166Navigating without a licensed pilot

#### 166 Navigating without a licensed pilot (1) A person contravenes this subsection if: (a) the person is the master or owner of a vessel; and (b) the vessel navigates without a licensed pilot in a compulsory pilotage area. Exceptions (2) Subsection (1) does not apply to a person if: (a) the vessel was exempted under section 172 from the requirement to navigate with a licensed pilot in the area; and (b) the navigation complied with the terms of the exemption. (3) Subsection (1) does not apply to a person if the vessel navigated in a compulsory pilotage area because of saving life at sea or other unavoidable cause. (4) Subsection (1) does not apply to the owner of the vessel if he or she took all reasonable precautions to ensure that the vessel would not navigate in a compulsory pilotage area in contravention of that subsection. Fault‑based offence (5) A person commits an offence if the person contravenes subsection (1). Penalty: 600 penalty units. > Note: The defendant bears an evidential burden in relation to the matters in subsections (2), (3) and (4) (see subsection 13.3(3) of the Criminal Code). Civil penalty (6) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 6,000 penalty units. (7) A person who wishes to rely on subsection (2), (3) or (4) in proceedings for a civil penalty order bears a legal burden in relation to the matters in the subsection concerned.