Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:171
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 171
Character Range: 261098–263397

171  Public mooring and public infrastructure not to be removed, misused or damaged

Public mooring
 (1) A person commits an offence of strict liability if:
 (a) the person engages in conduct; and
 (b) the conduct results in:
 (i) the removal of a public mooring; or
 (ii) the misuse of a public mooring; or
 (iii) damage to a public mooring.
Note: For the definition of public mooring, see subsection 5(1).
Penalty: 50 penalty units.
 (2) A person commits an offence of strict liability if:
 (a) the person is:
 (i) the master of a vessel; or
 (ii) the person in charge of a vessel; or
 (iii) the owner of a vessel; or
 (iv) any other person responsible for a vessel; and
 (b) any person on the vessel engages in conduct; and
 (c) the conduct results in:
 (i) the removal of a public mooring; or
 (ii) the misuse of a public mooring; or
 (iii) damage to a public mooring.
Penalty: 50 penalty units.

Public infrastructure
 (3) A person commits an offence of strict liability if:
 (a) the person engages in conduct; and
 (b) the conduct results in:
 (i) the removal of public infrastructure; or
 (ii) the misuse of public infrastructure; or
 (iii) damage to public infrastructure.
Note: For the definition of public infrastructure, see subsection 5(1).
Penalty: 50 penalty units.
 (4) A person commits an offence of strict liability if:
 (a) the person is:
 (i) the master of a vessel; or
 (ii) the person in charge of a vessel; or
 (iii) the owner of a vessel; or
 (iv) any other person responsible for a vessel; and
 (b) a person on the vessel engages in conduct; and
 (c) the conduct results in:
 (i) the removal of public infrastructure; or
 (ii) the misuse of public infrastructure; or
 (iii) damage to public infrastructure.
Penalty: 50 penalty units.

Exception—liability of owner when vessel stolen
 (5) A person does not commit an offence against this section that occurs as a result of the use of, or an attribute of, a vessel if:
 (a) the person is the owner of the vessel; and
 (b) the alleged offence is committed by another person who was in charge of the vessel; and
 (c) at the time of the alleged offence, the vessel was stolen or illegally taken.
Note: A defendant bears an evidential burden in relation to matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).