Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:29
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 29
Character Range: 44629–45865

29  Anchoring boats at night
 (1) A person commits an offence of strict liability if the person anchors a boat on a lake at night.
Penalty: 38 penalty units.
 (2) Subsection (1) does not apply if anchoring the boat 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) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that:
 (a) the boat was anchored to allow fishing by a hand‑held rod and line; and
 (b) the defendant or someone else was fishing by a hand‑held rod and line for most of the time the boat was anchored.

Note: A defendant bears a legal burden in relation to the matter in this subsection (see section 13.4 of the Criminal Code).
 (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that:
 (a) the boat was anchored for the purpose of viewing a fireworks display; and
 (b) the defendant or someone else was on the boat for that purpose when the boat was anchored.

Note: A defendant bears a legal burden in relation to the matter in this subsection (see section 13.4 of the Criminal Code).