(1) The master of a vessel in naval waters commits an offence of strict liability if:
(a) either:
(i) the vessel is carrying explosives or other dangerous goods; or
(ii) explosives or other dangerous goods are loaded onto, or unloaded from, the vessel; and
(b) the master does not cause the vessel to display prominently:
(i) between sunrise and sunset--a large red flag or burgee; and
(ii) between sunset and sunrise--a red light, visible in clear weather for at least 3 kilometres.
Penalty: 5 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 ).