19Destroying or damaging marine navigational aids etc.

#### 19 Destroying or damaging marine navigational aids etc. Intentionally destroying, fouling or damaging marine navigational aids etc. (1) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct results in the destruction or fouling of, or damage to: (i) any marine navigational aid; or (ii) any light exhibited on a marine navigational aid; or (iii) any ship, vessel, stores, equipment, or other property used by, or on behalf of, the Authority in connection with the establishment, maintenance or servicing of a marine navigational aid; and (c) the person intends that the conduct will have that result; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: Imprisonment for 10 years. Recklessly destroying, fouling or damaging marine navigational aids etc. (1A) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct results in the destruction or fouling of, or damage to: (i) any marine navigational aid; or (ii) any light exhibited on a marine navigational aid; or (iii) any ship, vessel, stores, equipment, or other property used by, or on behalf of, the Authority in connection with the establishment, maintenance or servicing of a marine navigational aid; and (c) the person is reckless as to whether the conduct will have that result; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: Imprisonment for 7 years. Negligently destroying, fouling or damaging marine navigational aids etc. (1B) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct involves the destruction or fouling of, or damage to: (i) any marine navigational aid; or (ii) any light exhibited on a marine navigational aid; or (iii) any ship, vessel, stores, equipment, or other property used by, or on behalf of, the Authority in connection with the establishment, maintenance or servicing of a marine navigational aid; and (c) the person is negligent as to whether the conduct will have that result; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: 200 penalty units. (1C) Absolute liability applies to paragraphs (1)(d), (1A)(d) and (1B)(d). Intentionally obstructing the view of marine navigational aids (1D) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct results in the obstruction of the view of any marine navigational aid; and (c) the person intends that the conduct will have that result; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: Imprisonment for 10 years. Recklessly obstructing the view of marine navigational aids (1E) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct results in the obstruction of the view of any marine navigational aid; and (c) the person is reckless as to whether the conduct will have that result; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: Imprisonment for 7 years. Negligently obstructing the view of marine navigational aids (1F) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct results in the obstruction of the view of any marine navigational aid; and (c) the person is negligent as to whether the conduct will have that result; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: 200 penalty units. (1G) Absolute liability applies to paragraphs (1D)(d), (1E)(d) and (1F)(d). Intentionally interfering with marine navigational aids (1H) A person commits an offence if: (a) the person engages in conduct; and (b) that conduct results in an interference with the operation of, or the use by a person of, a marine navigational aid; and (c) the person intends that the conduct will have that result; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: Imprisonment for 10 years. Recklessly interfering with marine navigational aids (1J) A person commits an offence if: (a) the person engages in conduct; and (b) that conduct results in an interference with the operation of, or the use by a person of, a marine navigational aid; and (c) the person is reckless as to whether the conduct will have that result; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: Imprisonment for 7 years. Negligently interfering with marine navigational aids (1K) A person commits an offence if: (a) the person engages in conduct; and (b) that conduct results in an interference with the operation of, or the use by a person of, a marine navigational aid; and (c) the person is negligent as to whether the conduct will have that result; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: 200 penalty units. (1L) Absolute liability applies to paragraphs (1H)(d), (1J)(d) and (1K)(d). Defence to offences against subsections (1), (1A), (1B), (1D), (1E), (1F), (1H), (1J) and (1K) (1M) Subsection (1), (1A), (1B), (1D), (1E), (1F), (1H), (1J) or (1K) does not apply if: (a) the conduct that resulted in the destruction, fouling, damage, obstruction or interference referred to in that subsection was necessary to save a life or a ship, or to prevent pollution; and (b) the defendant took all reasonable steps to avoid causing that destruction, fouling, damage, obstruction or interference. > Note: A defendant bears a legal burden in relation to the matters in this subsection (see section 13.4 of the Criminal Code). Intentional removal of marine navigational aids (1N) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct involves removing, altering, riding by, or making fast to, a marine navigational aid; and (c) the person intends that the conduct will result in that removal, alteration, riding by or making fast; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: Imprisonment for 10 years. Reckless removal of marine navigational aids (1O) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct involves removing, altering, riding by, or making fast to, a marine navigational aid; and (c) the person is reckless as to whether the conduct will result in that removal, alteration, riding by or making fast; and (d) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: Imprisonment for 7 years. (1P) Absolute liability applies to paragraphs (1N)(d) and (1O)(d). Trespassing on marine navigational aids (1Q) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct involves trespassing or going on a marine navigational aid; and (c) the marine navigational aid is the property of, or under the control of, the Authority. Penalty: 10 penalty units. (1R) Absolute liability applies to paragraph (1Q)(c). Trespassing on ships, vessels, or property used by the Authority (1S) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct involves trespassing or going on any ship, vessel, or property; and (c) the ship, vessel, or property is used by, or on behalf of, the Authority in the establishment, maintenance or servicing of marine navigational aids. Penalty: 10 penalty units. (1T) Absolute liability applies to paragraph (1S)(c). (2) In addition to the penalty, any offender may be ordered to pay the amount of the damage caused by the commission of the offence, or the cost of repairing, replacing, or reinstating the marine navigational aid. (3) Where any damage to any marine navigational aid the property of, or under the control of, the Authority is caused by any ship, the damage shall be charged on the ship, and the ship may be detained by any officer of Customs until the amount of the damage is paid. (4) In this section: > conduct means an act or an omission to perform an act or a state of affairs. > engage in conduct means: (a) do an act; or (b) omit to perform an act.