Document ID: chunk:federal_register_of_legislation:C2025C00094:section:196
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 196
Character Range: 189123–190391

196  Negligently destroying, fouling or damaging aids to navigation
 (1) A person contravenes this subsection if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission results in:
 (i) the destruction or fouling of an AMSA aid to navigation; or
 (ii) damage to, or reduction in or limitation of the effectiveness of, an AMSA aid to navigation; and
 (c) the person is negligent as to whether the act or omission will have that result.
 (2) Subsection (1) does not apply if:
 (a) the act or omission was necessary to save a life or a vessel, or to prevent pollution; and
 (b) the person took all reasonable steps to avoid the destruction, fouling, damage, reduction or limitation.

Fault‑based offence
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: 300 penalty units.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Civil penalty
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 1,500 penalty units.
 (5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.