Document ID: chunk:federal_register_of_legislation:C2024C00638:section:404
Version: federal_register_of_legislation:C2024C00638
Segment Type: section
Provision Reference: s 404
Character Range: 353830–355702

404  Effect of declaration of safety zone
 (1) If a safety zone is declared around a structure or equipment, a vessel to which the declaration applies is not to enter or remain in the safety zone without the written consent of the Designated Authority.
 (2) If:
 (a) a safety zone is declared around a structure or equipment; and
 (b) the Designated Authority consents to a vessel entering or remaining in the safety zone; and
 (c) the consent is given on conditions;
the vessel is to enter or remain in the safety zone only in accordance with the conditions.
 (3) The owner of a vessel and the person in command or in charge of a vessel each commit an offence against this section if the vessel enters or remains in a safety zone in contravention of subsection (1) or (2).
Penalty: Imprisonment for 5 years.
 (4) It is a defence to a prosecution of a person for an offence against subsection (3) if the person satisfies the court that:
 (a) an unforeseen emergency made it necessary for the vessel to enter or remain in the safety zone to attempt to secure the safety of:
 (i) a human life; or
 (ii) the vessel; or
 (iii) another vessel; or
 (iv) a well, pipeline, structure or equipment; or
 (b) the vessel entered or remained in the safety zone in circumstances beyond the control of the person who was in command or in charge of the vessel (for example, adverse weather).
Note: The defendant bears a legal burden in relation to the matter in subsection (4), see section 13.4 of the Criminal Code.
 (5) An owner is not criminally responsible for an offence against subsection (3) if the owner proves that the owner did not know that the person in command or in charge of the vessel was in contravention of subsection (3).
Note: The defendant bears a legal burden in relation to the matter in subsection (5), see section 13.4 of the Criminal Code.

Division 6—Offences