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reg 26

Unsafe loading of boats

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Part 4Safe operation of boats

26 Unsafe loading of boats

(1)

A person commits an offence if the person—

(a)

operates a boat on a lake; and

(b)

fails to comply with a safe loading requirement that applies to the boat under a law of the State where the boat is registered.

Note A power boat operated in the ACT must be registered under the law of another State or exempt from registration (see s 18).

Maximum penalty: 30 penalty units.

(2)

Subsection (1) does not apply for a boat if the boat is any of the following:

(a)

a boat used solely for racing or competition;

(b)

a boat that is propelled by oars or paddles and that does not have an engine;

(c)

a sailing boat with or without an engine;

(d)

a domestic commercial vessel operated in accordance with a certificate of survey in force under the Marine Safety (Domestic Commercial Vessel) National Law.

(3)

In this section:

safe loading requirement—

(a)

means a requirement about the maximum number of people or maximum weight of people and equipment that a boat may carry; and

(b)

includes a requirement to display a label on a boat about the maximum number of people that the boat may carry.

Part 5 Right of way rules

Note 1 An inspector may issue a direction to a person that the rules under this part must be followed. Failing to comply with a direction is an offence (see Act, s 54).

Note 2 A breach of a rule under this part may be dangerous to the public and could constitute an offence under this regulation (see s 24).

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