AustLII Tasmanian Consolidated Acts

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LITTER ACT 2007 - SECT 46A

46A. Facilitation of proof of certain matters concerning vessels

(1) This section applies if –

(a) an authorised officer reasonably suspects that an offence involving a vessel has been committed against this Act; and

(b) the authorised officer does not know, or is uncertain of, the identity or whereabouts of the person using or in charge of the vessel at the relevant time ( "the suspected litterer" ).

(2) The authorised officer may demand that the registered owner of the vessel, or any third party, give the authorised officer such information as the authorised officer may require in attempting to establish the identity or whereabouts of the suspected litterer.
(3) The registered owner of the vessel or, as the case may be, the third party must comply with the authorised officer's demand.

Penalty:

Fine not exceeding 10 penalty units.
(4) Where any information demanded of the registered owner of the vessel is not known to the registered owner, the registered owner must with all reasonable diligence (proof of which lies on the registered owner) take steps to obtain the information and report to the authorised officer, within 7 days after the day on which the demand is made, the results of the steps so taken.

Penalty:

Fine not exceeding 10 penalty units.
(5) In this section –
third party means any person who, in the reasonable opinion of the authorised officer, may have information concerning the relevant suspected offence.



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