Document ID: chunk:federal_register_of_legislation:C2004C01254:clause:2_275
Version: federal_register_of_legislation:C2004C01254
Segment Type: clause
Provision Reference: sch 2 cl 275
Character Range: 40337–41040

275  Passenger landed elsewhere than at destination

 (1) The master or owner of a ship commits an offence if:
 (a) the master or owner engages in conduct; and
 (b) the conduct results in a passenger on the ship being landed from the ship at a port other than the port at which the passenger contracted to land.

Penalty: $1,000.

 (2) Subsection (1) does not apply if:
 (a) the passenger consents to being landed from the ship as mentioned in paragraph (1)(b); or
 (b) it is an unavoidable necessity that the passenger be landed as mentioned in paragraph (1)(b).

Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).