(1) The master of a vessel commits an offence of strict liability 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) Subsection (1) does not apply if the master has a reasonable excuse for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code ).
(3) The master of a vessel commits an offence of strict liability 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.
(4) Subsection (3) does not apply if the master has a reasonable excuse for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code ).