Document ID: chunk:federal_register_of_legislation:F2023C00969:body:0:p24
Version: federal_register_of_legislation:F2023C00969
Segment Type: other
Provision Reference: 
Character Range: 57506–60294

and participant meets the recreational boating operator licencing requirements unless an exemption for the operation applies under State or Territory law.

4 Emergency preparedness
Note   For other requirements for onboard operation procedures for Class 4 vessels — see clause 7 of Schedule 1.
      (1) The owner must ensure that the emergency plan includes at least 1 assembly station on the vessel for all persons on board if it is practicable for an assembly station to be provided.
      (2) The owner must ensure that a laminated written or diagrammatic emergency safety procedure for use by persons on the vessel is prepared and displayed on the vessel if practical.
Note   For example, it may not be practical to display the emergency safety procedure on a canoe, kayak or personal watercraft.

5 Competencies of tour leader, guide and briefer
        The owner must ensure that:
(a) each tour leader, guide and briefer for a vessel is competent to perform their duties; and
(b) if the vessel operates in a State or Territory that has recreational boating operator licencing requirements — the owner ensures that each tour leader, guide and briefer meets the requirements; and
(c) each tour leader has a current first aid certificate equivalent to at least HLTAID011 Provide first aid.
Note for paragraph (c)   Details of this course are available at myskills.gov.au.

6 Provision of information to hirer and participants
       The owner must ensure that:
(a) a briefing that includes the matters determined in writing by the National Regulator is given to each hirer and participant before the person takes control of a vessel; or
(b) if not all hirers or participants are present when a hirer or participant takes control of a vessel — a hirer or participant present at the briefing agrees to brief all other hirers and participants who may operate the vessel about the matters determined in writing under paragraph (a).
Note   The determination is available on the AMSA website at http://www.amsa.gov.au.

7 Provision of safety equipment to hirer and participants
        The owner must ensure that:
(a) a vessel has all safety equipment on board when the hirer or a representative of the hirer takes control of the vessel; and
(b) each hirer and participant is made aware of any requirements for the wearing of lifejackets that apply in the areas of operation of the vessel under State or Territory law.
Note   Additional requirements regarding lifejackets apply for personal watercraft — see clause 9.

8 Documentation
       The owner must ensure that written records about the operation of the vessel are maintained to allow for investigation of marine incidents that must be reported to the National Regulator.
Note   It is an offence under the national law for the owner