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reg 54

Shapes on certain boats restricted in their ability to manoeuvre

In force
Part 8Lights and shapes
Division 8.4Diving boats, dredges etc and emergency lights

54 Shapes on certain boats restricted in their ability to manoeuvre

(1)

The operator of a boat commits an offence if the boat—

(a)

is engaged in underwater operations; and

(b)

is restricted in its ability to manoeuvre; and

(c)

is on a lake during the day; and

(d)

does not show the following shapes:

(i)

2 balls in a vertical line to indicate the side on which the underwater operations are being carried out;

(ii)

2 diamonds in a vertical line to indicate the side on which another boat may pass.

Maximum penalty: 30 penalty units.

(2)

Subsection (1) does not apply for a boat if—

(a)

the boat is engaged in diving operations; and

(b)

it is impractical to exhibit all shapes mentioned in subsection (1) (d); and

(c)

the boat is showing the following:

(i)

3 all round lights in a vertical line that—

(A)

is in a position where it can best be seen; and

(B)

has a red light as the highest and lowest light of the line; and

(C)

has a white light in the middle of the line;

(ii)

a rigid replica of the International Code flag “A” not less than 1m in height in a visible position.

Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

(3)

In this section:

boat means a boat more than 12m in length.

underwater operations includes dredging operations and diving operations.

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