New South Wales Consolidated Regulations

MARINE SAFETY (GENERAL) REGULATION 2009 - REG 84

84 Minimum safety equipment to be carried on recreational vessels

(1) The owner and the operator of a vessel must ensure that the vessel carries the safety equipment:

(a) specified in Part 1 of Schedule 5 in respect of the vessel, or

(b) if Part 2 of Schedule 5 modifies the operation of Part 1 of Schedule 5 in relation to the type of vessel concerned, in accordance with Part 1 of that Schedule as so modified.

(2) The owner and the operator of a vessel must ensure that the equipment required by this Regulation to be carried on the vessel complies with the standards specified in Schedule 4 in respect of the equipment.

(3) The owner and the operator of a vessel must ensure that the equipment required by this Regulation to be carried on the vessel is in good condition.

(4) The owner and the operator of a vessel must ensure that the equipment required by this Regulation to be carried on the vessel is maintained in accordance with the manufacturer’s instructions (if any) provided for the equipment.

(5) The owner and the operator of a vessel must ensure that the equipment required by this Regulation to be carried on the vessel is replaced when the manufacturer’s specified expiry date (if any) for the equipment is reached.

(6) The owner and the operator of a vessel must ensure that the equipment required by this Regulation to be carried on the vessel is stored or placed so as to enable quick and easy access to it.

(7) The owner and the operator of a vessel must ensure that each person on board the vessel is aware of where the equipment required by this Regulation to be carried on the vessel is stored or placed.

(7A) The owner and the operator of a vessel that is required to carry appropriate lifejackets must ensure that the lifejackets (while not in use):

(a) are kept clearly visible to persons on board the vessel, or

(b) are stored in a location that is unobstructed and marked by a clearly visible sign that has the word “lifejackets” in red letters on a white background or white letters on a red background.

(8) The Maritime Authority may, by notice in writing given to a person who is the owner or operator of a vessel, request the person to provide evidence of a kind specified in the notice relating to the maintenance, condition or storage of any equipment required by this Regulation to be carried on the vessel.

(9) A person who is given a notice under subclause (8) must not, without reasonable excuse, fail to provide the evidence requested within the time specified in the notice.

Maximum penalty: 50 penalty units.