Victorian Numbered Acts

NATIONAL PARKS AND CROWN LAND (RESERVES) ACTS (AMENDMENT) ACT 2006 (NO 57 OF 2006) - SECT 6

    (1)     For the heading to section 45D of the National Parks Act 1975 substitute —

"Liability for offences" .

    (2)     After section 45D(2) of the National Parks Act 1975 insert —

    "(2A)     If an offence against this Division is committed from or in connection with a boat, the person in charge of the boat at the time that the offence is committed is also guilty of such an offence.

    (2B)     Sub-section (2A) does not apply in circumstances in which sub-section (1) or (2) applies.

    (2C)     It is a defence in any proceedings for an offence against sub-section (2A) if the person in charge of the boat establishes—

        (a)     that he or she did everything that was reasonably practicable to ensure that the offence would not be committed; and

        (b)     that he or she did not in any way aid, abet, counsel or procure the commission of the offence.".