Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:79
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 79
Character Range: 85220–87227

79  Owner and operator of boat to ensure lifejackets are available
 (1) This section applies in relation to a recreational boat that is not a canoe, kayak, kiteboard, paddleboard, sailboard or surfboard.
 (2) A person operating a recreational boat on a lake, or who owns a recreational boat that is operating on a lake, must ensure that:
 (a) the boat carries the number of lifejackets specified in subsection (4) for the kind of boat; and
 (b) the lifejackets are appropriate lifejackets for the intended wearers; and
 (c) the lifejackets are:
 (i) in good condition; and
 (ii) maintained in accordance with the manufacturer's instructions (if any) provided for the lifejackets; and
 (iii) replaced when the manufacturer's expiry date (if any) for the lifejackets is reached; and
 (d) the lifejackets are stored on the boat in a place that:
 (i) enables the lifejackets to be accessed quickly and easily; and
 (ii) is marked with a clearly visible sign that has the word "lifejackets" on it in red letters on a white background, or white letters on a red background.
 (3) A person commits an offence of strict liability if:
 (a) the person:
 (i) operates a recreational boat on a lake; or
 (ii) is the owner of a recreational boat that is operating on a lake; and
 (b) the person fails to comply with subsection (2).
Penalty: 23 penalty units.
 (4) The specified number of lifejackets for a kind of recreational boat mentioned in column 1 of an item in the following table is the number mentioned in column 2 of the item.

Number of lifejackets that must be carried on recreational boats
Item                                                              Column 1                                                                                                                       Column 2

                                                                  Kind of recreational boat                                                                                                      Number of lifejackets