Document ID: chunk:federal_register_of_legislation:C2004A00699:clause:1_34
Version: federal_register_of_legislation:C2004A00699
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 22782–24568

34  Subsection 17(5)
Repeal the subsection, substitute:

 (5) If a person:
 (a) takes to sea any vessel that been detained under subsection (3), before it is released from detention, knowing that it is still under detention or being reckless as to whether it is still under detention; or
 (b) removes from Australia or an external Territory any aircraft that has been detained under subsection (3), before it is released from detention, knowing that it is still under detention or being reckless as to whether it is still under detention;
the person is guilty of an offence punishable, on conviction, by imprisonment for up to 2 years or a fine up to 120 penalty units, or both.

 (6) If an offence (the primary offence) is committed against subsection (5) in respect of taking a vessel to sea or removing an aircraft from Australia or an external Territory, then each person who is a responsible person in relation to the vessel or aircraft is guilty of an offence against this subsection if the person:
 (a) knew that the vessel or aircraft would be used in committing the primary offence, or was reckless as to whether it would be used in committing the primary offence; and
 (b) did not take reasonable steps to prevent the use of the vessel or aircraft in committing the primary offence.

 (7) Subsection (6) applies whether or not any person has been charged with, or convicted of, the primary offence.

 (8) An offence against subsection (6) is punishable, on conviction, by imprisonment for up to 2 years or a fine up to 120 penalty units, or both.

 (9) For the purposes of subsection (6), each of the following persons is a responsible person in relation to a vessel or aircraft:
 (a) the owner of the vessel or aircraft;
 (b) the person in charge of the vessel or aircraft.