New South Wales Consolidated Regulations

MARINE SAFETY (GENERAL) REGULATION 2009 - REG 83

83 Meaning of “lifejacket” and “appropriate lifejacket”

(1) In this Regulation:
"coastal lifejacket" means a lifejacket that complies with the requirements for coastal lifejackets contained in:

(a) the National Standard for Commercial Vessels (as referred to in section 427 of the Navigation Act 1912 of the Commonwealth and as in force from time to time), or

(b) the Uniform Shipping Laws Code (as referred to in section 427 of the Navigation Act 1912 of the Commonwealth and as in force from time to time).

"lifejacket Type 1" means:

(a) a SOLAS lifejacket, or

(b) a coastal lifejacket, or

(c) a personal flotation device Type 1 that complies with the requirements set out in Schedule 4 for that type of personal flotation device.

"lifejacket Type 2" means a personal flotation device Type 2 that complies with the requirements set out in Schedule 4 for that type of personal flotation device.
"lifejacket Type 3" means a personal flotation device Type 3 that complies with the requirements set out in Schedule 4 for that type of personal flotation device.
"SOLAS lifejacket" means a lifejacket that complies with the requirements of the Safety Convention (as defined in the Navigation Act 1912 of the Commonwealth) relating to lifejackets.

(2) In this Regulation, a reference to an "appropriate lifejacket" is a reference to:

(a) in the case of a kiteboard not operating in isolated conditions, any purpose designed kiteboard harness which has an inherent flotation which is the equivalent of a lifejacket Type 2 or a lifejacket Type 3, and

(b) in the case of a kiteboard operating in isolated conditions, a lifejacket Type 1, a lifejacket Type 2 or a lifejacket Type 3, and

(c) in the case of a canoe or kayak (including an outrigger canoe) operating on open waters, a lifejacket Type 1, a lifejacket Type 2 or a lifejacket Type 3, and

(d) in the case of an off-the-beach vessel, sailboard or personal watercraft operating on open waters, a lifejacket Type 1 or a lifejacket Type 2, and

(e) in the case of any activity in which a person is being towed in or over any waters while engaged in any recreational activity, a lifejacket Type 1, a lifejacket Type 2 or a lifejacket Type 3, and

(f) in the case of any vessel operating on open waters and not dealt with by one of the above paragraphs, a lifejacket Type 1, and

(g) in the case of any vessel operating on enclosed waters and not dealt with by one of the above paragraphs, a lifejacket Type 1, a lifejacket Type 2 or a lifejacket Type 3, and

(h) in the case of any vessel operating on alpine waters, despite any of the above paragraphs:

(i) a lifejacket Type 1 or a lifejacket Type 2, unless subparagraph (ii) applies, or

(ii) for a person on board the vessel wearing thigh or chest fishing waders, a lifejacket Type 1.

(2A) In this Regulation, a kiteboard is being operated in "isolated conditions" if it:

(a) is operating on open waters more than 400 metres from the shore, and

(b) is being operated by only one person who is alone (that is, the person is not in the company of another kiteboarder or a support vessel).

(3) Despite subclause (2), a lifejacket is not an "appropriate lifejacket" for the purposes of this Regulation if:

(a) the lifejacket relies solely on oral inflation for buoyancy, or

(b) the lifejacket is not the correct size for the wearer or intended wearer.

(4) Despite subclause (2), an inflatable lifejacket is not an "appropriate lifejacket" for the purposes of this Regulation unless it is:

(a) less than 12 months old, or

(b) has been serviced at intervals of 12 months or less, or at least at such longer intervals as are indicated by the manufacturer’s instructions (if any) provided for the lifejacket.