Document ID: chunk:federal_register_of_legislation:C2004A00815:clause:1_38ma
Version: federal_register_of_legislation:C2004A00815
Segment Type: clause
Provision Reference: sch 1 cl 38MA
Character Range: 9809–11811

38MA  Permission requirements to be observed for ships—zoned area

Operators

 (1) A person is guilty of an offence if:
 (a) under a zoning plan, a ship is permitted to be in a zone only with the permission of:
 (i) the responsible agency within the meaning of the plan; or
 (ii) the Authority; and
 (b) the person operates such a ship; and
 (c) the ship is in that zone and the person is negligent as to that fact; and
 (d) the ship being in that zone is not authorised by a permission granted or transferred to the person under the regulations, being a permission of a kind declared by the regulations to be a permission to which this section applies; and
 (e) the ship being in that zone is not authorised by an authority given to the person in accordance with a condition to which such a permission is subject.

Penalty: 2,000 penalty units.

 (2) Strict liability applies to paragraph (1)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.

Owners and operators

 (3) If:
 (a) under a zoning plan, a ship is permitted to be in a zone only with the permission of:
 (i) the responsible agency within the meaning of the plan; or
 (ii) the Authority; and
 (b) such a ship is operated in that zone; and
 (c) the ship being in that zone is not authorised by a permission granted or transferred to any person under the regulations, being a permission of a kind declared by the regulations to be a permission to which this section applies; and
 (d) the ship being in that zone is not authorised by an authority given to any person in accordance with a condition to which such a permission is subject;
the operator and the owner of the ship are each guilty of an offence punishable on conviction by a fine of not more than 500 penalty units.

 (4) An offence under subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Interpretation

 (5) In this section:

ship has the same meaning as in the zoning plan concerned.