CTHIn ForceAct
Great Barrier Reef Marine Park Act 1975
38DAVessel causing damage in Marine Park: offence
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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.