(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 ).