117—Lifejackets to be worn on certain vessels
(a) a
vessel (other than a vessel with an engine, a surfboard, surf ski or rowing
shell) that can only carry the operator and no other person; or
(b) a
vessel that is not more than 4.8 m in length fitted with an engine; or
(c) a
paddle board or surf ski that is being operated 400 m or more from the
shore; or
(d) a
surfboard, surf ski or similar vessel that is being operated in inland waters;
or
(e) a
sailboard or kiteboard; or
(f) a
canoe or kayak (including a motorised canoe or kayak), rowboat or other
similar small human-powered vessel; or
(g) a
monohulled sailing dinghy or a similar small multihulled sailing vessel (being
a dinghy or vessel that is not more than 6 m in length); or
(h) a
personal watercraft; or
(i)
a dragon boat,
must, at all times while the vessel is underway or at anchor, wear—
(j) in
the case of a vessel being operated in unprotected waters—
(i)
if the vessel is a canoe or kayak (including a
motorised canoe or kayak), rowboat or other similar small human-powered
vessel—a lifejacket level 100 or above or lifejacket level 50;
or
(ii)
in any other case—a lifejacket level 100 or
above; or
(k) in
the case of a vessel (other than a personal watercraft or rowboat) that is
being operated in semi-protected waters—a lifejacket level 100 or
above, lifejacket level 50 or lifejacket level 50S; or
(l) in
the case of a sailboard or kiteboard—
(i)
being operated more than 400 m from the
shore—a lifejacket level 100 or above; or
(ii)
being operated not more than 400 m from the
shore—a lifejacket level 100 or above, lifejacket level 50 or
lifejacket level 50S; or
(m) in
the case of a personal watercraft—a lifejacket level 50 or
lifejacket level 50S; or
(n) in
the case of a paddle board or surf ski being operated more than 400 m
from the shore—a lifejacket level 100 or above, lifejacket
level 50 or lifejacket level 50S; or
(o) in
the case of a dragon boat—
(i)
that is being operated in unprotected waters—a
lifejacket level 100 or above or lifejacket level 50; or
(ii)
in any other case—a lifejacket level 50 or
lifejacket level 50S; or
(p) in
any other case (other than a rowboat)—a lifejacket level 100 or
above, lifejacket level 50 or lifejacket level 50S.
Maximum penalty: $1 250.
Editorial note—
A lifejacket must be of an appropriate size and properly adjusted for the
person who is wearing or will be wearing the jacket—see
regulation 3(7) and (8).
A lifejacket that is designed to inflate and that has been so inflated must be
serviced in accordance with the manufacturer's instructions before being used
again—see regulation 3(9).
(2) In circumstances
of heightened risk, each occupant in the open area of a vessel of not less
than 4.8 m but not more than 12 m in length must, at all times while
the vessel is underway or at anchor, wear—
(a) in
the case of a vessel that is being operated in unprotected waters—a
lifejacket level 100 or above; or
(b) in
any other case—a lifejacket level 50 or lifejacket level 50S.
Maximum penalty: $1 250.
(3) If
subregulation (1) or (2) is contravened by an occupant of a vessel other
than the operator, the operator of the vessel is guilty of an offence.
Maximum penalty: $1 250.
(4) If each occupant
of or under 12 years of age—
(a) of a
vessel that is not more than 4.8 m in length fitted with an engine; or
(b) in
the open area of a vessel of not less than 4.8 m but not more than
12 m in length,
is not, at all times while the vessel is underway or at anchor, wearing—
(c) in
the case of a vessel that is being operated in protected waters—a
lifejacket level 50 or lifejacket level 50S; or
(d) in
any other case—a lifejacket level 100 or above,
the operator of the vessel is guilty of an offence.
Maximum penalty: $1 250.
(5) Subregulations (1)
and (4) do not apply if the occupant of the vessel is being towed (in which
case the requirements under regulation 122 apply).
(6) The operator of a
vessel of not less than 4.8 m but not more than 12 m in length, may,
if it is reasonable to do so in the circumstances, direct an occupant who is
in an open area of the vessel while the vessel is underway or at anchor to
wear a lifejacket level 100 or above, lifejacket level 50 or
lifejacket level 50S, and if an occupant fails to comply with the
direction, the occupant is guilty of an offence.
Maximum penalty: $1 250.
(7) For the purposes
of subregulation (2), a vessel will be taken to be in circumstances of
heightened risk if—
(a) the
vessel carries the operator and no other person; or
(b) the
vessel carries only the operator and a child or children of or under
12 years of age; or
(c) the
vessel is being operated between the hours of sunset and sunrise; or
(d) the
vessel is crossing a bar; or
(e) the
vessel is disabled so as to be incapable of making its way through water; or
(f) the
vessel is operating in conditions of restricted visibility; or
(g) the
vessel is operating in an area in relation to which a weather warning of any
of the following kinds has been issued by the Bureau of Meteorology:
(i)
gale warning;
(ii)
storm force warning;
(iii)
hurricane force wind warning;
(iv)
severe thunderstorm warning;
(v)
severe weather warning.