Document ID: chunk:federal_register_of_legislation:F2024C00948:reg:86
Version: federal_register_of_legislation:F2024C00948
Segment Type: reg
Provision Reference: reg 86
Character Range: 84335–86131

86  Navigating in area that is a closed zone

Offence
 (1) The master of a boat commits an offence of strict liability if the boat is navigated in an area that is a closed zone that relates to the boat.
Penalty: 25 penalty units.

Exceptions
 (2) Subsection (1) does not apply if information given by the boat's vessel monitoring system shows, for the period that the boat was in the closed zone:
 (a) that the boat was travelling at a speed of 5 knots or more as worked out under subsection (4); or
 (b) that:
 (i) the boat was navigated in the closed zone for a period of 30 minutes or more; and
 (ii) the boat was stationary (see subsection (5)).
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) Subsection (1) does not apply if:
 (a) AFMA had given approval for the boat to be navigated in the closed zone because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and
 (b) the boat was navigated in the closed zone in accordance with any instructions given by AFMA.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Working out a boat's speed
 (4) To work out a boat's speed in knots for the purposes of this section:
 (a) for each consecutive pair of points identified by the boat's vessel monitoring system, identify the shortest distance between the pair of points in a straight line; and
 (b) divide the distance by the time taken by the boat to travel between the 2 points.
 (5) For the purposes of this section, a boat is taken to be stationary if it is travelling at a speed of 0.5 knots or less as worked out under subsection (4).

Division 4—Unclaimed equipment