Document ID: chunk:federal_register_of_legislation:F2015L00365:reg:14
Version: federal_register_of_legislation:F2015L00365
Segment Type: reg
Provision Reference: reg 14
Character Range: 9487–10721

14  Persons not to be near installations etc.
 (1) A person commits an offence of strict liability if the person:
 (a) enters or remains in:
 (i) naval waters within 100 metres of an installation, an exempt vessel, or any other vessel, in the waters or on the foreshore of the waters; or
 (ii) the foreshore of such waters; and
 (b) the person does not have written permission from the superintendent of the naval waters to do so.
Penalty: 5 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 person commits an offence of strict liability if:
 (a) the person engages in conduct that interferes with an installation in naval waters or on the foreshore of naval waters; and
 (b) the person does not have written permission from the superintendent of the naval waters to do so.
Penalty: 10 penalty units.
 (4) Subsection (3) 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).