Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 267ZZN

             (1)  A contravention of a civil penalty provision of this Division by a person is an aggravated contravention if the conduct the person engaged in that constituted the contravention:

                     (a)  resulted in serious harm to the marine environment; or

                     (b)  had the potential to cause serious harm to the marine environment.

             (2)  In determining whether conduct has resulted in serious harm to the marine environment, the Court may have regard to the following:

                     (a)  the harm;

                     (b)  the size of the affected environment;

                     (c)  the sensitivity of the affected environment;

                     (d)  the significance of the affected environment;

                     (e)  whether the harm is irreversible;

                      (f)  the measures required to remedy the harm.

             (3)  In determining whether conduct had the potential to cause serious harm to the marine environment, the Court may have regard to the following:

                     (a)  the potential harm;

                     (b)  the size of the potentially affected environment;

                     (c)  the sensitivity of the potentially affected environment;

                     (d)  the significance of the potentially affected environment;

                     (e)  whether the harm would have been irreversible, had it occurred;

                      (f)  the measures that would have been required to remedy the harm, had it occurred.

             (4)  If the Authority intends to prove that the person has committed an aggravated contravention, the Authority's application for a civil penalty order in relation to the contravention must specify the relevant aggravated contravention.

             (5)  If, in proceedings for a civil penalty order in relation to an aggravated contravention of a provision of this Division, the Court:

                     (a)  is not satisfied that the person has committed an aggravated contravention against that provision; and

                     (b)  is satisfied beyond reasonable doubt that the person has contravened that provision;

the Court may make a civil penalty order against the person not for the aggravated contravention but for the contravention of that provision.