Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38ca
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38CA
Character Range: 95409–97502

38CA  Conduct in unzoned area: offence
 (1) A person commits an offence if the person engages in any of the following conduct in the unzoned area:
 (a) building, assembling or fixing in position:
 (i) a building or similar structure; or
 (ii) a pontoon or other floating structure; or
 (iii) a walkway, mooring facility or similar structure; or
 (iv) a device for catching marine animals;
 (b) operating a vessel (see subsection (3)) with provision for more than 8 sleeping berths in the one vicinity for more than:
 (i) 14 consecutive days; or
 (ii) 30 days in any period of 60 days;
 (c) carrying out reclamation work, beach protection work, road building work or any other work;
 (d) constructing a landing area;
 (e) constructing a farming facility;
 (f) conducting operations in or on, or maintaining:
 (i) a building or similar structure; or
 (ii) a pontoon or other floating structure; or
 (iii) a walkway, mooring facility or similar structure;
 (g) maintaining a device for catching marine animals;
 (h) demolishing or removing:
 (i) a building or similar structure; or
 (ii) a pontoon or other floating structure; or
 (iii) a walkway, mooring facility or similar structure;
and the person is not authorised to engage in the conduct by:
 (i) a permission granted under the regulations for the purposes of this section; or
 (j) an authority given in accordance with a condition of a permission referred to in paragraph (i).
Penalty:
 (a) for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or
 (b) in any other case—1,000 penalty units.
Note: See also Division 8.
 (2) Strict liability applies to the physical element of circumstance in subsection (1), that the person engages in the conduct in the unzoned area.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) The references in subsection (1) and section 38CB to operating a vessel include references to the following:
 (a) conducting operations in or on the vessel;
 (b) using the vessel as a base for carrying on other activities;
 (c) carrying out maintenance of the vessel.