Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38da
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38DA
Character Range: 100227–100957

38DA  Vessel causing damage in Marine Park: offence
 (1) A person commits an offence if:
 (a) the person is in charge of a vessel; and
 (b) the vessel is in the Marine Park; and
 (c) the person's charge of the vessel results in, or is likely to result in, the vessel causing damage to the environment in the Marine Park.
Penalty:
 (a) for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or
 (b) in any other case—1,000 penalty units.
Note: See also Division 8.
 (2) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) The fault element for paragraph (1)(c) is negligence.
Note: For negligence, see section 5.5 of the Criminal Code.