(1) The superintendent of any naval waters may give written permission for a vessel carrying explosives or other dangerous goods to enter those naval waters.
(2) A permission under subsection (1) may be subject to conditions, including conditions as to time, berthing and discharge of cargo.
(3) A permission may be cancelled, or its conditions varied, at any time.
(4) The master of a vessel commits an offence of strict liability if:
(a) the vessel is carrying explosives or other dangerous goods; and
(b) the master causes or permits the vessel to enter or stay in naval waters; and
(c) the entry or stay is not in accordance with a permission under this section.
Penalty: 10 penalty units.
(5) Subsection (4) 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 ).
(6) The master of a vessel in naval waters commits an offence of strict liability if:
(a) the vessel is carrying explosives or other dangerous goods; and
(b) the master causes or permits anything to be done in relation to the vessel or cargo that is not in accordance with a permission under this section.
Penalty: 10 penalty units.
(7) Subsection (6) 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 ).