Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3a_41
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3A cl 41
Character Range: 1598801–1599775

41  Aggravated offence of engaging in prohibited or restricted activities
  A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct occurs in a protection zone; and
 (c) the conduct:
 (i) is prohibited in the protection zone; or
 (ii) contravenes a restriction imposed on an activity in the protection zone; and
 (d) the person engages in the conduct with the intention of making a commercial gain; and
 (e) the conduct is not engaged in by the carrier who owns or operates the cable, or a person acting on behalf of such a carrier, for the purpose of maintaining or repairing a submarine cable for which the carrier is responsible; and
 (f) the conduct is not engaged in by a carrier who holds a protection zone installation permit, or a person acting on such a carrier's behalf, in, or in the course of, the installation of a submarine cable in accordance with the permit.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.