193Failure to comply with a notice about aids to navigation

193 Failure to comply with a notice about aids to navigation

(1) A person contravenes this subsection if: (a) the person is given a notice under subsection 191(1); and (b) the person fails to comply with the notice. (2) Subsection (1) does not apply if the person has a reasonable excuse. Strict liability offence (3) 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 matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Civil penalty (4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 600 penalty units.

(5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.