(1) A person commits an offence of strict liability if the person:
(a) enters or remains in:
(i) naval waters within 100 metres of an installation, an exempt vessel, or any other vessel, in the waters or on the foreshore of the waters; or
(ii) the foreshore of such waters; and
(b) the person does not have written permission from the superintendent of the naval waters to do so.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person 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) A person commits an offence of strict liability if:
(a) the person engages in conduct that interferes with an installation in naval waters or on the foreshore of naval waters; and
(b) the person 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 person 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 ).