Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:89
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 89
Character Range: 98930–100459

89  Safe use of lake areas or associated works

Inspector may give a direction
 (1) An inspector may direct a person using a lake area, or an associated work, to do or not to do something if the inspector reasonably believes that the direction is necessary to:
 (a) ensure the safety of a person; or
 (b) ensure compliance with this Ordinance; or
 (c) prevent damage to property in the lake area or the associated work.

Offence for non‑compliance with direction
 (2) A person commits an offence of strict liability if:
 (a) the person is given a direction by an inspector under subsection (1); and
 (b) at the time the direction is given, the inspector:
 (i) if the inspector is not a police officer—produces the inspector's identity card to the person; and
 (ii) warns the person that failing to comply with the direction is an offence; and
 (c) the person fails to comply with the direction.
Penalty: 23 penalty units.

Compliance required despite another offence under this Ordinance
 (3) Subsection (2) applies to a person even if, in complying with the direction, the person commits an offence against another provision in this Ordinance.
 (4) It is a defence to a prosecution of a person for an offence against another provision in this Ordinance if the person proves that the person was complying with a direction given under subsection (1) of this section at the time the offence was committed.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4 of the Criminal Code).