Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:19
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 19
Character Range: 34300–35605

19  Mooring offences
 (1) A person commits an offence of strict liability if:
 (a) the person moors a boat on a lake; and
 (b) the person does not hold a mooring permit.
Penalty: 38 penalty units.
 (2) A person who holds a mooring permit commits an offence of strict liability if the person moors a boat on a lake at a place that is not in a prescribed mooring area.
Penalty: 23 penalty units.
 (3) Subsection (2) does not apply if the mooring 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).
 (4) A person who holds a mooring permit commits an offence of strict liability if:
 (a) the person moors a boat in a prescribed mooring area; and
 (b) the boat is moored to something other than:
 (i) a buoy anchored in accordance with an approval given by the Minister under section 16; or
 (ii) a wharf or jetty erected in accordance with an approval given by the Minister under section 16.
Penalty: 4 penalty units.
 (5) A person who holds a mooring permit commits an offence of strict liability if:
 (a) the person moors a boat in a prescribed mooring area; and
 (b) the mooring does not comply with the conditions on the person's mooring permit.
Penalty: 4 penalty units.