Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:28
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 28
Character Range: 43896–44629

28  Operating power boat near swimming area
 (1) A person commits an offence of strict liability if the person operates a power boat:
 (a) in a swimming area prescribed for the purposes of section 13; or
 (b) within 60 metres of a swimming area prescribed for the purposes of section 13.
Penalty: 23 penalty units.
 (2) Subsection (1) does not apply if:
 (a) the person is operating the boat to undertake works or maintenance for the Commonwealth or the Australian Capital Territory; or
 (b) the operation of the boat 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).

Division 5—Other prohibitions