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reg 55

Emergency lights

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

55 Emergency lights

(1)

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

(a)

is under way, or anchored; and

(b)

is on a lake at night or when visibility is restricted; and

(c)

does not carry an electric torch or ignited lantern ready for immediate use.

Maximum penalty: 30 penalty units.

(2)

The operator of a boat commits an offence if—

(a)

the boat is under way, or anchored; and

(b)

the boat is on a lake at night or when visibility is restricted; and

(c)

a light required to be shown under this division fails; and

(d)

the boat does not show the illuminated torch or lantern mentioned in subsection (1) (c) instead of the failed light.

Maximum penalty: 30 penalty units.

(3)

An offence against this section is a strict liability offence.

(4)

This section does not apply for a boat that is required to carry a torch or lantern under section 50 (1) (b) or section 51 (3) (b).

Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

Part 9 Unnecessary use of lights and signals

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