114—Navigation in inland waters
(1) Section 17 of
the Code (River Murray Traffic Regulations) is incorporated in these
regulations and applies to all vessels in inland waters.
(2) If a vessel is
operated in the jurisdiction contrary to section 17 of the Code (River
Murray Traffic Regulations), the owner and operator of the vessel are each
guilty of an offence.
Maximum penalty: $5 000.
(a) a
vessel fitted with navigation lights is operated in inland waters; and
(b) the
navigation lights are not fitted and exhibited in accordance with
section 17 of the Code (River Murray Traffic Regulations),
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.