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reg 37

Conduct on power boats

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Part 6Conduct of people

37 Conduct on power boats

(1)

A person commits an offence if—

(a)

the person operates a power boat on a lake; and

(b)

the power boat is being propelled by its engine; and

(c)

a person on the power boat extends a part of their body outside the perimeter of the boat.

Maximum penalty: 20 penalty units.

(2)

A person commits an offence if—

(a)

the person is on a power boat on a lake; and

(b)

the power boat is being propelled by its engine; and

(c)

the person extends a part of their body outside the perimeter of the boat.

Maximum penalty: 20 penalty units.

(3)

A person commits an offence if—

(a)

the person operates a power boat on a lake; and

(b)

the power boat is being propelled by its engine; and

(c)

a person is on the bow of the power boat in a position that puts them at an increased risk of falling overboard.

Maximum penalty: 20 penalty units.

(4)

A person commits an offence if—

(a)

the person is on the bow of a power boat on a lake in a position that puts them at an increased risk of falling overboard; and

(b)

the power boat is being propelled by its engine.

Maximum penalty: 20 penalty units.

(5)

A person commits an offence if—

(a)

the person operates a power boat on a lake; and

(b)

the power boat is being propelled by its engine; and

(c)

a person is on, or is hanging onto, a swim ladder, swim platform or transom attached to the power boat.

Maximum penalty: 20 penalty units.

(6)

A person commits an offence if—

(a)

the person is on, or is hanging onto, a swim ladder, swim platform or transom attached to a power boat on a lake; and

(b)

the power boat is being propelled by its engine.

Maximum penalty: 20 penalty units.

(7)

Subsections (1) to (6) do not apply to a person who is—

(a)

anchoring, mooring or casting off; or

(b)

fishing while anchored, moored, or drifting; or

(c)

involved in an activity relating to securing the safety of a person or property.

Note The defendant has an evidential burden in relation to the matters mentioned in this section (see Criminal Code, s 58).

(8)

An offence against this section (other than subsections (3) and (4)) is a strict liability offence.

(9)

In this section:

power boat does not include a personal watercraft.

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