Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:1_1
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 9066–10680

1  Subsections 10(1) and (2)
Repeal the subsections, substitute:

 (1) The Authority may, by notice in writing served on the owner of any marine navigational aid or of any lamp or light, if in its opinion it is desirable for the safety of navigation to do so, require the owner of the marine navigational aid, lamp or light:
 (a) by a date specified in the notice—to remove it entirely or to move it to another position; or
 (b) by a date specified in the notice—to modify it or to alter its character to such an extent and in such a manner as the Authority specifies in the notice; or
 (c) in the case of a lamp, with effect from a date specified in the notice—to refrain from lighting the lamp either entirely or for such a period as the Authority specifies in the notice; or
 (d) in the case of a light, with effect from a date specified in the notice—to cease exhibiting the light either entirely or for such a period as the Authority specifies in the notice.

 (2) Unless exceptional circumstances relating to the safety of persons or ships require otherwise, the date specified in a notice referred to in subsection (1) must be at least one day after the service of the notice on the owner of the marine navigational aid, lamp or light concerned.

Note: If the person who is required under subsection (1) to take action by or from a date specified in the notice does not take that action by or from that specified date, the obligation to take that action continues after that specified date, with daily offences being committed until the obligation is complied with (see section 4K of the Crimes Act 1914).