CTHRepealedAct
Navigation Act 1912
191BOffences with respect to subdivision load line marks
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#### 191B Offences with respect to subdivision load line marks
(1) If a ship (other than a Safety Convention ship):
(a) has been marked in accordance with the regulations or orders with subdivision load lines; and
(b) the ship is not kept so marked;
the owner and the master of the ship are each guilty of an offence in respect of each day during which the ship is not kept so marked
(including the day on which the person is convicted under this subsection, or any subsequent day).
Penalty: $2,000.
(1A) Subsection (1) does not apply if the owner or master has reasonable cause.
> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(1B) An offence under subsection (1) is an offence of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.
(2) A person commits an offence if:
(a) a ship other than a Safety Convention ship has been marked with a subdivision load line mark; and
(b) the person engages in conduct; and
(c) the person’s conduct results in the concealment, removal, alteration, defacing or obliteration of any such mark.
Penalty: $5,000 or imprisonment for 2 years, or both.
(3) Subsection (2) does not apply if the person has reasonable cause.
> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).