86Navigating in area that is a closed zone

86 Navigating in area that is a closed zone

Offence (1) The master of a boat commits an offence of strict liability if the boat is navigated in an area that is a closed zone that relates to the boat.

Penalty: 25 penalty units.

Exceptions (2) Subsection (1) does not apply if information given by the boat’s vessel monitoring system shows, for the period that the boat was in the closed zone: (a) that the boat was travelling at a speed of 5 knots or more as worked out under subsection (4); or (b) that: (i) the boat was navigated in the closed zone for a period of 30 minutes or more; and (ii) the boat was stationary (see subsection (5)).

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

(3) Subsection (1) does not apply if: (a) AFMA had given approval for the boat to be navigated in the closed zone because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and (b) the boat was navigated in the closed zone in accordance with any instructions given by AFMA.

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

Working out a boat’s speed (4) To work out a boat’s speed in knots for the purposes of this section: (a) for each consecutive pair of points identified by the boat’s vessel monitoring system, identify the shortest distance between the pair of points in a straight line; and (b) divide the distance by the time taken by the boat to travel between the 2 points. (5) For the purposes of this section, a boat is taken to be stationary if it is travelling at a speed of 0.5 knots or less as worked out under subsection (4).