4 Definitions

In this Act "maritime signs and symbols" shall include all signals, symbols, warnings, signs, posts, beacons, buoys, marks or devices.

28 Endangering public

Any person who deliberately interferes with any maritime sign or symbol or any part of a maritime sign or symbol shall be guilty of an offence.

Penalty: $2000 fine and/or imprisonment for up to two years.

Donna was a cartoonist and a boating enthusiast. She also liked the occasional game of "dare" with her friends. After losing a game, Donna's friends dared her to design a new cartoon character and place it in five locations around Central Beach. Donna created five characters out of wire. Thinking her friends would be most impressed, she took her boat out in the very early hours of 1 April 2020 and fitted her wire creations to the top of five red and green navigation markers which were located towards the mouth of the Crab River (where it enters the ocean at Central Beach). She placed the creations over the top of each marker carefully so as not to obscure the red and green colours as she knew the importance of these markers. She was just about to place the fifth character on the final marker when she was apprehended by water police and charged under S 28 of theMaritime Safety Act 2019(Cth).

You are a solicitor and Donna now seeks your assistance.What advice would you give Donna concerning what a Judge is likely to decide and why a Judge would decide this?In providing your advice to Donna, you should keep in mind that the Judge determining the matter is required to apply Section 15AA of theCommonwealth Acts Interpretation Act 1901which provides:

In interpreting a provision of an Act, an interpretation that would best achieve the purpose or object of the Act (whether or not that purpose or object is expressly stated in the Act) is to be preferred to each other interpretation.