196Negligently destroying, fouling or damaging aids to navigation

196 Negligently destroying, fouling or damaging aids to navigation

(1) A person contravenes this subsection if: (a) the person does an act or omits to do an act; and (b) the act or omission results in: (i) the destruction or fouling of an AMSA aid to navigation; or (ii) damage to, or reduction in or limitation of the effectiveness of, an AMSA aid to navigation; and (c) the person is negligent as to whether the act or omission will have that result. (2) Subsection (1) does not apply if: (a) the act or omission was necessary to save a life or a vessel, or to prevent pollution; and (b) the person took all reasonable steps to avoid the destruction, fouling, damage, reduction or limitation. Fault‑based offence (3) A person commits an offence if the person contravenes subsection (1).

Penalty: 300 penalty units.

Note: A 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: 1,500 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 matters in that subsection.