Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_61acb
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 61ACB
Character Range: 110597–111962

61ACB  Failure to comply with emergency direction: offence

 (1) A person commits an offence if:
 (a) an emergency direction applies to the person; and
 (b) if the direction applies to a particular person—the direction was communicated to the person; and
 (c) if the direction applies to a class of persons or to persons generally—the direction has been published on the website of the Authority; and
 (d) the person fails to comply with the direction.

Penalty: 500 penalty units.

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

Note: For absolute liability, see section 6.2 of the Criminal Code.

 (3) Strict liability applies to paragraphs (1)(b) and (c).

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

 (4) It is a defence to a prosecution for an offence against subsection (1) if it is proved:
 (a) that the contravention of the direction resulted from the need to save life at sea; or
 (b) that compliance with the direction was not possible; or
 (c) if the direction requires a thing to be done before a particular time—that compliance with the direction was not possible before that time and the direction was complied with as soon as possible after that time.

Note: The defendant bears a legal burden in relation to the matters in this subsection. See section 13.4 of the Criminal Code.

Subdivision D—Enforceable directions