Commonwealth Consolidated Regulations

CONTROL OF NAVAL WATERS REGULATIONS 1922 - REG 29

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

(a)

the person engages in conduct; and

(b)

the conduct results in a gun, firearm or air-gun being discharged over naval waters from a boat or vessel or from the shore; and

(c)

the person is reckless as to the result in paragraph (b).

Penalty:   5 penalty units.

(2) Subregulation (1) does not apply to a member of the Defence Force, the Australian Federal Police or a Police Force or Service of a State or Territory engaged within the limits of naval waters.

Note    A defendant bears an evidential burden in relation to the matter in subregulation (2) (see section 13.3 of the Criminal Code ).