Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:61:p1
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 61 (pt 1/2)
Character Range: 63354–65797

61  Conduct on power boats
 (1) A person commits an offence of strict liability if:
 (a) the person operates a power boat (other than a personal watercraft) on a lake; and
 (b) the power boat is being propelled by its engine; and
 (c) another person on the power boat extends a part of that person's body outside the perimeter of the boat.
Penalty: 15 penalty units.
 (2) A person commits an offence of strict liability if:
 (a) the person is on a power boat (other than a personal watercraft) on a lake; and
 (b) the power boat is being propelled by its engine; and
 (c) the person extends a part of the person's body outside the perimeter of the boat.
Penalty: 15 penalty units.
 (3) A person commits an offence if:
 (a) the person operates a power boat (other than a personal watercraft) on a lake; and
 (b) the power boat is being propelled by its engine; and
 (c) another person is on the bow of the power boat in a position that puts that person at an increased risk of falling overboard.
Penalty: 15 penalty units.
 (4) A person commits an offence if:
 (a) the person is on the bow of a power boat (other than a personal watercraft) on a lake in a position that puts the person at an increased risk of falling overboard; and
 (b) the power boat is being propelled by its engine.
Penalty:  15 penalty units.
 (5) A person commits an offence of strict liability if:
 (a) the person operates a power boat (other than a personal watercraft) on a lake; and
 (b) the power boat is being propelled by its engine; and
 (c) another person is on, or is hanging onto, a swim ladder or swim platform attached to the power boat or the transom of the power boat.
Penalty: 15 penalty units.
 (6) A person commits an offence of strict liability if:
 (a) the person is on, or is hanging onto, a swim ladder or swim platform attached to a power boat or the transom of the power boat; and
 (b) the power boat is on a lake; and
 (c) the power boat is not a personal watercraft; and
  (d) the power boat is being propelled by its engine.
Penalty: 15 penalty units.
 (7) Subsections (1) to (6) do not apply to a person who is:
 (a) anchoring, mooring or casting off; or
 (b) fishing from a boat that is anchored, moored or drifting; or
 (c) involved in an activity relating to securing the safety of a person or property.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).