sec.199ACourt may make orders about compensation and other matters

### sec.199A Court may make orders about compensation and other matters This section applies to a prosecution for an offence against this Act. If the court finds the defendant has contravened a direction of a harbour master in contravention of this Act, the court may order the defendant to pay to the State the amount the State could have recovered under section 94 (2) . If the court finds the defendant has unlawfully interfered with an aid to navigation, or moored a ship to an aid to navigation, in contravention of this Act and in a way that has damaged or destroyed the aid, the court may order the defendant to pay to the State— if the defendant is the master or owner of a ship that caused the damage or destruction—the amount the State could have recovered under section 107A (3) ; or otherwise—an amount for the expense of repairing and reinstating the aid to navigation. An order under subsection (2) or (3) is in addition to any penalty or other order the court may make or impose under this Act. In particular, this section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law. However, if a court makes an order under subsection (2) or (3) in relation to a defendant, the State can not recover an amount, under section 94 (2) or 107A (3) , from the defendant in relation to the same direction, or damage or destruction. s 199A ins 2005 No. 49 s 47 (sec.199A-ssec.1) This section applies to a prosecution for an offence against this Act. (sec.199A-ssec.2) If the court finds the defendant has contravened a direction of a harbour master in contravention of this Act, the court may order the defendant to pay to the State the amount the State could have recovered under section 94 (2) . (sec.199A-ssec.3) If the court finds the defendant has unlawfully interfered with an aid to navigation, or moored a ship to an aid to navigation, in contravention of this Act and in a way that has damaged or destroyed the aid, the court may order the defendant to pay to the State— if the defendant is the master or owner of a ship that caused the damage or destruction—the amount the State could have recovered under section 107A (3) ; or otherwise—an amount for the expense of repairing and reinstating the aid to navigation. (sec.199A-ssec.4) An order under subsection (2) or (3) is in addition to any penalty or other order the court may make or impose under this Act. (sec.199A-ssec.5) In particular, this section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law. (sec.199A-ssec.6) However, if a court makes an order under subsection (2) or (3) in relation to a defendant, the State can not recover an amount, under section 94 (2) or 107A (3) , from the defendant in relation to the same direction, or damage or destruction. - (a) if the defendant is the master or owner of a ship that caused the damage or destruction—the amount the State could have recovered under section 107A (3) ; or - (b) otherwise—an amount for the expense of repairing and reinstating the aid to navigation.