(1) A person who,
without the approval of the CE, contravenes, in a restricted area, a control
applying in the area under Schedule 5 is guilty of an offence.
Maximum penalty: $1 250.
(2) It is a defence to
a charge of an offence against subregulation (1) if the defendant proves
that they were taking part in—
(a) a
rescue operation or otherwise acting in an emergency; or
(b) a
surf lifesaving activity conducted by a surf lifesaving club.
(3) If a vessel is
involved in the commission of an offence against subregulation (1), the
owner of the vessel is also guilty of an offence.
Maximum penalty: $1 250.
(4) It is a defence to
a charge of an offence against subregulation (3) if the owner proves that
the vessel was operated in the manner constituting the offence without the
owner's consent.
(5) If an offence
against subregulation (1) is constituted of a person being towed by a
vessel, the operator of the vessel is also guilty of an offence.
Maximum penalty: $1 250.
(6) This regulation
does not apply in relation to an authorised person operating a vessel
if—
(a) the
authorised person is acting in the course of official duties; and
(b) in
the circumstances, the authorised person is taking reasonable care.