74Offences—general

#### 74 Offences—general (1) A person who contravenes subsection 20(1) or (2), 21(6), 22(5), 26(3), 36(2) or 37(1), section 61 or subsection 65(5) or 66(10) commits an offence. (1A) A person who contravenes subsection 37A(1) or (2), 64(2) or 66(1) commits, in respect of each day on which the person contravenes the subsection (including the day of a conviction for an offence against this subsection or any subsequent day), an offence. (2) Where the owner of a ship commits an offence against, or arising out of a contravention of, subsection 26(2), section 33, subsection 36(2), 37(1), 37A(1), 65(8) or 66(1) or section 72, the person who is the registered agent of the ship by virtue of paragraph 64(1)(a), (b) or (c) is taken to also have committed that offence and is punishable accordingly. (3) Except where a provision of this Act otherwise provides, the punishment for an offence against this Act is: (a) if the offender is a natural person—imprisonment for a period not exceeding 12 months or a fine not exceeding 20 penalty units, or both; or (b) if the offender is a body corporate—a fine not exceeding 50 penalty units. (4) An offence against subsection 12(3) is punishable on conviction: (a) if the offender is a natural person—by a fine not exceeding 10 penalty units; or (b) if the offender is a body corporate—by a fine not exceeding 20 penalty units. (4A) An offence against section 25, 32 or 33 or subsection 73(1) is an indictable offence and, subject to subsection 75(3), is punishable on conviction: (a) if the offender is a natural person—by imprisonment for a period not exceeding 2 years or a fine not exceeding 50 penalty units, or both; or (b) if the offender is a body corporate—by a fine not exceeding 200 penalty units. (4B) An offence against subsection 37A(1) or (2), 64(2) or 66(1) is punishable on conviction: (a) if the offender is a natural person—by a fine not exceeding 5 penalty units; or (b) if the offender is a body corporate—by a fine not exceeding 10 penalty units. (4C) An offence against subsection 27(1), 30(9) or 71(2) is punishable on conviction: (a) if the offender is a natural person—by imprisonment for a period not exceeding 6 months or a fine not exceeding 20 penalty units; or (b) if the offender is a body corporate—by a fine not exceeding 50 penalty units. (5) Where a corporation commits an offence against this Act, a director, manager, secretary or other officer of the corporation who is in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the offence, is taken to also have committed that offence and is punishable accordingly.