Document ID: chunk:federal_register_of_legislation:C2004A00815:clause:1_38m
Version: federal_register_of_legislation:C2004A00815
Segment Type: clause
Provision Reference: sch 1 cl 38M
Character Range: 8940–9809

38M  Zones to be used only by permitted ships

Operators

 (1) A person is guilty of an offence if:
 (a) the person operates a ship; and
 (b) the ship is in a zone that it is not permitted to be in under the zoning plan that relates to the zone and the person is negligent as to that fact.

Penalty: 2,000 penalty units.

Owners and operators

 (2) If:
 (a) a ship is operated in a zone; and
 (b) under the zoning plan that relates to the zone, that ship is not permitted in the zone;
the operator and the owner of the ship are each guilty of an offence punishable on conviction by a fine of not more than 500 penalty units.

 (3) An offence under subsection (2) is an offence of strict liability.

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

Interpretation

 (4) In this section:

ship has the same meaning as in the zoning plan concerned.