36Persons in charge or owners of vessels that emit offensive noise

36 Persons in charge or owners of vessels that emit offensive noise

36 Persons in charge or owners of vessels that emit offensive noise

(1) If a vessel is used on navigable waters in such a way as to emit offensive noise the person in charge and owner of the vessel are each taken to be guilty of an offence under clause 35.

(2) This clause does not affect the liability of the actual offender but, if a penalty (including a penalty under a penalty notice) has been imposed on or recovered from any person in relation to the offence (whether the actual offender, the person in charge or the owner), no further penalty may be imposed on or recovered from any other person.

(3) This clause does not apply to the owner of a vessel if—

(a) the vessel was at the time a stolen vessel or a vessel illegally taken or used, or

(b) the owner was not in the vessel at the relevant time and—

(i) gives notice in accordance with this clause of the name and address of the person who was in charge of the vessel at the relevant time, or

(ii) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

(4) A notice in accordance with this clause must be in the form of an approved nomination notice and—

(a) if a penalty notice has been issued for the offence—the notice must be given to an officer specified in the penalty notice for the purpose within 28 days after the issue of the penalty notice, and

(b) if a court is dealing with the offence—the notice must be given to the prosecutor within 28 days after service of the summons or court attendance notice for the offence.

Note.

Sections 307B and 307C of the Crimes Act 1900 provide a maximum penalty of imprisonment for 2 years, or a fine of $22,000, or both for giving false or misleading information, or providing false or misleading documents, in compliance or purported compliance with a law of the State.

(5) Despite any other provision of this Regulation, an approved nomination notice may be provided by a person issued with a penalty notice within 90 days of the penalty notice being issued to the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the .