In accordance with subclause 1.1.3 of this bylaw any offences committed against this bylaw may draw upon the following legislative provisions:
Local Government Act 1974 s699A Infringement offences relating to navigation bylaws
- In sections 699B to 699D –
``infringement fee’’, in relation to an infringement offence, means the infringement fee prescribed for that offence by regulations made under subsection (2)
``infringement offence’’ means a breach of a navigation bylaw that is specified in regulations made under subsection (2) as an infringement offence for the purposes of this section.
- The Govenor-General may from time to time, by Order in Council, make regulations:
- prescribing the infringement fee payable in respect of each infringement offence, which fee may not exceed $1,000
- specifying which breaches of navigation bylaws are infringement offences for the purposes of this section
- prescribing the form of infringement notices for infringement offences.
s699B Commission of infringement offence
If any person is alleged to have committed an infringement offence, that person may either:
- be proceeded against for the alleged offence under the Summary Proceedings Act 1957; or
- be served with an infringement notice as provided for in section 699C.
Local Government Act 2002
s178 Enforcement officers may require certain information
If an enforcement officer believes on reasonable grounds that a person is committing or has committed an offence under this Act, the officer may direct the person to give:
- his or her name and address; and
- the name and address and whereabouts of any other person connected in any way with the alleged offence.
s229 Obstruction of enforcement officers or agents of local authority
Every person commits an offence and is liable on summary conviction to the penalty specified in section 242(2) who intentionally:
- prevents the following persons from carrying out their statutory functions or duties:
- an enforcement officer; or
- a member of the Fire Service established under the Fire Service Act 1975; or
- a person authorised or employed to carry out the provisions this Act; or
- obstructs or impedes a person:
- from carrying out the provisions of this Act; or
- from exercising or attempting to exercise a power of entry conferred by this Act; or
- refuses to give information when directed to do so by an enforcement officer under section 178, or knowingly misstates information; or
- incites any other person to do any act referred to in paragraph (a) or paragraph (b) or paragraph (c).
s239 Offences punishable on summary conviction
Every person commits an offence and is liable on summary conviction to the penalty set out in section 242(4) or (5), as the case may be, who breaches a bylaw made under Part 8 of this Act.
s242 Penalties for offences
- A person who is convicted of an offence under section 224, sections 229 to 231, or sections 233 to 238 is liable to a fine not exceeding $5,000.
- A person who is convicted of an offence against a bylaw made under Part 8 is liable to a fine not exceeding $20,000.
Maritime Transport Act 1994
s65 Dangerous activity involving ships or maritime products
- Every person commits an offence who:
- operates, maintains, or services; or
- does any other act in respect of:
any ship or maritime product in a manner which causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.
- Every person commits an offence who:
- causes or permits any ship or maritime product to be operated, maintained, or serviced; or
- causes or permits any other act to be done in respect of any ship or maritime product
in a manner which causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.
- Every person who commits an offence against subsection (1) or subsection (2) of this section is liable:
- in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000
- in the case of a body corporate, to a fine not exceeding $100,000
- in any case, to an additional penalty under section 409 of this Act.