Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:3_12ac
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 3 cl 12AC
Character Range: 88608–90271

12AC  Limit on the number of passengers that disembark from vessels
 (1) A person contravenes this subsection if:
 (a) the person is not a Contracting Party to the Treaty; and
 (b) the person organises a vessel to carry passengers to the Antarctic; and
 (c) one or more passengers of the vessel disembark (whether or not from that vessel or another vessel) onto land within the Antarctic; and
 (d) at a particular time, the number of passengers on land within the Antarctic is higher than the number of passengers prescribed by the regulations.
 (2) Subsection (1) does not apply if the passengers disembark in an emergency:
 (a) to save a person from death or serious injury; or
 (b) to secure the safety of a ship or aircraft, or the safety of equipment or facilities of high value; or
 (c) to protect the environment.

Offence
 (3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 500 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
 (5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.