Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:1_5:p3
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 3/4)
Character Range: 16780–19574

property of, or under the control of, the Authority.

Penalty: 200 penalty units.

 (1L) Absolute liability applies to paragraphs (1H)(d), (1J)(d) and (1K)(d).

Defence to offences against subsections (1), (1A), (1B), (1D), (1E), (1F), (1H), (1J) and (1K)

 (1M) Subsection (1), (1A), (1B), (1D), (1E), (1F), (1H), (1J) or (1K) does not apply if:
 (a) the conduct that resulted in the destruction, fouling, damage, obstruction or interference referred to in that subsection was necessary to save a life or a ship, or to prevent pollution; and
 (b) the defendant took all reasonable steps to avoid causing that destruction, fouling, damage, obstruction or interference.

Note: A defendant bears a legal burden in relation to the matters in this subsection (see section 13.4 of the Criminal Code).

Intentional removal of marine navigational aids

 (1N) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct involves removing, altering, riding by, or making fast to, a marine navigational aid; and
 (c) the person intends that the conduct will result in that removal, alteration, riding by or making fast; and
 (d) the marine navigational aid is the property of, or under the control of, the Authority.

Penalty: Imprisonment for 10 years.

Reckless removal of marine navigational aids

 (1O) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct involves removing, altering, riding by, or making fast to, a marine navigational aid; and
 (c) the person is reckless as to whether the conduct will result in that removal, alteration, riding by or making fast; and
 (d) the marine navigational aid is the property of, or under the control of, the Authority.

Penalty: Imprisonment for 7 years.

 (1P) Absolute liability applies to paragraphs (1N)(d) and (1O)(d).

Trespassing on marine navigational aids

 (1Q) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct involves trespassing or going on a marine navigational aid; and
 (c) the marine navigational aid is the property of, or under the control of, the Authority.

Penalty: 10 penalty units.

 (1R) Absolute liability applies to paragraph (1Q)(c).

Trespassing on ships, vessels, or property used by the Authority

 (1S) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct involves trespassing or going on any ship, vessel, or property; and
 (c) the ship, vessel, or property is used by, or on behalf of, the Authority in the establishment, maintenance or servicing of marine navigational aids.

Penalty: 10 penalty units.

 (1T) Absolute liability applies to paragraph (1S)(c).

Note: The heading to section 19 is replaced by the heading "Destroying or damaging marine navigational aids etc.".