Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38ea:p1
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38EA (pt 1/2)
Character Range: 106357–109055

38EA  Conduct contravening condition of permission or authority: offence

Contravening condition of permission or authority
 (1) A person commits an offence if:
 (a) the person is authorised to do something by:
 (i) a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or
 (ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i); and
 (b) the permission is subject to a condition; and
 (c) the person engages in conduct; and
 (d) the conduct contravenes the condition.
Penalty:
 (a) for an aggravated offence—1,000 penalty units; or
 (b) in any other case—500 penalty units.
 (2) Absolute liability applies to paragraphs (1)(a) and (b).
Note: For absolute liability, see section 6.2 of the Criminal Code.
 (3) The fault element for paragraph (1)(d) is negligence.
Note: For negligence, see section 5.5 of the Criminal Code.

Contravening condition of permission or authority: strict liability
 (4) A person commits an offence if:
 (a) the person is authorised to do something by:
 (i) a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or
 (ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i); and
 (b) the permission is subject to a condition; and
 (c) the person engages in conduct; and
 (d) the conduct contravenes the condition.
Penalty: 60 penalty units.
 (5) Strict liability applies to subsection (4).
Note: For strict liability, see section 6.1 of the Criminal Code.

Defence—certain discharges of fish from vessels and aircraft
 (6) Subsections (1) and (4) do not apply to the discharge of waste from a vessel or aircraft if:
 (a) the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and
 (b) the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Defence—certain discharges from vessels, aircraft and platforms
 (7) Subsections (1) and (4) do not apply to the discharge of waste from a vessel, aircraft or platform if any of the following apply in relation to the discharge:
 (a) it was for the purpose of securing the safety of the vessel, aircraft or platform;
 (b) it was for the purpose of saving life at sea;
 (c) it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:
 (i) a prescribed officer within the meaning of subsection 3(2) of the Protection of the