QLDIn ForceAct
Marine Parks Act 2004
sec.138Responsibility for offences committed with use of vessel, vehicle or aircraft
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### sec.138 Responsibility for offences committed with use of vessel, vehicle or aircraft
Each responsible person for a vessel, vehicle or aircraft commits an offence if—
someone else uses the vessel, vehicle or aircraft in committing an offence against this Act; and
the responsible person—
knew, or had reasonable grounds to suspect, that the vessel, vehicle or aircraft would be used in committing the offence; and
did not take reasonable steps to prevent its use in committing the offence.
Maximum penalty—the maximum penalty for committing the offence mentioned in paragraph (a) .
In this section—
responsible person , for a vessel, vehicle or aircraft used in committing an offence, means—
an owner of the vessel, vehicle or aircraft at the time the offence was committed; or
a person in control of the vessel, vehicle or aircraft at the time the offence was committed; or
a person (the operator ) who, at the time the offence was committed, was a party to an agreement with a person mentioned in paragraph (a) or (b) under which the operator, or the operator and the other party to the agreement, were authorised to decide the activities for the vessel, vehicle or aircraft’s use.
(sec.138-ssec.1) Each responsible person for a vessel, vehicle or aircraft commits an offence if— someone else uses the vessel, vehicle or aircraft in committing an offence against this Act; and the responsible person— knew, or had reasonable grounds to suspect, that the vessel, vehicle or aircraft would be used in committing the offence; and did not take reasonable steps to prevent its use in committing the offence. Maximum penalty—the maximum penalty for committing the offence mentioned in paragraph (a) .
(sec.138-ssec.2) In this section— responsible person , for a vessel, vehicle or aircraft used in committing an offence, means— an owner of the vessel, vehicle or aircraft at the time the offence was committed; or a person in control of the vessel, vehicle or aircraft at the time the offence was committed; or a person (the operator ) who, at the time the offence was committed, was a party to an agreement with a person mentioned in paragraph (a) or (b) under which the operator, or the operator and the other party to the agreement, were authorised to decide the activities for the vessel, vehicle or aircraft’s use.
- (a) someone else uses the vessel, vehicle or aircraft in committing an offence against this Act; and
- (b) the responsible person— (i) knew, or had reasonable grounds to suspect, that the vessel, vehicle or aircraft would be used in committing the offence; and (ii) did not take reasonable steps to prevent its use in committing the offence.
- (i) knew, or had reasonable grounds to suspect, that the vessel, vehicle or aircraft would be used in committing the offence; and
- (ii) did not take reasonable steps to prevent its use in committing the offence.
- (i) knew, or had reasonable grounds to suspect, that the vessel, vehicle or aircraft would be used in committing the offence; and
- (ii) did not take reasonable steps to prevent its use in committing the offence.
- (a) an owner of the vessel, vehicle or aircraft at the time the offence was committed; or
- (b) a person in control of the vessel, vehicle or aircraft at the time the offence was committed; or
- (c) a person (the operator ) who, at the time the offence was committed, was a party to an agreement with a person mentioned in paragraph (a) or (b) under which the operator, or the operator and the other party to the agreement, were authorised to decide the activities for the vessel, vehicle or aircraft’s use.