New South Wales Repealed Regulations

This legislation has been repealed.

BOATING (SAFETY EQUIPMENT) REGULATION--N.S.W. - REG 12B

12B Lifejacket must be worn when crossing coastal bar

(1) A person on board a vessel must wear a lifejacket when the vessel is crossing a coastal bar.

Maximum penalty: $1,500.

(2) It is a defence to a prosecution for an offence against subclause (1) if the defendant (being a person other than the operator of the vessel concerned) shows that:

(a) there was no available lifejacket on board the vessel at the time concerned, or

(b) he or she did not know, and could not reasonably have been expected to know, that the vessel was crossing a coastal bar.

(3) For the purposes of subclause (2), the defendant is taken to have had knowledge that the vessel concerned was crossing a coastal bar if, before the vessel proceeded to cross the coastal bar, the operator had:

(a) informed the defendant that the vessel was crossing a coastal bar, or

(b) requested or required the defendant to put on a lifejacket.

(4) The operator of a vessel must ensure that each person on board the vessel complies with subclause (1).

Maximum penalty: $1,500.

(5) It is a defence to a prosecution for an offence against subclause (4) if the operator of the vessel shows that he or she took all reasonable measures to ensure that each person on board the vessel complied with subclause (1).

(5) In this clause, "coastal bar" means a bar named in Schedule 1A, being a shallow area where sediment is deposited across a river mouth, lake, estuary or harbour entrance, in the approximate location described opposite the name of the bar in that Schedule.