10Powers in relation to lights and navigational aid

#### 10 Powers in relation to lights and navigational aid (1) The Authority may, by notice in writing served on the owner of any marine navigational aid or of any lamp or light, if in its opinion it is desirable for the safety of navigation to do so, require the owner of the marine navigational aid, lamp or light: (a) by a date specified in the notice—to remove it entirely or to move it to another position; or (b) by a date specified in the notice—to modify it or to alter its character to such an extent and in such a manner as the Authority specifies in the notice; or (c) in the case of a lamp, with effect from a date specified in the notice—to refrain from lighting the lamp either entirely or for such a period as the Authority specifies in the notice; or (d) in the case of a light, with effect from a date specified in the notice—to cease exhibiting the light either entirely or for such a period as the Authority specifies in the notice. (2) Unless exceptional circumstances relating to the safety of persons or ships require otherwise, the date specified in a notice referred to in subsection (1) must be at least one day after the service of the notice on the owner of the marine navigational aid, lamp or light concerned. > Note: If the person who is required under subsection (1) to take action by or from a date specified in the notice does not take that action by or from that specified date, the obligation to take that action continues after that specified date, with daily offences being committed until the obligation is complied with (see section 4K of the Crimes Act 1914). (3) If the notice is not complied with, the Authority may take possession of the marine navigational aid or of the lamp or light referred to in the notice, and may order it to be forfeited, or may do in regard to it, at the expense of the owner, anything which the owner was required by the notice to do. (4) Any expense incurred by the Authority under this section may be recovered by the Authority from the owner, as a debt due by the owner to the Authority. (5) A person commits an offence if the person does not comply with a notice under this section. Penalty: 40 penalty units. (5AA) Subsection 4K(2) of the Crimes Act 1914 ceases to apply in relation to an offence against subsection (5) of this section on the sixth day after the day on which the obligation to take the action first arose. > Note: Because of this subsection, 200 penalty units is the maximum penalty that can be imposed for offences against subsection (5). (5A) Subsection (5) does not apply if the person has reasonable cause. > Note: A defendant bears a legal burden in relation to the matter in subsection (5A) (see section 13.4 of the Criminal Code). (5B) An offence under subsection (5) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (6) In this section owner includes a State Government and any authority of a State having the control or management of any marine navigational aid or of any lamp or light: Provided that nothing in this section shall render a State Government or any authority of a State liable to a pecuniary penalty under subsection (5). (7) A notice under subsection (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.