173Failure to comply with conditions of exemption

#### 173 Failure to comply with conditions of exemption (1) A person contravenes this subsection if: (a) the person is the master or an owner of a vessel; and (b) the vessel is navigating in a compulsory pilotage area; and (c) AMSA has granted an exemption from the requirement to navigate with a licensed pilot in respect of the navigation by the vessel in that area; and (d) the vessel, in navigating in that area, contravenes a condition to which the exemption is subject. (2) 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. (3) Subsection (1) does not apply if the vessel navigated in a compulsory pilotage area because of stress of weather, saving life at sea or other unavoidable cause. Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 60 penalty units. > Note 1: For strict liability, see section 6.1 of the Criminal Code. > Note 2: The defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code). Civil penalty (5) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 600 penalty units. (6) A person who wishes to rely on subsection (2) or (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in the subsection concerned.