Commonwealth Consolidated Regulations

CONTROL OF NAVAL WATERS REGULATIONS 1922 - REG 9

(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 ).