Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CONTROL OF NAVAL WATERS REGULATION 2015 (SLI NO 27 OF 2015) - REG 24

Guns not to be discharged

             (1)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct results in a gun, firearm or air-gun being discharged over naval waters from a boat or vessel or from the shore; and

                     (c)  the person is reckless as to the result in paragraph (b).

Penalty:  5 penalty units.

             (2)  Subsection (1) does not apply if:

                     (a)  the person is member of the Defence Force, the Australian Federal Police or a Police Force or Service of a State or Territory performing duties in naval waters; and

                     (b)  the conduct is engaged in by the person in the course of his or her duties as such a member.

Note:           A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code ).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback