15Restrictions on swimming and diving

15  Restrictions on swimming and diving

 (1) A person commits an offence of strict liability if the person swims in a lake or dives into a lake in an area prescribed for the purposes of section 13 to be an area where swimming or diving is not permitted.

 (2) Subsection (1) does not apply if the swimming or diving is authorised by a regulated activity permit.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

 (3) A person commits an offence of strict liability if the person:

 (a) swims in Lake Burley Griffin between Kings Avenue Bridge and Commonwealth Avenue Bridge (including directly under either bridge); or

 (b) dives into Lake Burley Griffin from Kings Avenue Bridge or Commonwealth Avenue Bridge, or between those bridges;

and the swimming or diving is not in an area prescribed to be a swimming area for the purposes of section 13.

 (4) Subsection (3) does not apply if the swimming or diving is:

 (a) authorised by a regulated activity permit; or

 (b) in accordance with an agreement under section 35 in relation to a person undertaking a commercial activity.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).