Exceeding power rating for boats
21 Exceeding power rating for boats
A person commits an offence if—
the person operates a boat on a lake; and
the boat is powered by a motor that exceeds the appropriate power rating for the boat.
Maximum penalty: 30 penalty units.
An offence against this section is a strict liability offence.
In this section:
appropriate power rating, for a boat, means—
the power rating stated for the boat by the manufacturer; or
if no power rating is stated for the boat by the manufacturer, or the power rating is not apparent—
for a boat with an outboard motor—the maximum power capacity calculated in accordance with Australian Standard 1799.1-2009 (Small craft—General requirements for power boats), section 2.6 as in force from time to time; or
Note AS 1799.1-2009 does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Lakes Act 1976, s 122 (3) and Legislation Act, s 47 (7)). The standard may be purchased at www.standards.org.au.
in any other case—the power rating (if any) approved by RMS for boats of that kind from time to time.
Note RMS approves power ratings under the Marine Safety Regulation 2016 (NSW).
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