Document ID: chunk:federal_register_of_legislation:F2015L00365:reg:9
Version: federal_register_of_legislation:F2015L00365
Segment Type: reg
Provision Reference: reg 9
Character Range: 5040–6624

9  Making vessels fast to forts etc.
 (1) The master of a vessel commits an offence of strict liability if:
 (a) the master causes or permits the vessel to be made fast to any fort, Commonwealth mooring, buoy, breakwater, jetty, pile, vessel, or exempt vessel in naval waters; and
 (b) the master does not have permission from the superintendent of the naval waters to do so.
Penalty: 5 penalty units.
 (2) Subsection (1) does not apply if the master has a reasonable excuse for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).
 (3) The superintendent of the naval waters may give or withhold permission under this section. A permission may be given subject to any terms and conditions the superintendent considers appropriate.
 (4) The terms and conditions on which permission may be given may, subject to the approval of the Minister, include the imposition of a charge for making a vessel fast to any fort, Commonwealth moorings, buoys, breakwater, jetties, piles, vessels, or exempt vessels, in the naval waters.
 (5) The master of a vessel commits an offence of strict liability if:
 (a) the master has been given a permission under this section; and
 (b) the master contravenes a term or condition of the permission.
Penalty: 5 penalty units.
 (6) Subsection (5) does not apply if the master has a reasonable excuse for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).