Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:2_13cc
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 2 cl 13CC
Character Range: 70397–72362

13CC  Operator must ensure that prompt and effective response action is taken
 (1) An operator contravenes this subsection if:
 (a) the operator organises an activity to be carried on in the Antarctic; and
 (b) a person carries on the activity; and
 (c) the activity gives rise to an environmental emergency; and
 (d) the operator does not ensure that prompt and effective response action is taken in relation to the emergency.
 (2) Subsection (1) does not apply if the environmental emergency was caused by:
 (a) an act or omission necessary to protect human life or safety; or
 (b) an event constituting in the circumstances of the Antarctic a natural disaster of an exceptional character if:
 (i) the event could not have been reasonably foreseen, either generally or in the particular case; and
 (ii) all reasonable preventative measures designed to reduce the risk of environmental emergencies, and their potential adverse impact, were taken by the operator; or
 (c) an act of terrorism; or
 (d) an act of belligerency against the activities organised by the operator.

Offence
 (3) An operator commits an offence if the operator contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

Civil penalty provision
 (4) An operator is liable to a civil penalty if the operator contravenes subsection (1).
Civil penalty: 1,000 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
 (5) An operator who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.

Division 3—Ministerial directions