sec.404Effect of declaration of safety zone

sec.404 Effect of declaration of safety zone

If a safety zone is established by regulation under section 403 , a vessel to which the regulation applies must not enter or remain in the safety zone without the written consent of the Minister. If a consent is given under subsection (1) on conditions, a vessel to which the consent applies may enter or remain in the safety zone only as provided by the conditions. The owner of a vessel and the person in command or in charge of a vessel each commit an indictable offence if the vessel enters or remains in a safety zone in contravention of subsection (1) or (2) , and are liable to a maximum penalty of 4 150 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence. It is a defence to a prosecution of a person for an offence against subsection (3) if the person satisfies the court that— an unforeseen emergency made it necessary for the vessel to enter or remain in the safety zone to attempt to secure the safety of— a human life; or the vessel; or another vessel; or a well, pipeline, structure or equipment; or the vessel entered or remained in the safety zone in circumstances beyond the control of the person who was in command or in charge of the vessel (for example, adverse weather). It is a defence to a prosecution of the owner of a vessel for an offence against subsection (3) if the owner satisfies the court that the owner— did not aid, abet, counsel or procure the vessel’s entering or remaining in the safety zone; and was not in any way, directly or indirectly, knowingly concerned in, or party to, the vessel’s entering or remaining in the safety zone. s 404 amd 2013 No. 51 s 229 sch 1 (sec.404-ssec.1) If a safety zone is established by regulation under section 403 , a vessel to which the regulation applies must not enter or remain in the safety zone without the written consent of the Minister. (sec.404-ssec.2) If a consent is given under subsection (1) on conditions, a vessel to which the consent applies may enter or remain in the safety zone only as provided by the conditions. (sec.404-ssec.3) The owner of a vessel and the person in command or in charge of a vessel each commit an indictable offence if the vessel enters or remains in a safety zone in contravention of subsection (1) or (2) , and are liable to a maximum penalty of 4 150 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence. (sec.404-ssec.4) It is a defence to a prosecution of a person for an offence against subsection (3) if the person satisfies the court that— an unforeseen emergency made it necessary for the vessel to enter or remain in the safety zone to attempt to secure the safety of— a human life; or the vessel; or another vessel; or a well, pipeline, structure or equipment; or the vessel entered or remained in the safety zone in circumstances beyond the control of the person who was in command or in charge of the vessel (for example, adverse weather). (sec.404-ssec.5) It is a defence to a prosecution of the owner of a vessel for an offence against subsection (3) if the owner satisfies the court that the owner— did not aid, abet, counsel or procure the vessel’s entering or remaining in the safety zone; and was not in any way, directly or indirectly, knowingly concerned in, or party to, the vessel’s entering or remaining in the safety zone.