South Australian Current Regulations

HARBORS AND NAVIGATION REGULATIONS 2023 - REG 113

113—Navigation at sea

        (1)         The Prevention of Collisions Convention is incorporated in these regulations and applies to all vessels in any part of the jurisdiction except inland waters.

        (2)         If a vessel is operated in the jurisdiction contrary to the Prevention of Collisions Convention, the owner and operator of the vessel are each guilty of an offence.

Maximum penalty: $5 000.

        (3)         If—

            (a)         a vessel fitted with navigation lights is operated in any part of the jurisdiction (other than inland waters); and

            (b)         the navigation lights are not fitted and exhibited in accordance with the Prevention of Collisions Convention,

the owner and operator of the vessel are each guilty of an offence.

Maximum penalty: $5 000.

        (4)         Subregulation (3) does not apply in relation to a vessel being operated by an authorised person if—

            (a)         the authorised person is acting in the course of official duties; and

            (b)         in the circumstances, the authorised person is taking reasonable care.

        (5)         It is a defence to a charge of an offence against this regulation brought against the owner for the owner to prove that the vessel was operated without the owner's consent.