Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:69
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 69
Character Range: 76067–77422

69  Lights on certain boats restricted in their ability to manoeuvre
 (1) The master of a boat that is at least 12 metres in length commits an offence if:
 (a) the boat is engaged in underwater operations (including dredging operations and diving operations); and
 (b) the boat is on a lake at night or when visibility is restricted because of a weather event; and
 (c) the boat is restricted in its ability to manoeuvre; and
 (d) the boat does not show the following lights:
 (i) 2 red all‑round lights to indicate the side on which the underwater operations are being carried out;
 (ii) 2 green all‑round lights to indicate the side on which another boat may pass.
Penalty: 23 penalty units.
 (2) Subsection (1) does not apply if:
 (a) the boat is engaged in diving operations; and
 (b) it is impractical to show all of the lights mentioned in paragraph (1)(d); and
 (c) the boat is showing the following:
 (i) 3 all‑round lights in a vertical line in a position where it can best be seen, with red lights at the top and bottom of the line and a white light in the middle of the line;
 (ii) a rigid replica of the International Code of Signals flag "A" that is at least 1 metre in height and in a visible position.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).