137Offence relating to warrants by telephone, fax etc.

137 Offence relating to warrants by telephone, fax etc.

A marine safety inspector commits an offence if:

(a) the inspector states in a document that purports to be a form of warrant under section 136 the name of a magistrate, unless that magistrate signed the warrant; or

(b) the inspector states on a form of warrant under that section a matter that, to the inspector’s knowledge, departs in a material particular from the terms of the warrant signed by the magistrate under that section; or

(c) the inspector purports to execute, or present to another person, a document that purports to be a form of warrant under that section that the inspector knows:

(i) has not been approved by a magistrate under that section; or

(ii) departs in a material particular from the terms of a warrant signed by a magistrate under that section; or

(d) the inspector gives to a magistrate a form of warrant under that section that is not the form of warrant that the inspector purported to execute.

Penalty: Imprisonment for 2 years.

Part 7—Infringement notices

138 Infringement notices

(1) The regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against this Law to pay a penalty to the Commonwealth as an alternative to prosecution.

(2) The penalty must equal one‑fifth of the maximum fine that a court could impose on the person as a penalty for that offence.

Part 8—General matters

Division 1—Review of decisions

139 Reviewable decisions

The following decisions by the National Regulator are reviewable decisions:

(a) to refuse to issue a certificate under the following:

(i) section 38(1);

(ii) section 48(1);

(iii) section 60(1);

(b) to refuse to issue a unique identifier under section 31(1);

(c) to impose a condition on a certificate under the following:

(i) section 38(3)(b);

(ii) section 48(4)(b);

(iii) section 60(3)(b);

(d) to refuse to vary a certificate under the following:

(i) section 40(1);

(ii) section 50(1);

(iii) section 62(1);

(e) to vary a certificate under the following:

(i) section 40(2);

(ii) section 50(2);

(iii) section 62(2);

(f) to refuse to suspend a certificate under the following:

(i) section 41(1);