Commodore
Any chance of a link to the legislation you refer to?
Did you know that Poo Legislation precludes sections 23 and 24 of the Criminal Code applying to the vessel-sourced sewage legislation? These provisions are a defence to all laws in Queensland and the rest of the country and that right has been taken away from Boaties. Section 23 of the Criminal Code says that you cannot be “held responsible for an act independent of your will”. Therefore, as it is now understood, if paedophile A lends his car to paedophile mate B and B uses his car to rape and murder a child, then paedophile A has a defence under the law to say “I didn’t know he was going to do that”.
That same right of defence has been taken away from Boaties under this Poo Legislation, so if someone breaks the poo laws on your boat without your knowledge you have NO defence. How does it feel to know that you have fewer rights than a paedophile? The article also explains that section 24 of the Criminal Code says that if you have an honest and reasonable belief about the state of things, you are only criminally responsible to the extent of that belief.
Therefore, if you believe your vessel sewerage treatment system is working properly, you’ve just had it serviced and for some reason unbeknown to you it isn’t, section 24 should be a defence as you believed on reasonable grounds that it was working.
Wrong! Under the legislation, the Poo Police have taken away this defence from Boaties as well, shell out $63,000 fine thank you very much!
Sections 23 and 24 of the Code provide defences to any hideous crime you care to mention anywhere in Australia but NOT if you’re a Boatie in Queensland! But it gets worse! Apparently this vessel sewage legislation contains “deeming” legislation as well. For example if you spend four days fishing in the Great Sandy Straight and the Poo Police come along, they can board your boat, check your sewage tank and deem that your tank is insufficient to hold your crews sewage for four days and therefore “deem” that you must have been pumping sewage overboard!
And another $63,000 thanks very much! One assumes they have obtained University honours in human bowel movements along the way! No proof, evidence, no chance to say your bit in court and put up a defence, just the Poo Police assumption that the bowels of you and the crew are moving regularly, then bingo, off with your head!
Queensland – the Smart State!
Commodore
Any chance of a link to the legislation you refer to?
This doesn't make sense to me ???. When I hire a houseboat in the broadwater, I flush the toilet and watch it ALL float back behind the boat. Excellent burley trail for gar and bream. Catch and cook em. Yum, Yum.
Self Proclaimed Idiot, I am confused
So foe boats that have a direct disposal toilet into the sea, Can these be
used or not?
whats the fking point of this legislation anyway, when Brisbane City Council (and probably lots of others too) sewerage pipes overflow directly into the river whenever it rains?
Jeremy
"The underlying spirit of angling is that the skill of the angler is pitted against the instinct and strength of the fish and the latter is entitled to an even chance for it's life."
(Quotation from the rules of the Tuna Club Avalon, Santa Catalina, U.S.A.)
Apathy is the enemy
SH!T EH!
Imagine the poor guy trying to collect the evidence.
Or submitting the photos in court?
you're a photographer Dug.....
Jeremy
"The underlying spirit of angling is that the skill of the angler is pitted against the instinct and strength of the fish and the latter is entitled to an even chance for it's life."
(Quotation from the rules of the Tuna Club Avalon, Santa Catalina, U.S.A.)
Apathy is the enemy
I think the Commodore is a shit stirrer
Now photos are not admissible in court by themselves the person who took them has to go and say "Yes, I took that photo and it is a true representation of the scene / object"
I can just imagine saying "Yes your Honor that is the bum I saw hanging over the side of the boat........"
Originally Posted by Dug