations; and
 (ii) is of a kind declared by the regulations to be a permission to which this section applies.

Penalty: 2,000 penalty units.

 (1A) Subsection (1) does not apply if the discharge is sewage.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

 (1B) A person is guilty of an offence if:
 (a) the person discharges waste in the Marine Park; and
 (b) the discharge is not authorised by a permission that:
 (i) is granted or transferred to the person under the regulations; and
 (ii) is of a kind declared by the regulations to be a permission to which this section applies.

Penalty: 500 penalty units.

 (1C) An offence under subsection (1B) is an offence of strict liability.

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

 (1D) Subsection (1B) does not apply if the discharge is sewage.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1D) (see subsection 13.3(3) of the Criminal Code).