149Control of aids and lights

149 Control of aids and lights (1) In this section, light includes a fire, and a street light or other illuminating device. (2) The Director may, if in the Director's opinion it is desirable for the safety or convenience of marine navigation to do so, by notice in writing served on the owner of an aid, lamp or light, require the owner of the aid, lamp or light, as the case may be: (a) to remove it entirely or to some other position; or (b) to modify it or to alter its character or mode of exhibition to the extent or in the manner specified in the notice; or (c) to cease using it; or (d) to use it only at the times and in the manner specified in the notice. (3) A person served with a notice under subsection (2) commits an offence if the person fails or refuses to comply with the requirement contained in the notice. (3B) It is a defence to a prosecution for an offence against (4) If: (a) a person fails to comply with a requirement contained in a notice under subsection (2); or (b) a notice under subsection (2) cannot be served; the Director may take possession of or control of the aid, lamp or light specified in the notice, and do anything which the person specified in the notice was required by the notice to do or which, in the opinion of the Director, must be done for the safety of marine navigation. (5) Any costs incurred in doing a thing under subsection (4) in relation to an aid, lamp or light is a debt due by the owner of the aid to the Territory. Marine Act 1981 38