Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:71
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 71
Character Range: 78797–80131

71  Emergency lights
 (1) The master of a boat commits an offence of strict liability if:
 (a) the boat is under way or anchored; and
 (b) the boat is on a lake at night or when visibility is restricted because of a weather event; and
 (c) the boat does not have on board an electric torch or lighted lantern ready for immediate use.
Penalty: 23 penalty units.
 (2) The master of a boat commits an offence of strict liability if:
 (a) the boat is under way or anchored; and
 (b) the boat is on a lake at night or when visibility is restricted because of a weather event; and
 (c) a light required to be shown under this Division fails; and
 (d) the boat does not show an illuminated torch or lantern in substitution for the failed light.
Penalty: 23 penalty units.
 (3) This section does not apply in relation to:
 (a) a sailing boat that is less than 7 metres in length that is required to comply with 66(2)(b); or
 (b) a boat that is being rowed (other than a rowing boat, dragon boat, kayak or canoe) that is required to comply with paragraph 66(2)(b); or
 (c) a rowing boat, dragon boat, kayak or canoe that is less than 4 metres in length.
 Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Division 6—Unnecessary use of lights and signals