38HFConduct in the territorial sea: Division 6 offences

#### 38HF Conduct in the territorial sea: Division 6 offences (1) This section applies in relation to an offence (a vicarious liability offence) committed by a person against a provision of Division 6 of this Part if: (a) the result of the conduct constituting the offence (the underlying offence) to which the vicarious liability offence relates is pollution of the marine environment (however described); and (b) the conduct constituting the underlying offence occurs in the territorial sea of Australia; and (c) the person is not an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and (d) the penalty set out at the foot of the provision for an offence against that provision includes imprisonment. (2) Despite the penalty set out at the foot of the provision, the penalty for the offence committed by the person only includes imprisonment if the prosecution proves that: (a) the person who engaged in the conduct that constituted the underlying offence intended to engage in that conduct; and (b) the pollution is serious.