Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:181
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 181
Character Range: 272648–273667

181  Other craft—caution zones near calves
 (1) A person (the operator) operating a vessel that is not a prohibited vessel commits an offence of strict liability if the operator contravenes subsection (2) or (3) in the Marine Park.
Penalty: 50 penalty units.

Requirements for caution zones
 (2) The operator must not allow the vessel to enter the caution zone of a calf.
 (3) If a calf appears within an area resulting in the vessel being within the caution zone of the calf, the operator must:
 (a) immediately stop the vessel; and
 (b) do any one or more of the following:
 (i) turn off the vessel's engines;
 (ii) disengage the gears;
 (iii) withdraw the vessel from the caution zone at a constant speed of less than 6 knots so that the vessel remains at least 300 metres away from the calf.

Exception
 (4) Subsection (2) does not apply if the calf approached the vessel.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).