Document ID: chunk:federal_register_of_legislation:F2015L00365:reg:23
Version: federal_register_of_legislation:F2015L00365
Segment Type: reg
Provision Reference: reg 23
Character Range: 16628–18246

23  Speed of vessels in naval waters
 (1) If the superintendent of any naval waters is satisfied that it is in the interests of:
 (a) public safety; or
 (b) the safety of property; or
 (c) the defence of the Commonwealth;
the superintendent may, by notice, give directions concerning the speed of vessels in those naval waters or any specified part of those naval waters.
 (2) A direction under subsection (1) may be:
 (a) absolute; or
 (b) subject to any approval given by the superintendent by notice; or
 (c) subject to any conditions imposed by the superintendent by notice.
 (3) The superintendent of the naval waters must cause a notice under subsection (1) or paragraph (2)(b) or (c) to be given to such person or persons, in such manner, at such time and in such place as is reasonably required for the protection of the public, or any person who may be affected by the use by the Commonwealth of the naval waters, as the case may be, having regard to:
 (a) the purpose for which those waters are used by the Commonwealth; and
 (b) the time when those waters are so used; and
 (c) the risk of injury to persons; and
 (d) the risk of damage to, or interference with, Commonwealth or other property; and
 (e) the forms of communication and the time available for giving the notice.
 (4) A person commits an offence if:
 (a) a notice is given under this section; and
 (b) the person engages in conduct; and
 (c) the conduct is not in accordance with the notice; and
 (d) the person is reckless as to the circumstance in paragraph (c).
Penalty: 5 penalty units.
 (5) Strict liability applies to paragraph (4)(a).