s.425Offences
425
Section 425Part 16 — ENFORCEMENT OFFICERS AND POWERS

Offences

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A person who contravenes any requirement imposed by an improvement notice commits an offence and is liable —
on summary conviction to a fine of five thousand dollars; and
on conviction on indictment, to a fine of fifteen thousand dollars.
A person who contravenes any prohibition or direction imposed by a prohibition notice commits an offence and is liable —
on summary conviction to a fine of five thousand dollars; and
on conviction on indictment, to a fine of twenty five thousand dollars and to imprisonment for two years.
If a ship which has been detained proceeds to sea before it is released in accordance with section 422(5), the master of the ship commits an offence and is liable —
on summary conviction, to a fine of twenty five thousand dollars; or
on conviction on indictment, to a fine of fifty thousand dollars.
The owner of a ship, and a person who sends to sea a ship, as respects which an offence is committed under subsection (3) is, if party or privy to the offence, deemed to have committed an offence under that subsection and is liable accordingly.
Any reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea and references to a person who sends a ship to sea shall be construed accordingly.
Where a ship proceeding to sea in contravention of subsection (3), takes to sea any officer appointed under sections 414 or 426 who is on board the ship in the execution of the officer's duty, the owner and master of the ship shall each —
be liable to pay all expenses of, and incidental to, the officer being so taken to sea; and
be deemed to have committed an offence.
A person who commits an offence under subsection (6), is liable —
on summary conviction, to a fine of five thousand dollars; and
on conviction on indictment, to a fine of ten thousand dollars.
Any reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea and references to sending or taking to sea shall be construed accordingly
It is a defence for a person charged with an offence under this section to prove that the person exercised all due diligence to avoid a contravention of the requirement, direction or prohibition in question.
In this section, any reference to an improvement notice, a prohibition notice or a detention order includes a reference to any such notice or order as modified under section 423.

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