32Restrictions near naval vessels

32 Restrictions near naval vessels

32 Restrictions near naval vessels

(1) A person, whether or not conveyed by a vessel, must not, without lawful authority, enter or be in any navigable waters closer than—

(a) 200 metres from the bow and 60 metres from the sides and stern of a naval vessel that is underway, or

(b) 60 metres from a naval vessel that is moored, anchored or berthed.

Maximum penalty—100 penalty units.

(2) This clause does not apply to the following—

(a) a person on board a vessel that has the consent of the master of the naval vessel concerned to be closer than the distances referred to,

(b) a person operating a ferry providing a ferry service that is on its usual route or timetable for the day,

(c) a person (whether or not on board a vessel) who is within the distance referred to because of an emergency or in order to avoid an immediate risk of injuring persons or causing significant damage to property,

(d) a person who is being conveyed on a vessel over which the person has no control,

(e) a person who did not know, and could not reasonably have determined, that the vessel was a naval vessel.

(3) In this clause—

naval vessel means a vessel used by an arm of the Defence Force of Australia or by the naval, military or air forces of a country other than Australia.