CTHRepealedAct
Navigation Act 1912
186EUnqualified person performing duties of licensed pilot
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#### 186E Unqualified person performing duties of licensed pilot
(1) A person commits an offence if:
(a) the person makes a representation that the person is a licensed pilot; and
(b) the person is not a licensed pilot.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person performs duties; and
(b) the duties are those of a licensed pilot under the regulations; and
(c) the person is not a licensed pilot.
Penalty: 50 penalty units.
(3) Subsection (2) does not apply if the person has a reasonable excuse.
> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4) Strict liability applies to paragraph (2)(b).
> Note: For strict liability, see section 6.1 of the Criminal Code.
(5) A person commits an offence if:
(a) the person takes a person into employment to perform duties; and
(b) the duties are those of a licensed pilot under the regulations; and
(c) the person is not a licensed pilot.
Penalty: 50 penalty units.
(6) Strict liability applies to paragraph (5)(b).
> Note: For strict liability, see section 6.1 of the Criminal Code.