Commonwealth Numbered Regulations

DEFENCE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 2) 2001 NO. 305 - SCHEDULE 1

(regulation 3)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Control of Naval Waters Regulations 1922 .

[2] Subregulation 4 (4)

substitute

(4) A person is guilty of an offence if:

(a)

a notice is given under this regulation; and

(b)

the person engages in conduct; and

(c)

the conduct is not in accordance with the notice; and

(d)

the person is reckless as to the circumstance in paragraph (c).

Penalty:
5 penalty units.

(4A)

Strict liability applies to paragraph (4) (a).

Note    For strict liability , see section 6.1 of the Criminal Code .

[3] Regulation 6

substitute

6 Vessels not to impede approaches

(1)

The master of a vessel is guilty of an offence if the master causes or permits the vessel to lie, or to be moored or anchored, in naval waters in a position that impedes the approach to an installation.

Penalty:
10 penalty units.

(2) An offence under this regulation is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(3)

It is a defence if the master had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (3) (see section 13.3 of the Criminal Code ).

[4] Subregulation 7 (1)

substitute

(1) The master of a vessel is guilty of an offence if:

(a)

the master causes or permits the vessel to be made fast to any fort, Commonwealth mooring, buoy, breakwater, jetty, pile, vessel, or exempt vessel in naval waters; and

(b)

the master does not have permission from the superintendent of the naval waters to do so.

Penalty:
5 penalty units.

(1A)

An offence under subregulation (1) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

(1B)

It is a defence to a charge under subregulation (1) if the master had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (1B) (see section 13.3 of the Criminal Code ).

[5] Subregulation 7 (4)

substitute

(4) The master of a vessel is guilty of an offence if:

(a)

the master has been granted a permission under this regulation; and

(b) the master contravenes a term or condition of the permission.

Penalty:
5 penalty units.

(5)

An offence under subregulation (4) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(6)

It is a defence to a charge under subregulation (4) if the master had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (6) (see section 13.3 of the Criminal Code ).

[6] Regulation 9

substitute

9 Vessels not to anchor near Commonwealth moorings
(1) The master of a vessel is guilty of an offence if the master causes or permits the vessel to be anchored or moored:

(a)

within 180 metres, or another distance specified by the relevant superintendent, from the centre of a mooring placed under regulation 8; or

(b)

in such a position as to be liable to foul an exempt vessel at a mooring placed under regulation 8.

Penalty:
10 penalty units.

(2)

An offence under this regulation is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(3)

It is a defence if the master had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (3) (see section 13.3 of the Criminal Code ).

[7] Regulation 10

substitute

10 Vessels not to anchor near navigable channels in naval waters
(1) The master of a vessel is guilty of an offence if:

(a)

the vessel is more than 10 metres in overall length; and

(b) the master causes or permits the vessel:

(i)

to be anchored; or

(ii)

to be left at any time without a ship-keeper;

in or near any of the navigable channels of naval waters.

Penalty:
10 penalty units.

(2)

An offence under this regulation is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(3)

It is a defence if the master had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (3) (see section 13.3 of the Criminal Code ).

[8] Regulation 11

substitute

11 Vessels not to be near installations etc
(1) The master of a vessel is guilty of an offence if:

(a)

the master causes or permits the vessel to dredge, loiter, or anchor in naval waters within 100 metres of an installation, exempt vessel or any other vessel; and

(b)

the master does not have written permission from the superintendent of the naval waters to do so.

Penalty:
10 penalty units.

(2) The master of a vessel is guilty of an offence if:

(a)

the master causes or permits the vessel or a person under his or her control to interfere with an installation in naval waters; and

(b)

the master does not have written permission from the superintendent of the naval waters to do so.

Penalty:
10 penalty units.

(3)

An offence under subregulation (1) or (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(4)

It is a defence to a charge under subregulation (1) or (2) if the master had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (4) (see section 13.3 of the Criminal Code ).

11A Persons not to be near installations etc
(1) A person is guilty of an offence if the person:
(a) enters or remains in:
(i) naval waters within 100 metres of:

(A) an installation; or
(B) an exempt vessel; or
(C) 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 relevant naval waters to do so.

Penalty:
5 penalty units.

(2) A person is guilty of an offence 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.

(3)

An offence under subregulation (1) or (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code.

(4)

It is a defence to a charge under subregulation (1) or (2) if the person had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (4) (see section 13.3 of the Criminal Code ).

[9] Regulation 12

substitute

12 Vessel not to approach installations
(1) The master of a vessel is guilty of an offence if:

(a)

the master causes or permits the vessel to approach, in naval waters, within 30 metres of an installation, exempt vessel or any other vessel; and

(b)

the vessel is not proceeding on Commonwealth business to or from the installation, exempt vessel or other vessel; and

. (c) the master does not have written permission from the superintendent of the naval waters to do so.

Penalty:
5 penalty units.

(2) An offence under this regulation is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(3)

It is a defence if the master had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (3) (see section 13.3 of the Criminal Code ).

[10] Subregulation 13 (1)

substitute

(1) A person is guilty of an offence if:

(a)

the person lays a mooring in a position in naval waters; and

(b)

the person does not have written permission from the superintendent of the naval waters to lay the mooring in that position.

Penalty:
10 penalty units.

(1A)

An offence under this regulation is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(1B)

It is a defence if the person had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (1B) (see section 13.3 of the Criminal Code ).

[11] Regulation 15

substitute

15 Vessels not to anchor near electric cables in naval waters

(1)

The master of a vessel is guilty of an offence if the master causes or permits the vessel to be anchored within 180 metres of the line of an electric cable laid down in naval waters, and indicated by discernible marks erected on shore.

Penalty:
5 penalty units.

(2)

An offence under this regulation is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(3)

It is a defence if the master had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (3) (see section 13.3 of the Criminal Code ).

[12] Regulation 25

substitute

25 Refuse etc not to be deposited in or near naval waters

(1)

Subject to subregulation (6), the superintendent of naval waters may issue a notice permitting a person, or a class of persons, to place material of a specified kind in a position in the naval waters, or in a position from which the material is likely to be washed into the naval waters (a position nearby the naval waters).

(2)

A permission under subregulation (1) may be subject to conditions.

(3) A person is guilty of an offence if:

(a)

the person causes or permits material to be placed in or nearby naval waters; and

(b)

the placement is not in accordance with a notice under this regulation.

Penalty:
10 penalty units.

(4)

An offence under this regulation is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(5) It is a defence if the master had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (5) (see section 13.3 of the Criminal Code ).

(6)

Nothing in this regulation affects the operation of a law of a State or Territory.

(7) In this regulation:

"material" includes ballast, stones, sand, earth, clay, refuse, ashes, timber, carcasses, rubbish, dust, fuel, oil, or refuse from a quarry, mine or pit, and any other pollutant.

[13] Regulation 26

substitute

26 Vessels not to be cleaned without permission

(1)

The superintendent of naval waters may permit a vessel to be cleaned in the naval waters.

(2)

A permission may be subject to conditions, including conditions about the place or the manner of the cleaning of the vessel.

(3) A person is guilty of an offence if:

(a)

the person causes or permits a vessel to be cleaned in naval waters; and

(b)

the cleaning is not in accordance with a permission under this regulation.

Penalty:
10 penalty units.

(4)

An offence under this regulation is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(5) It is a defence if the person had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (5) (see section 13.3 of the Criminal Code ).

(6) In this regulation:

"clean "includes bream or careen.

[14] Subregulation 28 (4)

substitute

(4) A person is guilty of an offence if:

(a)

a notice is given under this regulation; and

(b)

the person engages in conduct; and

(c)

the conduct is not in accordance with the notice; and

(d)

the person is reckless as to the circumstance in paragraph (c).

Penalty:
5 penalty units.

(5)

Strict liability applies to paragraph (4) (a).

Note    For strict liability , see section 6.1 of the Criminal Code .

[15] Regulation 29

substitute

29 Guns not to be discharged
(1) A person is guilty of an offence if:

(a)

the person engages in conduct; and

(b)

the conduct results in a gun, firearm or air-gun being discharged over naval waters from a boat or vessel or from the shore; and

(c)

the person is reckless as to the result in paragraph (b).

Penalty:
5 penalty units.

(2) Subregulation (1) does not apply to a member of the Defence Force, the Australian Federal Police or a Police Force or Service of a State or Territory engaged within the limits of naval waters.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (2) (see section 13.3 of the Criminal Code ).

[16] Regulation 30

substitute

30 Vessels with dangerous cargoes not to enter naval waters without permission

(1)

The superintendent of naval waters may give written permission for a vessel carrying explosives or other dangerous goods to enter the naval waters.

(2)

A permission may be subject to conditions, including conditions as to time, berthing and discharge of cargo.

(3)

A permission may be cancelled, or its conditions varied, at any time.

(4) The master of a vessel is guilty of an offence if:

(a)

the vessel is carrying explosives or other dangerous goods; and

(b)

the master causes or permits the vessel to enter or remain in naval waters; and

(c)

the entry or stay is not in accordance with a permission under this regulation.

Penalty:
10 penalty units.

(5) The master of a vessel in naval waters is guilty of an offence if:

(a)

the vessel is carrying explosives or other dangerous goods; and

(b)

the master causes or permits anything to be done in relation to the vessel or cargo that is not in accordance with a permission under this regulation.

Penalty:
10 penalty units.

(6)

An offence under subregulation (4) or (5) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(7)

It is a defence to a charge under subregulation (4) or (5) if the master had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (7) (see section 13.3 of the Criminal Code ).

[17] Regulation 31

substitute

31 Vessels carrying dangerous cargoes to display signals
(1) The master of a vessel in naval waters is guilty of an offence if:

(a)

the vessel is carrying, loading or unloading explosives or other dangerous goods; and

(b) the master does not cause the vessel to display prominently:

(i)

between sunrise and sunset — a large red flag or burgee; and

(ii)

between sunset and sunrise — a red light, visible in clear weather for at least 3 kilometres.

Penalty:
5 penalty units.

(2)

An offence under this regulation is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(3)

It is a defence if there was a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (3) (see section 13.3 of the Criminal Code ).