Document ID: chunk:federal_register_of_legislation:F2015L00365:reg:26
Version: federal_register_of_legislation:F2015L00365
Segment Type: reg
Provision Reference: reg 26
Character Range: 20593–21397

26  Vessels carrying dangerous cargoes to display signals
 (1) The master of a vessel in naval waters commits an offence of strict liability if:
 (a) either:
 (i) the vessel is carrying explosives or other dangerous goods; or
 (ii) explosives or other dangerous goods are loaded onto, or unloaded from, the vessel; and
 (b) the master does not cause the vessel to display prominently:
 (i) between sunrise and sunset—a large red flag or burgee; and
 (ii) between sunset and sunrise—a red light, visible in clear weather for at least 3 kilometres.
Penalty: 5 penalty units.
 (2) Subsection (1) 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).