51Direct journeys between sea installations and external places prohibited

51 Direct journeys between sea installations and external places prohibited

(1) Subject to subsection (4), where a person makes a direct journey from an external place to a sea installation or from a sea installation to an external place: (a) that person; and (b) the owner of the installation; and (c) the owner and person in charge of a ship or aircraft on which the person travelled in the course of that journey; each commit an offence against this section. (2) Subject to subsection (4), where goods are taken directly from an external place to a sea installation: (a) the owner of the goods at the time of their arrival at the installation; and (b) the owner of the installation; and (c) the owner and person in charge of a ship or aircraft on which the goods were transported from the place to the installation; each commit an offence against this section. (3) Subject to subsection (4), where goods are taken directly from a sea installation to an external place: (a) the person who caused the goods to be taken directly from that installation to that place; and (b) the owner of the installation; and (c) the owner and person in charge of a ship or aircraft on which the goods were transported from the installation to the place; each commit an offence against this section. (4) It is a defence to a charge of an offence against this section if it is established that the journey because of which the offence would have been committed: (a) was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life; (b) was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea, of an aircraft in flight or of a sea installation; or (c) was authorised in writing by the Minister and was carried out in accordance with the conditions (if any) specified in that authorisation. (5) Subsection (4) shall not be taken to limit by implication any defence that would, but for the subsection, be available to a person charged with an offence against this section. (5A) Strict liability applies to paragraphs (1)(b) and (c), (2)(b) and (c) and (3)(b) and (c).

Note: For strict liability, see section 6.1 of the Criminal Code.

(6) For the purposes of this section, a person shall be taken to have made a direct journey from an external place to a sea installation: (a) where the external place is an external place in relation to Australia and the installation is installed in the adjacent area in respect of a State or of the Northern Territory—if, and only if, the last place entered by the person in the course of travelling from the place to the installation is not a place in Australia; (b) where the external place is an external place in relation to an uninhabited external Territory and the installation is installed in the adjacent area in respect of that Territory—if, and only if, the last place entered by the person in the course of travelling from the place to the installation is not a place in Australia; or (c) where the external place is an external place in relation to an inhabited external Territory and the installation is installed in the adjacent area in respect of that Territory—if, and only if, the last place entered by the person in the course of travelling from the place to the installation is not a place in that Territory. (7) For the purposes of this section, a person shall be taken to have made a direct journey from a sea installation to an external place: (a) where the installation is installed in the adjacent area in respect of a State or of the Northern Territory and that external place is an external place in relation to Australia—if, and only if, the first place entered by the person in the course of travelling from the installation to the place is not a place in Australia; (b) where the installation is installed in the adjacent area in respect of an uninhabited external Territory and the external place is an external place in relation to that Territory—if, and only if, the first place entered by the person in the course of travelling from the installation to the place is not a place in Australia; or (c) where the installation is installed in the adjacent area in respect of an inhabited external Territory and the external place is an external place in relation to that Territory—if, and only if, the first place entered by the person in the course of travelling from the installation to the place is not a place in that Territory. (8) For the purposes of this section, goods shall be taken to have been taken directly from an external place to a sea installation: (a) where the external place is an external place in relation to Australia and the installation is installed in the adjacent area in respect of a State or of the Northern Territory—if, and only if, the last place those goods were taken in the course of being carried from the place to the installation was not a place in Australia; (b) where the external place is an external place in relation to an uninhabited external Territory and the installation is installed in the adjacent area in respect of that Territory—if, and only if, the last place those goods were taken in the course of being carried from the place to the installation was not a place in Australia; or (c) where the external place is an external place in relation to an inhabited external Territory and the installation is installed in the adjacent area in respect of that Territory—if, and only if, the last place those goods were taken in the course of being carried from the place to the installation was not a place in that Territory. (9) For the purposes of this section, goods shall be taken to have been taken directly from a sea installation to an external place: (a) where the installation is installed in the adjacent area in respect of a State or of the Northern Territory and that external place is an external place in relation to Australia—if, and only if, the first place those goods were taken in the course of being carried from the installation to the place is not a place in Australia; (b) where the installation is installed in the adjacent area in respect of an uninhabited external Territory and the external place is an external place in relation to that Territory—if, and only if, the first place those goods were taken in the course of being carried from the installation to the place is not a place in Australia; or (c) where the installation is installed in the adjacent area in respect of an inhabited external Territory and the external place is an external place in relation to that Territory—if, and only if, the first place those goods were taken in the course of being carried from the installation to the place is not a place in that Territory. (10) For the purposes of this section: (a) a person shall not be taken to travel from or to an external place or a sea installation because only of having been in an aircraft that flies over, or lands at, that place or installation; and (b) goods shall not be taken to have been brought from, or sent to, an external place or a sea installation because only of having been in an aircraft that flies over, or lands at, that place or installation. (11) In this section: