174Offences

#### 174 Offences (1) A person, other than the Authority acting in accordance with its functions and powers, must not contravene a provision of Part 2 of the Cairns Area Plan of Management 1998. Penalty: 50 penalty units. (2) A contravention of subregulation (1) (other than a contravention of that subregulation constituted by a contravention of subclause 2.14 (1) of the Cairns Area Plan of Management 1998) is an offence of strict liability. (3) It is a defence to a prosecution under subregulation (1) if the person is acting in accordance with a permission. (4) Despite the amendment of this regulation by the Great Barrier Reef Marine Park Amendment Regulations 2008 (No. 1), a defence that would have been available as a defence to a prosecution under subregulation (1) for a contravention that occurred before that amendment continues to be available as a defence. > Note: A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).