Document ID: chunk:federal_register_of_legislation:C2024C00598:section:24a:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 24A (pt 1/3)
Character Range: 99629–102340

24A  Offences relating to marine areas

Actions in Commonwealth marine areas affecting the environment
 (1) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action is taken in a Commonwealth marine area; and
 (c) the action results or will result in a significant impact on the environment.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (1A) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.

Actions in Commonwealth marine areas likely to affect the environment
 (2) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action is taken in a Commonwealth marine area; and
 (c) the action is likely to have a significant impact on the environment.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (2A) Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.

Actions outside Commonwealth marine areas affecting those areas
 (3) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action is taken outside a Commonwealth marine area but in the Australian jurisdiction; and
 (c) the action results or will result in a significant impact on the environment in an area; and
 (d) the area is a Commonwealth marine area.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (3A) Strict liability applies to paragraphs (3)(b) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.

Actions likely to affect environment in Commonwealth marine areas
 (4) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action is taken outside a Commonwealth marine area but in the Australian jurisdiction; and
 (c) the action is likely to have a significant impact on the environment in an area; and
 (d) the area is a Commonwealth marine area.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (4A) Strict liability applies to paragraphs (4)(b) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.

Fishing with impact in State or Territory waters managed by Commonwealth
 (5) A person commits an offence if:
 (a) the person takes an action that:
 (i) is fishing (as defined in the Fisheries Management Act 1991); and
 (ii) is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and
 (b)