Document ID: chunk:federal_register_of_legislation:F2015L00365:reg:24
Version: federal_register_of_legislation:F2015L00365
Segment Type: reg
Provision Reference: reg 24
Character Range: 18246–19015

24  Guns not to be discharged
 (1) A person commits 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) Subsection (1) does not apply if:
 (a) the person is member of the Defence Force, the Australian Federal Police or a Police Force or Service of a State or Territory performing duties in naval waters; and
 (b) the conduct is engaged in by the person in the course of his or her duties as such a member.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).