(1) A person must not, without lawful excuse (proof of which lies on the person) do any of the following things in relation to a navigational aid for a port ¾

(a) damage it;

(b) make a vessel fast to it or otherwise use a vessel in a way that might damage it;

(c) obstruct or interfere with its display or operation;

(d) obstruct or interfere with any emission or transmission from it.

Penalty: $20 000 or imprisonment for 20 months.

(2) A person who is convicted of an offence under subsection (1)(a) is liable, in addition to suffering any penalty imposed in respect of that offence, to pay to the port authority for the port all expenses reasonably incurred by the port authority in making good the damage and the port authority may recover those expenses from that person in a court of competent jurisdiction as a debt due to the port authority.

(3) Subsection (2) does not affect the operation of section 113 in relation to damage to which that section applies.