Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_102
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 102
Character Range: 139975–141566

102  Offence—not complying with requirement made under section 99
 (1) A person commits an offence if:
 (a) a requirement is made of the person:
 (i) under section 99(2)(h) (to show, or demonstrate the operation of, machinery or equipment on a domestic commercial vessel); or
 (ii) under section 99(2)(i) (to give a marine safety inspector the person's name, the person's residential address, the person's date of birth or evidence of the person's identity); or
 (iii) under section 99(3) (to stop or manoeuvre a vessel, adopt or maintain a specified course or speed or take a vessel to a specified place); and
 (b) the person fails to comply with the requirement.
Penalty: 60 penalty units.
 (2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3(3) of the Criminal Code).
 (3) A person commits an offence if:
 (a) a requirement is made of the person under section 99(2)(i) to give a marine safety inspector the person's name, the person's residential address, the person's date of birth or evidence of the person's identity; and
 (b) the person gives a name, address, date or evidence of the person's identity; and
 (c) the name, address, date or evidence is false or misleading in a material particular.
Penalty: 60 penalty units.
 (4) An offence against subsection (1) or (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Subdivision C—Powers relating to any premises, exercisable with consent or warrant