South Australian Current Regulations

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HARBORS AND NAVIGATION REGULATIONS 2023 - REG 10

10—Restricted areas

        (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.



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