Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:15
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 15
Character Range: 30897–32249

15  Restrictions on swimming and diving
 (1) A person commits an offence of strict liability if the person swims in a lake or dives into a lake in an area prescribed for the purposes of section 13 to be an area where swimming or diving is not permitted.
Penalty: 4 penalty units.
 (2) Subsection (1) does not apply if the swimming or diving is authorised by a regulated activity permit.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (3) A person commits an offence of strict liability if the person:
 (a) swims in Lake Burley Griffin between Kings Avenue Bridge and Commonwealth Avenue Bridge (including directly under either bridge); or
 (b) dives into Lake Burley Griffin from Kings Avenue Bridge or Commonwealth Avenue Bridge, or between those bridges;
and the swimming or diving is not in an area prescribed to be a swimming area for the purposes of section 13.
Penalty: 23 penalty units.
 (4) Subsection (3) does not apply if the swimming or diving is:
 (a) authorised by a regulated activity permit; or
 (b) in accordance with an agreement under section 35 in relation to a person undertaking a commercial activity.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).