5Penalties at foot of sections or subsections

5  Penalties at foot of sections or subsections

  The penalty, pecuniary or other, set out:

 (a) at the foot of a section of this Act; or

 (b) at the foot of a subsection of a section of this Act, but not at the foot of the section;

indicates that a contravention of the section or of the subsection, as the case may be, whether by act or omission, is an offence against this Act, punishable upon conviction by a penalty not exceeding the penalty so set out.

5AA  Application of the Criminal Code

 (1) Subject to subsection (2), Chapter 2 of the Criminal Code applies to an offence against this Act.

 (2) For the purposes of a Customs prosecution:

 (a) Parts 2.1, 2.2 and 2.3 of the Criminal Code apply; and

 (b) Parts 2.4, 2.5 and 2.6 of the Criminal Code do not apply; and

 (c) a reference to criminal responsibility in Chapter 2 of the Criminal Code is taken to be a reference to responsibility.

 (3) This section is not to be interpreted as affecting in any way the nature of any offence under this Act, the nature of any prosecution or proceeding in relation to any such offence, or the way in which any such offence is prosecuted, heard or otherwise dealt with.

 (4) Without limiting the scope of subsection (3), this section is not to be interpreted as affecting in any way the standard or burden of proof for any offence under this Act that is the subject of a Customs prosecution.

 (5) In this section:

Customs prosecution has the meaning given in section 244.

Part II—Administration

 

5A  Attachment of overseas resources installations

 (1) A person shall not cause an overseas resources installation to be attached to the Australian seabed.

 (1A) Subsection (1) does not apply if the person has the permission of the Comptroller‑General of Customs given under subsection (2).

 (2) The Comptroller‑General of Customs may, by notice in writing given to a person who has applied for permission to cause an overseas resources installation to be attached to the Australian seabed, give the person permission, subject to such conditions (if any) as are specified in the notice, to cause that installation to be so attached.

 (3) A person who has been given permission under subsection (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under subsection (4)), to which that permission is subject.

 (4) Where the Comptroller‑General of Customs has, under subsection (2), given a person permission to cause an overseas resources installation to be attached to the Australian seabed, the Comptroller‑General of Customs may, at any time before that installation is so attached, by notice in writing served on the person: