Document ID: chunk:federal_register_of_legislation:C2004C01254:clause:2_26
Version: federal_register_of_legislation:C2004C01254
Segment Type: clause
Provision Reference: sch 2 cl 26
Character Range: 33868–34490

26  Subsection 191B(2)
Repeal the subsection, substitute:

 (2) A person commits an offence if:
 (a) a ship other than a Safety Convention ship has been marked with a subdivision load line mark; and
 (b) the person engages in conduct; and
 (c) the person's conduct results in the concealment, removal, alteration, defacing or obliteration of any such mark.

Penalty: $5,000 or imprisonment for 2 years, or both.

 (3) Subsection (2) does not apply if the person has reasonable cause.

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