Northern Territory Numbered Acts Northern Territory Numbered Acts(1) Section 51(1)
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Gazette notice or notice published in a newspaper circulating generally in the vicinity of the port
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notice published in accordance with subsection (1A)
(2) Section 51(2)
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(1A) The notice must be published on the regional harbourmaster's website or in the manner that, in the opinion of the regional harbourmaster, is most likely to bring it to the attention of persons who may be affected by it.
(2) However, the regional harbourmaster for a designated port may only exercise the power given by subsection (1) if:
(a) the harbourmaster:
(i) is satisfied that the closure would not have, and could not reasonably be expected to have, an adverse impact on commercial shipping; and
(ii) has given the port operator of the port written notice of its intention to do so; or
(b) the closure is for 30 days or less and the port operator of the port consents to the closure.
(3) After section 51(7)
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(7A) Subsections (4) and (5) do not apply to a police officer if:
(a) the officer is acting in the course of the officer's duties and taking reasonable care; and
(b) it is reasonable for the officer to enter the closed waters.
(4) Section 51(8)
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or a person authorised by the regional harbourmaster,
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a police officer or a person authorised by the regional harbourmaster
(5) After section 51(8)
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(9) A person commits an offence if:
(a) the person is directed to remove a vessel from closed waters under subsection (8); and
(b) the person fails to comply with the direction.
Maximum penalty: 50 penalty units.
(10) An offence against subsection (9) is an offence of strict liability.
(11) It is a defence to a prosecution for an offence against subsection (9) if the defendant has a reasonable excuse.