Document ID: chunk:federal_register_of_legislation:F2015L00365:reg:25
Version: federal_register_of_legislation:F2015L00365
Segment Type: reg
Provision Reference: reg 25
Character Range: 19015–20593

25  Vessels with dangerous cargoes not to enter naval waters without permission
 (1) The superintendent of any naval waters may give written permission for a vessel carrying explosives or other dangerous goods to enter those naval waters.
 (2) A permission under subsection (1) may be subject to conditions, including conditions as to time, berthing and discharge of cargo.
 (3) A permission may be cancelled, or its conditions varied, at any time.
 (4) The master of a vessel commits an offence of strict liability if:
 (a) the vessel is carrying explosives or other dangerous goods; and
 (b) the master causes or permits the vessel to enter or stay in naval waters; and
 (c) the entry or stay is not in accordance with a permission under this section.
Penalty: 10 penalty units.
 (5) Subsection (4) does not apply if the master 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).
 (6) The master of a vessel in naval waters commits an offence of strict liability if:
 (a) the vessel is carrying explosives or other dangerous goods; and
 (b) the master causes or permits anything to be done in relation to the vessel or cargo that is not in accordance with a permission under this section.
Penalty: 10 penalty units.
 (7) Subsection (6) does not apply if the master 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).