Document ID: chunk:federal_register_of_legislation:C2004C01254:clause:2_40
Version: federal_register_of_legislation:C2004C01254
Segment Type: clause
Provision Reference: sch 2 cl 40
Character Range: 36666–37452

40  Subsection 227D(2)
Repeal the subsection, substitute:

 (2) Subsection (1) does not apply if the owner or master has reasonable cause.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

 (3) An offence under subsection (1) is an offence of strict liability.

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

 (4) A person commits an offence if:
 (a) a ship, other than a non‑Australian Load Line Convention ship, has been marked with deck lines and load lines; and
 (b) the person engages in conduct; and
 (c) the person's conduct results in the concealment, removal, alteration, defacing or mutilation of any such mark.

Penalty: $5,000 or imprisonment for 2 years, or both.