7Recognised organisations

7 Recognised organisations

  For the definition of recognised organisation in section 14 of the Navigation Act, each corporation or association mentioned in Schedule 1 is prescribed.

[5] Section 10, notes 1 and 2

Note 1   Subregulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) Orders Regulations 1994 provides that a person who fails to comply with a provision of an Order made under subsection 34(1) of the Act that is expressed to be a penal provision is guilty of an offence punishable by a fine not exceeding 50 penalty units. Subregulation 4(2) provides that an offence against subregulation 4(1) is an offence of strict liability. Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) Orders Regulations 1994 provides similarly about provisions of Orders made under the Pollution Prevention Act. Section 24 of the AFS Act provides that Orders made under that Act cannot impose penalties for contravention of the Orders.

Note 2   Orders made under the Navigation Act (unlike those made under the Navigation Act  1912)  may directly impose penalties for contravention of an Order or of a notice, direction etc given under an Order — see Navigation Act, s 341(1)(a) and s 342(1). Penalties cannot be more than 50 penalty units for an individual or 250 penalty units for a body corporate — see Navigation Act, s 341(1)(a) and Crimes Act 1914, s 4B. Orders may also impose civil penalties — see Navigation Act, s 341(1)(b).

Note 3    For the value of a penalty unit — see Crimes Act 1914, s 4AA.

Note 4    For an act or omission constituting an offence under 2 or more laws — see Crimes Act 1914, s 4C.

[6] Division 4