Document ID: chunk:federal_register_of_legislation:C2004A00815:clause:1_38mc
Version: federal_register_of_legislation:C2004A00815
Segment Type: clause
Provision Reference: sch 1 cl 38MC
Character Range: 12409–13239

38MC  Vessels causing damage in the Marine Park

Operators

 (1) A person is guilty of an offence if:
 (a) the person operates a vessel; and
 (b) the vessel is in the Marine Park and the person is negligent as to that fact; and
 (c) that operation results in, or is likely to result in, damage to the Marine Park and the person is negligent as to that fact.

Penalty: 2,000 penalty units.

Owners and operators

 (2) If a vessel is operated in the Marine Park and that operation results in, or is likely to result in, damage to the Marine Park, the operator and the owner of the vessel are each guilty of an offence punishable on conviction by a fine of not more than 500 penalty units.

 (3) An offence under subsection (2) is an offence of strict liability.

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