Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_161
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 161
Character Range: 207565–209439

161  Offence of contravening a condition of accreditation
 (1) An accredited person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph; and
 (c) the act or omission is a risk to the safety of a person or a domestic commercial vessel; and
 (d) the person intends the act or omission to be a risk to the safety of a person or a domestic commercial vessel.
Penalty: Imprisonment for 12 months or 200 penalty units, or both.
 (2) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph; and
 (c) the act or omission is a risk to the safety of a person or a domestic commercial vessel; and
 (d) the person is reckless as to whether the act or omission is a risk to the safety of a person or a domestic commercial vessel.
Penalty: 160 penalty units.
 (3) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph; and
 (c) the act or omission is a risk to the safety of a person or a domestic commercial vessel; and
 (d) the person is negligent as to whether the act or omission is a risk to the safety of a person or a domestic commercial vessel.
Penalty: 120 penalty units.
 (4) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission contravenes a condition prescribed by the regulations for the purposes of this paragraph.
Penalty: 60 penalty units.
 (5) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.