Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:1_13ai
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 1 cl 13AI
Character Range: 20024–21924

13AI  Activity must not be carried on without safety approval
 (1) A non‑State operator contravenes this subsection if:
 (a) the operator organises an activity to be carried on in the Antarctic; and
 (b) a person carries on the activity at a particular time; and
 (c) at that time, the operator does not hold a safety approval in relation to the activity.
 (2) A person contravenes this subsection if:
 (a) the person carries on an activity in the Antarctic at a particular time; and
 (b) the activity was organised by a non‑State operator; and
 (c) at that time, the operator does not hold a safety approval in relation to the activity.
 (3) Subsections (1) and (2) do not apply if:
 (a) the activity is carried on in an emergency:
 (i) to save a person from death or serious injury; or
 (ii) to secure the safety of a ship or aircraft, or the safety of equipment or facilities of high value; or
 (iii) to protect the environment; or
 (b) the non‑State operator is authorised to carry on the activity under a law of a Contracting Party.

Offence
 (4) A person commits an offence if the person contravenes subsection (1) or (2). The physical elements of the offences are set out in those subsections.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 1,000 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
 (6) A person who wishes to rely on subsection (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.