19Mooring offences

19  Mooring offences

 (a) the person moors a boat on a lake; and

 (b) the person does not hold a mooring permit.

 (2) A person who holds a mooring permit commits an offence of strict liability if the person moors a boat on a lake at a place that is not in a prescribed mooring area.

 (3) Subsection (2) does not apply if the mooring 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).

 (4) A person who holds a mooring permit commits an offence of strict liability if:

 (a) the person moors a boat in a prescribed mooring area; and

 (b) the boat is moored to something other than:

 (i) a buoy anchored in accordance with an approval given by the Minister under section 16; or

 (ii) a wharf or jetty erected in accordance with an approval given by the Minister under section 16.

 (5) A person who holds a mooring permit commits an offence of strict liability if:

 (a) the person moors a boat in a prescribed mooring area; and

 (b) the mooring does not comply with the conditions on the person’s mooring permit.