102Offence—not complying with requirement made under section 99

102 Offence—not complying with requirement made under section 99

(1) A person commits an offence if: (a) a requirement is made of the person: (i) under section 99(2)(h) (to show, or demonstrate the operation of, machinery or equipment on a domestic commercial vessel); or (ii) under section 99(2)(i) (to give a marine safety inspector the person’s name, the person’s residential address, the person’s date of birth or evidence of the person’s identity); or (iii) under section 99(3) (to stop or manoeuvre a vessel, adopt or maintain a specified course or speed or take a vessel to a specified place); and (b) the person fails to comply with the requirement.

Penalty: 60 penalty units.

(2) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3(3) of the Criminal Code).

(3) A person commits an offence if: (a) a requirement is made of the person under section 99(2)(i) to give a marine safety inspector the person’s name, the person’s residential address, the person’s date of birth or evidence of the person’s identity; and (b) the person gives a name, address, date or evidence of the person’s identity; and (c) the name, address, date or evidence is false or misleading in a material particular.

Penalty: 60 penalty units.

(4) An offence against subsection (1) or (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.