Document ID: chunk:federal_register_of_legislation:F2015L00365:reg:17
Version: federal_register_of_legislation:F2015L00365
Segment Type: reg
Provision Reference: reg 17
Character Range: 12002–13010

17  Moorings not to be laid in naval waters without permission
 (1) A person commits an offence of strict liability if:
 (a) the person lays a mooring in a position in naval waters; and
 (b) the person does not have written permission from the superintendent of the naval waters to lay the mooring in that position.
Penalty: 10 penalty units.
 (2) Subsection (1) does not apply if the person has a reasonable excuse for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).
 (3) A mooring laid under subsection (1) must, on notice in writing from the superintendent, be removed by the person who is the owner of the mooring.
 (4) If:
 (a) the superintendent requires, under subsection (3), a mooring in naval waters to be removed; and
 (b) the mooring is not removed accordingly;
the superintendent may remove the mooring, and the owner of the mooring must pay to the superintendent the cost of the removal.