Commonwealth Consolidated Regulations

CONTROL OF NAVAL WATERS REGULATIONS 1922 - REG 11

(1) The master of a vessel is guilty of an offence if:

(a)

the master causes or permits the vessel to dredge, loiter, or anchor in naval waters within 100 metres of an installation, exempt vessel or any other vessel; and

(b)

the master does not have written permission from the superintendent of the naval waters to do so.

Penalty:   10 penalty units.

(2) The master of a vessel is guilty of an offence if:

(a)

the master causes or permits the vessel or a person under his or her control to interfere with an installation in naval waters; and

(b)

the master does not have written permission from the superintendent of the naval waters to do so.

Penalty:   10 penalty units.

(3)

An offence under subregulation (1) or (2) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

(4)

It is a defence to a charge under subregulation (1) or (2) if the master had a reasonable excuse for the relevant conduct.

Note    A defendant bears an evidential burden in relation to the matter in subregulation (4) (see section 13.3 of the Criminal Code ).