Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_95
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 95
Character Range: 127343–128289

95  Requirement to facilitate boarding
 (1) A marine safety inspector may require a person to take reasonable steps to facilitate the boarding of a vessel under this Part.
 (2) A requirement under subsection (1) may be made by any reasonable means.
 (3) The requirement is made whether or not the person in charge of the vessel understands or is aware of the requirement.

Offence—non‑compliance with requirement
 (4) A person commits an offence if:
 (a) a requirement is made of the person under subsection (1); and
 (b) the person fails to comply with the requirement.
Penalty: 60 penalty units.
 (5) Subsection (4) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see section 13.3(3) of the Criminal Code).
 (6) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.