Marine Safety Regulation 2016
135Penalty notice offences and penalties
Start here
Get a plain-English read of 135
Turn the raw legal text into a practical explanation grounded in Marine Safety Regulation 2016.
135 Penalty notice offences and penalties
135 Penalty notice offences and penalties
(1) For the purposes of section 126 of the Act—
(a) each offence created by a provision of the Marine Safety Act 1998 or by this Regulation made under that Act specified in Column 1 of Schedule 9 is an offence for which a penalty notice may be served, and
(b) the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule.
(2) For the purposes of section 126 of the Act—
(a) each offence created by a provision of the Marine Pollution Act 2012 or the regulations made under that Act specified in Column 1 of Schedule 10 is an offence for which a penalty notice may be served, and
(b) the penalty prescribed for each such offence is—
(i) in the case of an offence committed by a natural person—the amount specified opposite the provision in Column 2 of the Schedule, or
(ii) in the case of an offence committed by a corporation—the amount specified opposite the provision in Column 3 of the Schedule.
(3) If the reference to a provision in Column 1 of Schedule 9 or 10 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.
(4) For the purposes of section 126 (6) of the Act, authorised officers are prescribed as a class of persons who are law enforcement officers in relation to the offences specified in Column 1 of Schedule 9 or 10.
(4A) For the purposes of section 126 (6) of the Act, an OSR employee is prescribed as belonging to a class of persons who are law enforcement officers in relation to detectable offences within the meaning of Schedule 1A to the Act.
(5) For the purposes of this Regulation, penalty amounts are expressed in terms of the following levels—
Level 1 means a penalty of $100.
Level 2 means a penalty of $250.
Level 3 means a penalty of $500.
Level 4 means a penalty of $750.