New South Wales Consolidated Regulations

MARINE SAFETY (GENERAL) REGULATION 2009 - REG 89

89 General defences

(1) A person is not guilty of an offence under this Division of failing to wear an appropriate lifejacket on a vessel if the person is a person other than the operator of the vessel concerned and establishes that there was no available appropriate lifejacket on board the vessel at the time concerned.

(2) The operator of a vessel is not guilty of an offence under this Division of failing to ensure that a person on the vessel was wearing an appropriate lifejacket if the operator establishes that he or she took all reasonable measures to ensure that the person was wearing an appropriate lifejacket.