Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:1_5:p1
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/4)
Character Range: 11745–14563

5  Subsections 19(1), (1A) and (1B)
Repeal the subsections, substitute:

Intentionally destroying, fouling or damaging marine navigational aids etc.

 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in the destruction or fouling of, or damage to:
 (i) any marine navigational aid; or
 (ii) any light exhibited on a marine navigational aid; or
 (iii) any ship, vessel, stores, equipment, or other property used by, or on behalf of, the Authority in connection with the establishment, maintenance or servicing of a marine navigational aid; and
 (c) the person intends that the conduct will have that result; and
 (d) the marine navigational aid is the property of, or under the control of, the Authority.

Penalty: Imprisonment for 10 years.

Recklessly destroying, fouling or damaging marine navigational aids etc.

 (1A) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in the destruction or fouling of, or damage to:
 (i) any marine navigational aid; or
 (ii) any light exhibited on a marine navigational aid; or
 (iii) any ship, vessel, stores, equipment, or other property used by, or on behalf of, the Authority in connection with the establishment, maintenance or servicing of a marine navigational aid; and
 (c) the person is reckless as to whether the conduct will have that result; and
 (d) the marine navigational aid is the property of, or under the control of, the Authority.

Penalty: Imprisonment for 7 years.

Negligently destroying, fouling or damaging marine navigational aids etc.

 (1B) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct involves the destruction or fouling of, or damage to:
 (i) any marine navigational aid; or
 (ii) any light exhibited on a marine navigational aid; or
 (iii) any ship, vessel, stores, equipment, or other property used by, or on behalf of, the Authority in connection with the establishment, maintenance or servicing of a marine navigational aid; and
 (c) the person is negligent as to whether the conduct will have that result; and
 (d) the marine navigational aid is the property of, or under the control of, the Authority.

Penalty: 200 penalty units.

 (1C) Absolute liability applies to paragraphs (1)(d), (1A)(d) and (1B)(d).

Intentionally obstructing the view of marine navigational aids

 (1D) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in the obstruction of the view of any marine navigational aid; and
 (c) the person intends that the conduct will have that result; and
 (d) the marine navigational aid is the property of, or under the control of, the Authority.

Penalty: Imprisonment for 10 years.

Recklessly obstructing the view of marine navigational