19Contravention of direction under Act etc.

19 Contravention of direction under Act etc.

(1) A person commits an offence if: (a) a person is subject to a direction under this Act; and (b) the person engages in conduct; and (c) the person’s conduct breaches the direction.

Penalty: 2,000 penalty units or imprisonment for 5 years, or both.

(4) It is a defence to a prosecution for an offence against subsection (1) if it is proved: (a) that the breach of the direction resulted from the need to save life at sea; or (b) that compliance with the direction was not possible; or (c) if the direction requires an act or thing to be done before a particular time—that compliance with the direction was not possible before that time and the direction was complied with as soon as possible after that time. (5) A reference in this section to a direction under this Act shall, in the case of a direction that has been varied by a further direction issued under section 15, be construed as a reference to the direction as so varied by that further direction.