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Ports Management Act 2015
101Obligation in relation to defective or damaged aids
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101 Obligation in relation to defective or damaged aids
(1) This section applies with respect to an aid that:
(2) If an aid is defective or damaged its owner must ensure that it is
repaired or replaced as soon as practicable after the owner
becomes aware of the defect or damage.
(3) The regional harbourmaster for a designated port may, by written
notice to the owner of a defective or damaged aid, direct the owner
to repair or replace it within a period specified in the notice.
(4) The owner of the aid must comply with a direction given under
subsection (3).
(5) An offence against subsection (4) is an offence of strict liability.
subsection (4) if the defendant has a reasonable excuse.
(7) If the owner fails to comply with a direction given under
subsection (3), the regional harbourmaster may cause the aid to be
repaired or replaced, irrespective of whether the owner has been
charged with, or found guilty of, an offence against subsection (4).
(8) The owner is liable to pay all costs incurred by the regional
harbourmaster under subsection (7).
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(9) Any such amount is additional to any penalty imposed for an
offence against subsection (4).
(10) An amount that the owner is liable to pay under subsection (8) for
costs may be recovered as a debt due and payable to the Territory.