157Burden of proving certain matters lies on defendant

157 Burden of proving certain matters lies on defendant

In proceedings for an offence against this Law, the prosecution is not required to prove, in the absence of evidence to the contrary, the following:

(a) that the defendant was the owner or master of a specified domestic commercial vessel at the time of the conduct constituting the alleged offence;

(b) that a specified vessel is a domestic commercial vessel;

(c) that a specified vessel of a specified person is subject to this Law;

(d) that a specified vessel is not exempt from a provision of this Law;

(e) that a message or signal was received by the master of a domestic commercial vessel, if:

(i) the message was transmitted under this Law by a prescribed person; and

(ii) the vessel was located so as to be able to receive the message or signal;

(f) that a specified vessel is a particular length or tonnage;

(g) the time of sunrise and sunset in a particular location on any day, as published by the Commonwealth Bureau of Meteorology established under section 5 of the Meteorology Act 1955.

Division 8—Adverse publicity orders

158 Adverse publicity orders

(1) This section applies if a court finds a person (the offender) guilty of an offence against this Law, whether or not the court convicts the offender of the offence.

(2) The court may make an order (the adverse publicity order) requiring the offender:

(a) to take either or both of the following actions within the period specified in the order:

(i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b) to give the National Regulator, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.

(3) The court may make the adverse publicity order:

(a) either on its own initiative or on the application of the person prosecuting the offence; and

(b) in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.

(4) If the offender fails to give evidence to the National Regulator in accordance with subsection (2)(b), the National Regulator may take the action or actions specified in the order.