61ACBFailure to comply with emergency direction: offence

#### 61ACB Failure to comply with emergency direction: offence (1) A person commits an offence if: (a) an emergency direction applies to the person; and (b) if the direction applies to a particular person—the direction was communicated to the person; and (c) if the direction applies to a class of persons or to persons generally—the direction has been published on the website of the Authority; and (d) the person fails to comply with the direction. Penalty: 500 penalty units. (2) Absolute liability applies to paragraph (1)(a). > Note: For absolute liability, see section 6.2 of the Criminal Code. (3) Strict liability applies to paragraphs (1)(b) and (c). > Note: For strict liability, see section 6.1 of the Criminal Code. (4) It is a defence to a prosecution for an offence against subsection (1) if it is proved: (a) that the contravention of the direction resulted from the need to save life at sea; or (b) that compliance with the direction was not possible; or (c) if the direction requires a thing to be done before a particular time—that compliance with the direction was not possible before that time and the direction was complied with as soon as possible after that time. > Note: The defendant bears a legal burden in relation to the matters in this subsection. See section 13.4 of the Criminal Code.