Commonwealth Consolidated Regulations

CONTROL OF NAVAL WATERS REGULATIONS 1922 - REG 11A

(1) A person is guilty of an offence if the person:
(a) enters or remains in:
(i) naval waters within 100 metres of:

(A)

an installation; or

(B)

an exempt vessel; or

(C)

any other vessel;

in the waters or on the foreshore of the waters; or

(ii)

the foreshore of such waters; and

(b)

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

Penalty:   5 penalty units.

(2) A person is guilty of an offence if:

(a)

the person engages in conduct that interferes with an installation in naval waters or on the foreshore of naval waters; and

(b)

the person 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 person 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 ).