Dangerous Goods (Shipping) Regulation 2012
(5) It is a defence to a charge under subsection (4) if the person charged proves that—
- (a) the offence was committed without the person’s consent or connivance; and
- (b) having regard to all the circumstances, the person exercised all the due diligence that the person ought to have exercised to prevent the commission of the offence.
15. Movement of type 2 vessels carrying Class 2, 3 or 3A dangerous goods during tropical cyclone
(1) Unless the Director otherwise permits, a type 2 vessel carrying on board Class 2, 3 or 3A dangerous goods must not enter the harbour when a tropical cyclone warning signal higher than No. 3 is in force.
(2) If a tropical cyclone warning signal higher than No. 3 is issued, unless the Director otherwise permits, a type 2 vessel that is in the harbour and is carrying on board Class 2, 3 or 3A dangerous goods must, without delay, leave the harbour.
(3) If subsection (1) or (2) is contravened, the master of the vessel commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.
(4) It is a defence to a charge under subsection (3) if the person charged proves that—
- (a) the offence was committed without the person’s consent or connivance; and
- (b) having regard to all the circumstances, the person exercised all the due diligence that the person ought to have exercised to prevent the commission of the offence.
