12—Special rule in relation to swimming etc near Glenelg breakwaters
(1) A person must not,
without lawful excuse, swim, bathe or dive (including scuba dive) in the
waters of Gulf St. Vincent that are within 40 m of any part
of—
(a) the
northern breakwater or southern breakwater associated with the mouth of the
Patawalonga Creek at Glenelg; or
(b) the
breakwater located approximately 165 m south-west of the southern
breakwater associated with the mouth of the Patawalonga Creek at Glenelg.
Maximum penalty: $1 250.
(2) It is a defence to
a charge of an offence against subregulation (1) for the defendant to
prove that—
(a) the
defendant was taking part in a rescue operation or otherwise acting in an
emergency; or
(b) the
defendant was taking part in a surf lifesaving activity conducted by a surf
lifesaving club.