{"id":"a-1976-65","name":"Lakes Act 1976","slug":"lakes-act-1976","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"65 of 1976","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23808,"registerId":"act-a-1976-65-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Lakes Act 1976.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain words and\nexpressions used in this Act.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application","content":"5 Application\nThis Act applies only in relation to territory land.\nNote 1 This Act applies in relation to lakes and lake areas in the Territory and\nthe lake area of Lake Burley Griffin to the extent that it is territory land\n(see dict, def lake and lake area). The Australian Capital Territory\nNational Land (Lakes) Ordinance 2022 (Cwlth) applies to the remaining\narea of Lake Burley Griffin that is national land (see Legislation Act, dict,\ndef national land).\nNote 2 This Act applies to a domestic commercial vessel operating on a lake and\noperates concurrently with the Marine Safety (Domestic Commercial\nVessel) National Law to the extent described in the Marine Safety\n(Domestic Commercial Vessel) National Law Act 2012 (Cwlth), s 6.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act to inspectors","content":"6 Application of Act to inspectors\nAn offence in part 4 (Use of a lake) does not apply to an inspector\nexercising a function of the inspector under this Act.\nNote 1 An inspector includes the delegate for lakes and a police officer (see\ns 89).\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\nNote 3 The defendant has an evidential burden in relation to the matters\nmentioned in this section (see Criminal Code, s 58).\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application of Act in emergencies","content":"7 Application of Act in emergencies\n(1) This Act (other than part 6 (Drug and alcohol offences)) does not\napply to—\n(a) the exercise or purported exercise by a relevant person of a\nfunction under the Emergencies Act 2004 for the purpose of—\n(i) protecting life or property; or\n(ii) controlling, extinguishing or preventing the spread of a\nfire; and\n\n(b) action by an authorised officer to prevent, minimise or remedy\nserious or material environmental harm under the Environment\nProtection Act 1997, division 11.3 (Emergency powers).\nmentioned in s (1) (see Criminal Code, s 58).\nauthorised officer means—\n(a) an authorised officer under the Environment Protection\nAct 1997, section 14; and\n(b) a person acting under the direction of an authorised officer.\nNote An authorised officer includes the Environment Protection Authority (see\nEnvironment Protection Act 1997, s 14 (2)).\nemergency controller—see the Emergencies Act 2004, dictionary.\nrelevant person means—\n(a) an emergency controller; or\n(b) a member of the ambulance service; or\n(c) a member of the fire and rescue service; or\n(d) a member of the rural fire service; or\n(e) a member of the SES; or\n(f) any other person under the control of—\n(i) an emergency controller; or\n(ii) the chief officer (ambulance service); or\n(iii) the chief officer (fire and rescue service); or\n(iv) the chief officer (rural fire service); or\n(v) the chief officer (SES); or\n(g) a police officer.\n\nPreliminary Part 1\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Relationship to environmental and health laws","content":"8 Relationship to environmental and health laws\n(1) This Act must be construed and administered in a way that is\nconsistent with an environmental law or a health law unless the\ncontrary intention appears from this Act or that law.\n(2) This Act is taken to be consistent with an environmental law or a\nhealth law to the extent that it is capable of operating concurrently\nwith that law.\n(3) In this section:\nenvironmental law means a territory law that has the protection of\nthe environment as one of its objects or purposes.\nhealth law means a territory law that has the protection of public\nhealth as one of its objects or purposes.\n\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Declaration of area as lake","content":"9 Declaration of area as lake\n(1) The Minister may declare an area to be a lake for this Act.\n(2) A declaration is a notifiable instrument.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Delegate for lakes","content":"10 Delegate for lakes\nThe director-general must appoint a public servant as the Delegate for\nLakes.\nNote 1 For the making of appointments (including acting appointments), see\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see s 207).\n\nControl of a lake Part 3\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Alterations in flow and water level","content":"11 Alterations in flow and water level\n(1) For the purposes of the maintenance and preservation of a lake and\nthe maintenance, testing and preservation of associated works, the\nMinister may authorise—\n(a) a raising or lowering, by any means, of the level of water in a\nlake; or\n(b) stopping the flow, or reducing the rate of flow, of water from a\nlake; or\n(c) the flow, or an increase in the rate of flow, of water from a lake.\n(2) The Minister must ensure that any action necessary to minimise any\ndetriment, inconvenience and damage that may result from doing\nsomething under subsection (1) is taken.\n(3) The Minister must not authorise the doing of an act under\nsubsection (1) without first consulting with the environment\nprotection authority.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Compensation for damage","content":"12 Compensation for damage\n(1) Where any land is injuriously affected by the doing of an act\nauthorised by the Minister under section 11 (1), the owner of the\nland—\n(a) must be paid compensation by the Territory; and\n(b) is not entitled to any other remedy or relief;\nin respect of the injurious affection of the land.\n(2) Compensation referred to in subsection (1) is to be determined by the\n\n(3) This section does not exclude or limit any liability of the Territory or\na person apart from this section in respect of a matter in relation to\nwhich compensation is not payable under this section.\nowner, of land, includes anyone with an interest in the land.\n\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of operate—pt 4","content":"13 Meaning of operate—pt 4\nIn this part (other than in section 20 and section 21):\noperate, in relation to a person who is an owner of a boat, includes\ncausing or allowing someone else to operate the boat.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Erection of signs","content":"14 Erection of signs\nThe Minister may, by a sign erected or displayed within a lake area—\n(a) specify an area in the vicinity of, and defined in, the sign as—\n(i) a launching area; or\n(ii) a mooring area; or\n(iii) a beaching area; or\n(iv) a swimming area; or\n(v) an area within which embarkation on to, or disembarkation\nfrom, a boat is not permitted; or\n(vi) an area within which the embarkation on to, or\ndisembarkation from, a boat other than a boat of a kind\nspecified in the sign is not permitted; or\n(vii) an area within which the landing of boats is not permitted;\nor\n(viii) an area within which bathing or swimming in, or diving\ninto, the lake is not permitted; or\n(b) give information or warning to people using the lake area.\n\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"General restrictions on boats","content":"15 General restrictions on boats\n(1) A person must not—\n(a) put a boat in a lake, or take a boat from a lake, at a place that is\nnot a launching area under section 14; or\n(b) moor a boat on a lake at a place that is not in a mooring area\nunder section 14; or\n(c) beach, clean or repair a boat in a lake area at a place that is not\na beaching area under section 14; or\n(d) embark on, or disembark from, a boat on a lake in contravention\nof a sign under section 14; or\n(e) land a boat on a lake shore, or an island in a lake, in\ncontravention of a sign under section 14.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Restrictions on bathing, swimming and diving","content":"16 Restrictions on bathing, swimming and diving\n(1) A person must not—\n(a) bathe or swim in a lake directly under a bridge; or\n(b) dive into a lake from, or directly under, a bridge; or\n(c) bathe or swim in a lake, or dive into a lake, in contravention of\na sign under section 14.\n\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Interference etc with signs","content":"17 Interference etc with signs\n(1) A person commits an offence if the person interferes with, changes or\nremoves a sign under section 14.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Approved buoys, wharves and jetties","content":"18 Approved buoys, wharves and jetties\n(1) The Minister may, upon application made to the Minister in writing,\napprove, subject to such conditions (if any) as the Minister thinks\nnecessary, the anchoring of a buoy in a lake or the erection of a wharf\nor jetty within a lake area.\n(a) the person anchors a buoy in a lake; and\n(b) the anchoring is not approved under subsection (1).\n(a) the person erects a wharf or jetty in a lake area; and\n(b) the erection is not approved under subsection (1).\n(a) the person moors a boat in a mooring area under section 14; and\n(b) the boat is moored to something other than—\n(i) a buoy anchored in accordance with an approval under\nsubsection (1); or\n\n(ii) a wharf or jetty erected in accordance with an approval\nunder subsection (1).\n(5) An offence against this section is a strict liability offence.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Restrictions on mooring","content":"19 Restrictions on mooring\n(1) The Minister may, by a sign installed at or near a wharf or jetty in a\nlake area, restrict the mooring of boats to the wharf or jetty to boats\nof a kind indicated by the sign.\n(2) A person must not moor a boat to a wharf or jetty in contravention of\na sign under subsection (1).\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Speed limits","content":"20 Speed limits\n(1) The Minister may, by a sign placed in a lake area, state the speed limit\nfor operating a boat on the lake in the lake area.\n(b) the boat is operated at a speed greater than the speed limit that\napplies for operating a boat on the lake.\nMaximum penalty: 20 penalty units.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Restrictions on kinds of boats","content":"21 Restrictions on kinds of boats\n(1) The Minister may, by a sign placed in a lake area, state—\n(a) the kinds of boats that may be operated on the lake in the lake\narea; and\n\n(b) the purposes for which a kind of boat may be operated on the\nlake in the lake area.\n(b) the boat—\n(i) is not a kind of boat that may be operated on the lake; or\n(ii) is not operated for a purpose for which that kind of boat\nmay be operated on the lake.\nMaximum penalty: 20 penalty units.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Prohibition of use of lake area or parts of lake","content":"22 Prohibition of use of lake area or parts of lake\n(1) The Minister may declare one or both of the following:\n(a) that entry to a lake area is prohibited;\n(b) that an area of a lake is a prohibited area.\n(2) A declaration under subsection (1) is a notifiable instrument.\n(3) The Minister must give additional public notice of a declaration.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (3) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n(4) The Minister must not prohibit entry to a lake or declare an area of a\nlake to be a prohibited area unless—\n(a) the condition of the waters of a lake or that area, as the case may\nbe, is such as to constitute a threat to the health of a person\nentering those waters; or\n\n(b) the prohibition or declaration is reasonably necessary in\nconnection with the maintenance or preservation of a lake or the\nmaintenance, preservation or testing of an associated work; or\n(c) the chief police officer has given to the Minister a certificate in\nwriting stating that the prohibition or declaration, as the case\nmay be, is reasonably necessary to enable police officers to carry\nout their duties in a lake or in a lake area; or\n(d) by reason of an emergency in a lake or a lake area, it is necessary\nor desirable to do so; or\n(e) to do so is otherwise in the public interest.\n(5) The Minister may cause a boundary of a prohibited area to be defined\nby such means as the Minister thinks necessary.\n(6) A person commits an offence if—\n(a) the person enters, or remains in, a lake area; and\n(b) entry to the area is prohibited under subsection (1); and\n(c) an inspector has told the person that entry to the area is\nprohibited.\n(7) A person commits an offence if—\n(a) the person enters, or remains in, a prohibited area of a lake; and\n(b) an inspector has told the person that—\n(i) the area is a prohibited area; and\n(ii) the person must not enter, or remain in, the area.\n(8) An offence against this section is a strict liability offence.\n\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Closing of parts of lake for certain events","content":"23 Closing of parts of lake for certain events\n(1) The Minister may declare one or both of the following:\n(a) that part of a lake is a closed area for the period stated in the\ndeclaration; and\n(b) that an entity is authorised to conduct a stated event in the closed\narea during the stated period.\nNote Entity includes an unincorporated body (see Legislation Act, dict,\npt 1).\n(2) A declaration is a notifiable instrument.\n(3) The Minister must give additional public notice of a declaration.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (3) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n(a) the person enters the closed area during the period stated in the\ndeclaration; and\n(b) if subsection (1) (b) applies—the entry is not authorised by the\nentity authorised by the declaration.\n(5) An offence against this section is a strict liability offence.\n(6) In this section:\nevent means a regatta, exhibition, sporting contest or other display.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Access to leased or occupied land","content":"24 Access to leased or occupied land\nThe Minister must not—\n(a) in a declaration under section 22, prohibit entry to or declare to\nbe a prohibited area; or\n\n(b) in a declaration under section 23, declare to be a closed area;\npart of a lake area that provides access to land held under lease from\nthe Commonwealth or occupied with the authority of the Territory or\nthe Commonwealth or by virtue of a law in force in the Territory.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Anchoring boats at night","content":"25 Anchoring boats at night\n(1) A person must not anchor a boat on a lake at night.\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that—\n(a) the boat was anchored to allow fishing by a hand-held rod and\nline; and\n(b) the defendant or someone else was fishing by a hand-held rod\nand line for most of the time the boat was anchored.\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Mooring of boats","content":"26 Mooring of boats\n(1) The Minister may give a person a written permit to moor a boat in a\nmooring area under section 14.\n(2) The permit remains in force for the period, no longer than 12 months,\nstated in the permit.\n(a) moors a boat on a lake; and\n(b) does not have a permit for the mooring.\n(4) An offence against this section is a strict liability offence.\n\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Use of power boats—interstate licence holders","content":"27 Use of power boats—interstate licence holders\n(1) This section applies to a person who holds a licence or permit\n(however described) under the law of a State or the Commonwealth\nthat authorises the person to operate a power boat.\nExample\nA licence or permit includes a certificate of competency under the Marine Safety\n(Domestic Commercial Vessel) National Law.\n(2) The person is authorised to operate a power boat on a lake if the\nperson complies with—\n(a) any conditions or restrictions (however described) to which the\nperson’s licence or permit is subject; and\n(b) any conditions determined by the Minister for this section.\nExample—par (a)\nIf a licence authorises a person to operate a power boat of up to a stated engine\ncapacity, the person is authorised to operate a power boat of not more than that\nengine capacity on a lake.\nNote A land management plan under the Planning Act 2023 may restrict or\nprohibit certain activities on a lake.\n(3) A determination under subsection (2) (b) is a notifiable instrument.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Power boats operated under 10 knots","content":"28 Power boats operated under 10 knots\n(1) A person may operate a power boat on a lake if—\n(a) the power boat is not a personal watercraft; and\n(b) the power boat is operated at a speed of less than 10 knots; and\n(c) the person complies with any condition determined by the\nNote A land management plan under the Planning Act 2023 may restrict or\nprohibit the use of a power boat on a lake.\n(2) A determination is a notifiable instrument.\n\n(3) In this section:\npersonal watercraft means a power boat that—\n(a) has a fully enclosed hull; and\n(b) does not retain water that is taken on if it capsizes; and\n(c) is designed to be operated by a person lying, standing, sitting\nastride, or kneeling on the boat but not seated within the boat.\nExamples\n• a jet ski\n• a jet powered surfboard\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Use of power boats—other people","content":"29 Use of power boats—other people\n(1) The Minister may, on any conditions that the Minister considers\nappropriate, authorise, by written notice, the use of a power boat in or\non a lake—\n(a) by a sports club in relation to the training of people for, or the\nconduct of, a competition in an aquatic sport; or\n(b) by other people for the purposes the Minister approves.\n(2) Before authorising the operation of a power boat on Kingston\nHarbour or Molonglo Reach under subsection (1), the Minister must\ngive a copy of the draft authorisation to the Commonwealth Minister\nfor comment.\n(3) In deciding whether to authorise the operation of a power boat on\nKingston Harbour or Molonglo Reach under subsection (1), the\nMinister must take into account the Commonwealth Minister’s\ncomments (if any) received within 15 days from the day the\nCommonwealth Minister was given a copy of the draft authorisation.\n\n(4) At any time after an authority is given under subsection (1), the\nMinister may, by notice in writing to the sports club or approved\nperson, as the case may be—\n(a) impose further conditions on the authority; or\n(b) vary or revoke a condition on which the authority was given.\n(5) Where a sports club or approved person, to whom an authority under\nsubsection (1) is granted—\n(a) fails to comply with a provision of this Act; or\n(b) fails to comply with the conditions (if any) subject to which the\nauthority is granted;\nthe Minister may, by notice in writing to the sports club or approved\nperson, as the case may be, revoke the authority.\n(6) A notice under this section may be served on a sports club—\n(a) by giving a copy of the notice to a member of the governing\nbody of the club; or\n(b) by sending it by prepaid post, addressed to the governing body\nof the club, at the club’s last-known address.\nNote For other ways of serving documents, see Legislation Act, pt 19.5.\n(7) An authorisation under the Australian Capital Territory National\nLand (Lakes) Ordinance 2022 (Cwlth), section 27 is taken to be an\nauthorisation under this section to operate a power boat on Kingston\nHarbour and Molonglo Reach on the conditions (if any) imposed on\nthe authorisation.\n\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Restrictions—power boats","content":"30 Restrictions—power boats\n(a) the person operates a power boat on a lake; and\n(b) the person is not allowed to operate the power boat on the lake\nunder section 27, section 28 or section 29.\n(a) the person is a passenger in a power boat on a lake; and\n(b) another person, who is not allowed to operate the power boat on\nthe lake under section 27, section 28 or section 29, operates the\npower boat; and\n(c) the person knows the other person is not allowed to operate the\npower boat.\n(3) An offence against subsection (1) is a strict liability offence.\nNote An authorisation under the Australian Capital Territory National Land\n(Lakes) Ordinance 2022 (Cwlth), s 27 is taken to be an authorisation\nunder s 29 of this Act to operate a power boat on Kingston Harbour and\nMolonglo Reach (see s 29 (7)).\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Restriction on use of hovercraft","content":"31 Restriction on use of hovercraft\n(1) The Minister may, on any conditions that the Minister considers\nappropriate, grant to a person a permit to use a hovercraft within or\nabove a lake area.\n(a) uses a hovercraft in or over a lake area; and\n\n(b) does not have a permit for the use.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Removal of vehicles and boats from a lake etc","content":"32 Removal of vehicles and boats from a lake etc\n(1) Where, in the opinion of an inspector, a vehicle or boat in a lake\narea—\n(a) is obstructing or is likely to obstruct the free passage of any\nperson, vehicle or boat in the lake area; or\n(b) should, in the interests of safety or of the public, be moved;\nthe inspector may direct the owner or person in charge of the vehicle\nor boat to move it to another place in, or to remove it from, the lake\narea.\n(2) Where an inspector—\n(a) is unable to give a direction under subsection (1) by reason of\nthe absence of the owner or person in charge of the vehicle or\nboat; or\n(b) gives a direction under subsection (1) and the owner or person\nin charge of the vehicle or boat contravenes the direction;\nthe inspector may, with such assistance (if any) and by such means,\nas the inspector thinks necessary, move the vehicle or boat to another\nplace in, or remove it from, the lake area.\n(3) Where an inspector, in the exercise of the inspector’s powers under\nsubsection (2), moves or removes a vehicle or boat, the Territory may\nrecover the cost of the moving or removing, as the case may be, of\nthe vehicle or boat as a debt in a court of competent jurisdiction.\n(4) An inspector is not liable for any damage to a vehicle or boat caused\nby them when exercising their powers under this section.\n\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Houseboats prohibited","content":"33 Houseboats prohibited\n(1) A person must not use a boat as a houseboat or place of living in a\nlake area.\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Camping and caravanning","content":"34 Camping and caravanning\n(1) A person must not camp, or keep a caravan, in a lake area at night.\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Agreements for use of lake areas","content":"35 Agreements for use of lake areas\n(1) The Minister may enter into an agreement with a person to undertake\na commercial activity in a lake area.\n(2) Before entering into an agreement under subsection (1) in relation to\nthe lake area of Lake Burley Griffin, the lake area of Kingston\nHarbour, or the lake area of Molonglo Reach the Minister must give\na copy of the draft agreement to the Commonwealth Minister for\ncomment.\nNote This Act applies to the lake area of Lake Burley Griffin to the extent that\nit is territory land (see s 5).\n(3) In deciding whether to enter into the agreement under subsection (1),\nthe Minister must take into account the Commonwealth Minister’s\ncomments (if any) received by the Minister within 15 days from the\nday the Commonwealth Minister was given a copy of the draft\nagreement.\n\n(4) An agreement to undertake a commercial activity in a lake area under\nthe Australian Capital Territory National Land (Lakes)\nOrdinance 2022 (Cwlth), section 34 is taken to be an agreement\nunder this section to undertake a commercial activity on the lake area\nof—\n(a) Lake Burley Griffin; and\nNote This Act applies to the lake area of Lake Burley Griffin to the\nextent that it is territory land (see s 5).\n(b) Kingston Harbour; and\n(c) Molonglo Reach.\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Commercial activities in lake area","content":"36 Commercial activities in lake area\n(a) the person undertakes a commercial activity in a lake area; and\n(b) the activity is not undertaken in accordance with an agreement\nunder section 35.\nNote An agreement to undertake a commercial activity in a lake area under the\nAustralian Capital Territory National Land (Lakes) Ordinance 2022\n(Cwlth), s 35 is taken to be an agreement under this Act to undertake a\ncommercial activity in the lake area of Lake Burley Griffin, the lake area\nof Kingston Harbour, and the lake area of Molonglo Reach (see s 35 (4)).\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Power to charge for admission","content":"37 Power to charge for admission\n(1) The Minister may, on any day or part of a day, authorise the delegate\nfor lakes to make a charge for admission to a lake area or a part of a\nlake area and, if authorised, the delegate may exclude from the lake\narea or the part of the lake area, as the case may be, a person who\ndoes not pay the admission charge.\n\n(2) The Minister may, in writing, grant to a person the exclusive right to\noccupy and use a part of a lake area specified in the instrument for the\nperiod, for the purpose and on the conditions (if any) specified in the\ninstrument.\n(3) Where the Minister, under subsection (2), grants to a person an\nexclusive right of occupation and use of a part of a lake area, the\nperson may make a charge, not exceeding an amount approved by the\nMinister, for admission to that part of the lake area during the period\nin respect of which that right is granted and may exclude any other\nperson who does not pay the admission charge.\n\nSafe operation of boats Division 5.1\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Operating unsafe boats","content":"38 Operating unsafe boats\nA person commits an offence if—\n(b) the boat is unsafe.\nNote Unsafe—see the dictionary.\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Reckless or negligent operation of boats","content":"39 Reckless or negligent operation of boats\n(b) the operation gives rise to the danger of—\n(i) harm or death to someone else; or\n(ii) damage to property; and\n(c) the person is reckless or negligent about the operation giving rise\nto the danger.\nharm—see the Criminal Code, dictionary.\n\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Climbing onto boats","content":"40 Climbing onto boats\n(a) the person climbs onto, or attaches themself to, a boat on a lake;\nand\n(b) the person in charge of the boat has not allowed the person to\nclimb onto, or attach themself, to the boat.\nperson in charge, of a boat, means the owner or master of the boat.\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Meaning of appropriate lifejacket—div 5.2","content":"41 Meaning of appropriate lifejacket—div 5.2\n(1) In this division:\nappropriate lifejacket—\n(a) means a lifejacket that meets any of the following standards:\n(i) a performance standard 50S, 50, 100, 150 or 275 of\nAS 4758 (Lifejackets) as in force from time to time;\nNote The standard may be purchased at www.standards.org.au.\n(ii) any standard or specifications approved, from time to time,\nby TfNSW for lifejackets to be carried on recreational\nvessels; but\nNote TfNSW approves lifejackets under the Marine Safety\nRegulation 2016 (NSW).\n(b) does not include a lifejacket that—\n(i) relies solely on oral inflation for buoyancy; or\n(ii) is not the correct size for the wearer; or\n\n(iii) was acquired, or serviced, more than 12 months (or more,\nif indicated by the manufacturer’s instructions) before the\ndate it is being worn by a person or carried on a boat.\nTfNSW—see the Transport Administration Act 1988 (NSW),\nsection 3.\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Children under 12 years","content":"42 Children under 12 years\n(a) the person operates a recreational boat on a lake; and\n(b) the boat is under 8m in length and under way; and\n(c) a child under 12 years old is—\n(i) in an open area on the boat; and\n(ii) not wearing an appropriate lifejacket.\n(3) It is a defence to a prosecution for an offence against this section, if\nthe defendant proves that the defendant took all reasonable steps to\nensure that the child was wearing an appropriate lifejacket.\ns (3) (see Criminal Code, s 59).\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Recreational boats under 4.8m and off-the-shore boats","content":"43 Recreational boats under 4.8m and off-the-shore boats\n(a) the person is on a recreational boat or off-the-shore boat on a\nlake; and\n(b) the person is not wearing an appropriate lifejacket.\n\n(a) the person operates a recreational boat or off-the-shore boat on\na lake; and\n(b) another person on the boat is not wearing an appropriate\nlifejacket.\noff-the-shore boat—\n(a) means a sailing boat; but\n(b) does not include the following:\n(i) a boat that is ballasted;\n(ii) a boat that has a cabin or fixed keel;\n(iii) a boat that has an engine;\n(iv) a sailboard.\nExamples—par (a)\n• laser\n• hobie cat\n• skiff\n• catamaran\nrecreational boat—\n(a) means a boat under 4.8m; but\n(b) does not include the following:\n(i) a kiteboard;\n(ii) a paddleboard;\n\n(iii) a sailboard;\n(iv) a surfboard.\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Directions by master to wear lifejackets","content":"44 Directions by master to wear lifejackets\n(a) the person is on a recreational boat on a lake; and\n(b) the master of the boat directs the person to wear an appropriate\nlifejacket on the boat; and\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Failure to wear lifejackets—defence","content":"45 Failure to wear lifejackets—defence\nIt is a defence to a prosecution for an offence against section 43 or\nsection 44 if the defendant proves that—\n(a) the defendant was not operating the boat; and\n(b) there was no available or appropriate lifejacket on the boat when\nthe defendant was required to wear a lifejacket.\ns 43 (see Criminal Code, s 59).\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Water skiing and other recreational activities","content":"46 Water skiing and other recreational activities\n(a) the person is operating a recreational boat on a lake; and\n(b) another person is—\n(i) being towed by the boat on or over the water; or\n(ii) wake boarding or wake surfing from the boat; and\n\n(c) the other person is not wearing an appropriate lifejacket.\n(a) the person is—\n(i) being towed by a boat on or over a lake; or\n(ii) wake boarding or wake surfing from a boat on a lake; and\n(b) the person is not wearing an appropriate lifejacket.\nbeing towed, by a boat, includes water skiing or parasailing from a\nboat.\nwake boarding or wake surfing includes wake boarding or wake\nsurfing without a rope.\n","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":"Owners to ensure lifejackets available","content":"47 Owners to ensure lifejackets available\n(1) A person operating a recreational boat on a lake, or the owner of a\nrecreational boat operating on a lake, must ensure that—\n(a) the boat carries the required number of lifejackets prescribed by\nregulation for the type of boat; and\n(b) the lifejackets are appropriate lifejackets for the intended\nwearers; and\n(c) the lifejackets—\n(i) are in good condition; and\n(ii) are maintained in accordance with the manufacturer’s\ninstructions (if any) provided for the lifejackets; and\n\n(iii) are replaced when the manufacturer’s expiry date (if any)\nfor the lifejackets is reached; and\n(iv) are stored on the boat in a place that—\n(A) enables the life jackets to be accessed quickly and\neasily; and\n(B) is marked with a clearly visible sign that has the word\n“lifejackets” on it in red letters on a white background\nor white letters on a red background.\n(a) operates a recreational boat on a lake, or is the owner of a\nrecreational boat that is operating on a lake; and\n(b) the person fails to comply with the requirements in\nsubsection (1).\n\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Owners and operators to provide information about life","content":"48 Owners and operators to provide information about life\njackets\n(1) An inspector may direct a person who is the owner or operator of a\nrecreational boat that is operating on a lake to provide the inspector\nwith information relating to the maintenance, condition or storage of\nthe lifejackets for the recreational boat.\n(a) the person is given a direction under subsection (1); and\n(b) the person fails to provide the information stated in the direction\nwithin 24 hours after the direction was given.\n(4) Subsection (2) does not apply if the defendant has a reasonable excuse\nfor failing to provide the information.\nmentioned in s (4) (see Criminal Code, s 58).\n\nOther safety equipment Division 5.3\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Application—div 5.3","content":"49 Application—div 5.3\nThis division does not apply in relation to a recreational boat if the\nboat—\n(a) is ordinarily operated in a State; and\n(b) complies with the requirements for safety equipment that apply\nto the boat in the State; and\n(c) has been in the Territory for less than 90 consecutive days.\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Definitions—div 5.3","content":"50 Definitions—div 5.3\nIn this division:\nrequired safety equipment, for a boat, means the safety equipment\nprescribed by regulation.\nrequired standards, for safety equipment, means the standards\nprescribed by regulation.\n\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Owners and operators to ensure safety equipment","content":"51 Owners and operators to ensure safety equipment\navailable\n(1) A person operating a recreational boat on a lake, or the owner of a\nrecreational boat operating on a lake, must ensure that—\n(a) the boat carries the required safety equipment for the boat; and\n(b) the safety equipment is—\n(i) compliant with any required standards for the safety\nequipment; and\n(ii) in good condition; and\n(iii) maintained in accordance with the manufacturer’s\ninstructions (if any) provided for the equipment; and\n(iv) replaced when the manufacturer’s expiry date (if any) for\nthe equipment is reached; and\n(v) stored on the boat in a place that enables the equipment to\nbe accessed quickly and easily.\n(a) operates a recreational boat on a lake, or is the owner of a\nrecreational boat that is operating on a lake; and\n(b) fails to comply with the requirements in subsection (1).\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"Owners and operators to provide information about","content":"52 Owners and operators to provide information about\nsafety equipment\n(1) An inspector may direct a person who is the owner or operator of a\nrecreational boat that is operating on a lake to provide the inspector\nwith information relating to the maintenance, condition or storage of\nsafety equipment for the recreational boat.\n\nSafety directions Division 5.4\n(b) fails to provide the information stated in the direction within 24\nhours after the direction was given.\n(4) Subsection (2) does not apply if the defendant has a reasonable excuse\nfor failing to provide the information.\nmentioned in s (4) (see Criminal Code, s 58).\n","sortOrder":51},{"sectionNumber":"53","sectionType":"section","heading":"Closing lake areas or parts of lake","content":"53 Closing lake areas or parts of lake\n(1) This section applies if the Minister has signed a declaration under\nsection 22 (1) but the declaration has not been notified.\nNote The Minister may declare entry to a lake area is prohibited, or a lake area\nis a prohibited area (see s 22).\n(2) An inspector may direct a person who is in a lake area to leave the\narea.\n(a) the person is given a direction by an inspector under\nsubsection (2); and\n(b) at the time the direction is given, the inspector—\n(i) produces a copy of the signed declaration; and\n(ii) produces the inspector’s identity card to the person; and\n(iii) warns the person that failing to comply with the direction\nis an offence; and\n\n(5) If an inspector requires the use of a vehicle or boat under a direction\nmentioned in subsection (2), the inspector is not liable to pay a fee for\nthe use of the vehicle or boat.\n","sortOrder":52},{"sectionNumber":"54","sectionType":"section","heading":"Safe use of lake areas","content":"54 Safe use of lake areas\n(1) An inspector may direct a person using a lake area, or associated\nworks, to do or not to do something, if the inspector believes on\nreasonable grounds that the direction is necessary to—\n(a) ensure the safety of a person; or\n(b) ensure compliance with this Act; or\n(c) prevent damage to property in the lake area or associated works.\n(a) the person is given a direction by an inspector under\n(b) at the time the direction is given, the inspector—\n(i) produces the inspector’s identity card to the person; and\n(ii) warns the person that failing to comply with the direction\nis an offence; and\n(4) Subsection (2) applies to a person even if complying with the\ndirection is an offence against another provision in this Act.\n\nSafety directions Division 5.4\n(5) It is a defence in a prosecution for an offence against this Act if the\ndefendant proves that the defendant was complying with a direction\ngiven under subsection (1) at the time the offence was committed.\ns (5) (see Criminal Code, s 59).\n(6) If an inspector requires the use of a vehicle or boat under a direction\nmentioned in subsection (1), the inspector is not liable to pay a fee for\nthe use of the vehicle or boat.\n","sortOrder":53},{"sectionNumber":"55","sectionType":"section","heading":"Passengers on domestic commercial vessels","content":"55 Passengers on domestic commercial vessels\n(1) A designated person for a domestic commercial vessel on a lake may\ndirect a person not to board, or not to remain on board, the vessel if\nthe designated person is of the opinion that the direction is necessary\nto ensure the number of people on the vessel does not exceed the\nmaximum number of people the vessel is authorised to carry.\n(2) A designated person for a domestic commercial vessel on a lake may\ndirect a person not to enter, or not to remain in, a part of the vessel if\nthe designated person is of the opinion the direction is necessary to\nensure the number of people on the part of the vessel does not exceed\nthe maximum number of people the part of the vessel is authorised to\ncarry.\n(3) A designated person for a domestic commercial vessel on a lake may\ndirect a person on the vessel to move to, or from, a part of the vessel,\nor stop an activity in which the person is engaged on the vessel, if the\ndesignated person is of the opinion that the direction is necessary to\nensure the proper management, operation or navigation of the vessel.\n(4) A designated person for a domestic commercial vessel on a lake must\nnot give a direction under this section to a relevant officer exercising\nthe officer’s functions.\n\n(5) A person commits an offence if the person—\n(a) is given a direction under this section; and\n(6) An offence against subsection (5) is a strict liability offence.\n(7) In this section:\ndesignated person, for a domestic commercial vessel—\n(a) means a person on board the vessel who is responsible for the\nnavigation, operation, or management of the vessel; and\n(b) for subsections (1) and (2)—includes a person who is\nresponsible for the conduct of operations at the berth of the\nvessel.\nrelevant officer means—\n(a) an inspector; or\n(b) a safety investigator; or\n(c) an officer of the Commonwealth or the Territory; or\n(d) an officer of a statutory authority created under a law of the\nCommonwealth or the Territory.\n","sortOrder":54},{"sectionNumber":"Div 5","sectionType":"division","heading":"5 Lighting, marking and removing","content":"Division 5.5 Lighting, marking and removing\nobstructions\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Lighting and marking obstructions","content":"56 Lighting and marking obstructions\n(1) An inspector may direct the owner of an obstruction to navigation\nto—\n(a) mark or light the obstruction; and\n(b) maintain the marking or lighting in good condition; and\n\nLighting, marking and removing obstructions Division 5.5\n(c) notify the inspector under subsection (5) of any defect in relation\nto the marking or lighting.\n(2) A direction under subsection (1)—\n(a) must be in writing; and\n(b) must state a time by which the marking or lighting is to be\ncompleted; and\n(c) may state how the lighting or marking is to be carried out; and\n(d) may state a period of time for which the marking or lighting\nmust be maintained, including for an indefinite period.\nNote In particular, a direction given by an inspector under s (1) (c) must be in\nwriting.\n(5) A person who has been given a direction under subsection (1) (c) must\nnotify an inspector as soon as the person becomes aware of any defect\nin relation to the marking or lighting of the obstruction.\n(6) If the owner of an obstruction to navigation fails to comply with a\ndirection under subsection (1) in the time stated in the direction, an\ninspector may take action to cause the obstruction to be marked or lit.\n(7) If an inspector takes action under subsection (6) in relation to an\nobstruction to navigation, the Territory may recover the reasonable\ncosts and expenses of the action from the owner of, or the person\nresponsible for, the obstruction.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Notices to remove obstructions","content":"57 Notices to remove obstructions\n(1) An inspector may direct the owner of, or person responsible for, an\nobstruction to navigation to remove the obstruction.\n(2) A direction under subsection (1) must be in writing and state a time\nby which the obstruction must be removed.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Removing obstructions","content":"58 Removing obstructions\n(1) An inspector may remove an obstruction to navigation in a way the\ninspector considers appropriate.\n(2) The removal of an obstruction under subsection (1) may include—\n(a) its destruction, if it is reasonable in the circumstances; or\n(b) authorising its removal by another entity.\n(3) The inspector may remove an obstruction under subsection (1)\nwhether or not the inspector has given a direction under section 57.\n(4) If an inspector removes an obstruction under subsection (1), the\nTerritory may recover the reasonable costs and expenses of the action\nfrom the owner of, or the person responsible for, the obstruction.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n\nLighting, marking and removing obstructions Division 5.5\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Disposing of obstructions","content":"59 Disposing of obstructions\n(1) This section applies if an obstruction to navigation has been removed\n(other than by its destruction) under section 58.\n(2) An inspector may dispose of the thing that has been removed if—\n(a) the inspector has taken reasonable steps to return the thing to its\nowner; and\n(b) 1 or more of the following applies:\n(i) the inspector has been unable to locate the owner, despite\nmaking reasonable efforts;\n(ii) the owner has refused to take possession of the thing;\n(iii) the inspector has contacted the person about the return of\nthe thing, and the person has not taken possession of the\nthing within 30 days from the date of the contact.\n(3) The inspector may dispose of the thing in a way the inspector\nconsiders appropriate.\n\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Definitions—pt 6","content":"60 Definitions—pt 6\nhigh level means a concentration of 0.15g or more of alcohol in 210L\nof breath or 100mL of blood.\nlow level means a concentration of 0.05g or more, but less than 0.08g,\nof alcohol in 210L of breath or 100mL of blood.\nmedium level means a concentration of 0.08g or more, but less\nthan 0.15g, of alcohol in 210L of breath or 100mL of blood.\nrelevant period means the period that begins when a person stops\noperating a boat and ends at the latest time when—\n(a) a breath analysis of the person may be carried out under the\nRoad Transport (Alcohol and Drugs) Act 1977 as it applies\nunder section 50N in relation to the person; or\n(b) a sample of the person’s blood may be taken under the Road\nsection 50N in relation to the person.\nNote The Road Transport (Alcohol and Drugs) Act 1977, pt 2 provides\nfor breath analysis and the taking of samples from a person.\nspecial level means a concentration of more than 0g, but less\nthan 0.05g, of alcohol in 210L of breath or 100mL of blood.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"People under 18 years old","content":"61 People under 18 years old\n(a) the person is under 18 years old; and\n(b) the person has been operating a boat on a lake; and\n\n(c) the person has alcohol in the person’s blood or breath within the\n(d) the concentration of the alcohol in the person’s blood or breath\nis at a special level.\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Special level of alcohol","content":"62 Special level of alcohol\n(a) the person has been operating a boat for a commercial purpose\non a lake; and\nis at a special level.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Low level of alcohol","content":"63 Low level of alcohol\nis at a low level.\n\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Medium level of alcohol","content":"64 Medium level of alcohol\nis at a medium level.\nMaximum penalty: 10 penalty units, imprisonment for 6 months or\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"High level of alcohol","content":"65 High level of alcohol\nis at a high level.\nMaximum penalty: 20 penalty units, imprisonment for 12 months or\n\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Under the influence of alcohol or drugs","content":"66 Under the influence of alcohol or drugs\n(b) the person is under the influence of alcohol or a drug to the\nextent that the person is incapable of having proper control of\nthe boat.\nMaximum penalty: 30 penalty units, imprisonment for 12 months or\n(2) If a person is charged with an offence against subsection (1)—\n(a) the charge may allege that the person was under the influence of\nalcohol or a drug; and\n(b) the charge in relation to subsection (1) (b) may be proven by\nshowing the person was under the influence of alcohol, or a\ndrug, or both, to the extent mentioned in the subsection.\nNote A police officer who has a screening device immediately available is not\nentitled to arrest a person for an offence against this section unless certain\nrequirements are met (see s 73 and Road Transport (Alcohol and Drugs)\nAct 1977, s 45).\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Drugs","content":"67 Drugs\n(b) the person has a prescribed drug in the person’s oral fluid or\nblood within the relevant period of operating the boat.\nMaximum penalty: 25 penalty units, imprisonment for 3 months or\n\n(3) In a prosecution for an offence against this section, a person cannot\nrely on the Criminal Code, section 36 (Mistake of fact—strict\nliability) in relation to the identity of the prescribed drug if the person\nclaims to have—\n(a) considered, and been under a mistaken belief about, the identity\nof the prescribed drug; and\n(b) believed that the prescribed drug was a controlled drug.\n(4) In a prosecution for an offence against subsection (1), evidence may\nbe given that a person has a prescribed drug in the person’s oral fluid\nor blood based on—\n(a) for proof of the presence of a prescribed drug in the person’s\noral fluid—an analysis of a part of a sample of the person’s oral\nfluid that—\n(i) is carried out in accordance with section 13G (Oral fluid—\nconfirmatory analysis) of the Road Transport (Alcohol and\nDrugs) Act 1977 as it applies under section 50N in relation\nto the person; and\n(ii) indicates that a prescribed drug is present in the sample; or\n(b) for proof of the presence of a prescribed drug in the person’s\nblood—an analysis of a part of a sample of the person’s blood\nthat—\n(i) is carried out in accordance with section 15A (Analysis of\nblood samples) of the Road Transport (Alcohol and Drugs)\nAct 1977 as it applies under section 50N in relation to the\nperson; and\n(ii) indicates that a prescribed drug is present in the sample.\n\ncontrolled drug—see the Criminal Code, section 600.\nprescribed drug—see the Road Transport (Alcohol and Drugs)\nAct 1977, dictionary.\nrelevant period means the period that begins when the person stops\noperating the boat and ends at the latest time when—\n(a) a breath or oral fluid analysis of the person may be carried out\nunder the Road Transport (Alcohol and Drugs) Act 1977 as it\napplies under section 50N in relation to the person; or\n(b) a sample of the person’s blood may be taken under the Road\nsection 50N in relation to the person.\nNote The Road Transport (Alcohol and Drugs) Act 1977, pt 2 provides for\nbreath analysis and the taking of samples from a person.\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Evidence of alcohol levels","content":"68 Evidence of alcohol levels\nany of the following provisions:\n(a) section 61 (People under 18 years old);\n(b) section 62 (Special level of alcohol);\n(c) section 63 (Low level of alcohol);\n(d) section 64 (Medium level of alcohol);\n(e) section 65 (High level of alcohol).\n\n(2) In a prosecution for an offence against a section mentioned in\nsubsection (1), evidence may be given of alcohol in the person’s\nblood or breath based on an analysis of a sample of—\n(a) for proof of the concentration of alcohol in the person’s breath—\nthe person’s breath carried out in accordance with the Road\nsection 73 in relation to the person; or\n(b) for proof of the concentration of alcohol in the person’s blood—\nthe person’s blood carried out at an approved laboratory and\ncertified to be accurate by an analyst in accordance with the\nRoad Transport (Alcohol and Drugs) Act 1977 as it applies\nunder section 73 in relation to the person.\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"Alternative verdicts—medium level of alcohol","content":"69 Alternative verdicts—medium level of alcohol\nsection 64 (Medium level of alcohol) if the trier of fact is satisfied\nthat, within the relevant period, the concentration of the alcohol in the\nperson’s blood or breath was at low level but not at a medium level.\n(2) The trier of fact may find the person guilty of an offence against\nsection 63 (Low level of alcohol) if the Court gives procedural\nfairness to the person before the finding of guilt.\n","sortOrder":69},{"sectionNumber":"70","sectionType":"section","heading":"Alternative verdicts—high level of alcohol","content":"70 Alternative verdicts—high level of alcohol\nsection 65 (High level of alcohol) if the trier of fact is satisfied that,\nwithin the relevant period, the concentration of the alcohol in the\nperson’s blood or breath was at a low level or medium level but not\nat a high level.\n(2) The trier of fact may find the person guilty of an offence mentioned\nin subsection (3) if the Court gives procedural fairness to the person\nbefore the finding of guilt.\n\n(3) The offences for which a person may be found guilty are—\n(a) if the concentration was at a low level—section 63 (Low level\nof alcohol); or\n(b) if the concentration was at a medium level—section 64\n(Medium level of alcohol).\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Alternative verdicts—high, medium and low levels of","content":"71 Alternative verdicts—high, medium and low levels of\nsection 63, section 64 or section 65 if the trier of fact is satisfied that,\nwithin the relevant period, the concentration of the alcohol in the\nperson’s blood or breath was at a special level but not at a high level,\nmedium level or low level.\n(2) The trier of fact may find the person guilty of an offence mentioned\nin subsection (3) if the Court gives procedural fairness to the person\nbefore the finding of guilt.\n(3) The offences for which a person may be found guilty are—\n(a) if the person is under 18 years old—section 61 (People under\n18 years old); or\n(b) if the person was operating the boat for a commercial purpose—\nsection 62 (Special level of alcohol).\n","sortOrder":71},{"sectionNumber":"72","sectionType":"section","heading":"Defence—special level of alcohol","content":"72 Defence—special level of alcohol\n(1) This section applies if—\n(a) a person is charged with an offence against section 61 or\nsection 62; and\n(b) the concentration of alcohol in the person’s blood or breath\nwithin the relevant period was less than 0.02g in 100mL of the\nperson’s blood or 210L of the person’s breath.\n\n(2) It is a defence to a prosecution for the offence if the defendant proves\nthat the concentration of alcohol in the defendant’s blood or breath\nwas caused by—\n(a) the consumption of an alcoholic beverage that formed part of a\nreligious observance; or\n(b) the consumption or use of a substance that was not, entirely or\npartly, consumed or used for its alcohol content.\nExample—substance\nfood or medicine that contains alcohol\ns (2) (see Criminal Code, s 59).\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Application of Road Transport (Alcohol and Drugs)","content":"73 Application of Road Transport (Alcohol and Drugs)\nAct 1977\n(1) A provision of the Road Transport (Alcohol and Drugs) Act 1977\nmentioned in subsection (2) applies in relation to a person who\noperates a boat on a lake as if a reference to—\n(a) a road or road related area included a reference to a lake or lake\narea; and\n(b) a driver of a motor vehicle on a road in the Territory included a\nreference to a person operating a boat on a lake; and\n(c) a driver of a motor vehicle included a reference to a person who\noperates a boat; and\n(d) driving included a reference to operating; and\n(e) a motor vehicle included a reference to a boat; and\n(f) a motor vehicle involved in an accident included a reference to\na boat involved in an accident; and\n(g) a prescribed concentration of alcohol included a reference to a\nlow level, high level, medium level or special level of alcohol\nmentioned in section 60; and\n\n(h) an offence against that Act, section 24 included a reference to\nan offence against this Act, section 66; and\n(i) an offence against that Act included a reference to an offence\nagainst this part; and\n(j) that Act included a reference to this part.\n(2) The following provisions of the Road Transport (Alcohol and Drugs)\nAct 1977 apply in relation to a person who operates a boat on a lake:\n(a) part 1;\n(b) part 1A (other than sections 4B to 4C, 4E and 4F);\n(c) part 2 (other than sections 9A, 10, 13BA, 13C, 15AA and 18B);\n(d) part 3 (other than sections 19 to 21C, 24, 24A, and 25 (2));\n(e) part 7;\n(f) part 9 (other than section 50 and section 51);\n(g) schedule 1;\n(h) the dictionary (other than definitions that do not appear in\nprovisions that apply to a person who operates a boat on a lake);\n(i) a provision of a regulation, as in force from time to time, made\nunder the Road Transport (Alcohol and Drugs) Act 1977 for the\npurpose of the provisions mentioned in paragraphs (a) to (h).\n(3) If a provision of the Road Transport (Alcohol and Drugs) Act 1977\napplies in relation to a person who operates a boat on a lake, an entity\nwho has a function under that Act may exercise the function in\nrelation to the person.\nExample\nEntities who have functions under the Road Transport (Alcohol and Drugs)\nAct 1977 include an analyst, a police officer, an authorised operator, a doctor or\nnurse, and an approved laboratory.\n\n(4) Part 9 does not restrict the operation of a provision of the Road\nTransport (Alcohol and Drugs) Act 1977 that applies under this\nNote This section applies powers to collect evidence under the Road Transport\n(Alcohol and Drugs) Act 1977 that are in addition to, and not constrained\nby, any other powers under this Act. This section also applies offences\nfrom the Road Transport (Alcohol and Drugs) Act 1977 to a person who\noperates a boat on a lake.\n\nBoating accidents Part 7\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Obligation to stop","content":"74 Obligation to stop\n(1) The master of a boat commits an offence if—\n(a) the boat is involved in a boating accident involving another boat\nor the death of, or injury to, a person; and\n(b) the master fails to stop the boat.\n(3) Subsection (1) does not apply if the defendant has a reasonable excuse\nfor failing to stop the boat.\nmentioned in s (3) (see Criminal Code, s 58).\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Obligation to give assistance","content":"75 Obligation to give assistance\nThe master of a boat commits an offence if—\n(a) the boat is involved in a boating accident involving another boat\nor the death of, or injury to, a person; and\n(b) the master negligently fails to give assistance to any person\ninjured, or boat damaged, in the boating accident.\n\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Obligation to produce licence and give particulars","content":"76 Obligation to produce licence and give particulars\n(1) The master of a boat commits an offence if—\n(a) the boat is involved in a boating accident; and\n(b) a person involved in the accident requests that the master gives\nthe person any of the following information:\n(i) information from the master’s licence or permit (however\ndescribed) that authorises the master to use the boat;\n(ii) the master’s name and address;\n(iii) the name and address of the boat’s owner;\n(iv) the name of the boat and any distinguishing number that is,\nor is required to be, displayed on the boat by law; and\n(c) the master fails to comply with the request.\n(3) Subsection (1) does not apply if the defendant has a reasonable excuse\nfor failing to comply with the request.\nmentioned in s (3) (see Criminal Code, s 58).\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Obligation to report boating accidents to the Minister","content":"77 Obligation to report boating accidents to the Minister\n(1) As soon as practicable after a boating accident, the master of a boat\ninvolved in the accident (and the owner of the boat if aware of the\naccident) must give a report to the Minister containing particulars of\nthe boating accident.\n(2) A report is not required to be given if—\n(a) a report of the boating accident has already been given by the\nowner or master; or\n\nBoating accidents Part 7\n(b) the boating accident involves a recreational boat only and does\nnot result in any of the following:\n(i) loss of life or injury to a person;\n(ii) property damage of a value greater than $5 000;\n(iii) damage to, or the risk of damage to, the environment.\n(a) is required to give a report to the Minister under subsection (1);\nand\n(b) fails to give the report to the Minister.\nparticulars of the boating accident means the following:\n(a) the time, place and nature of the boating accident;\n(b) the name and distinguishing number (if any) of each boat\ninvolved in the boating accident;\n(c) the name and address of each person who was involved in, or\nwas a material witness to, the boating accident;\n(d) a description of the estimated extent of any injury or damage, or\nany loss of life, resulting from the boating accident.\n\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Obligation to preserve evidence","content":"78 Obligation to preserve evidence\nA person commits an offence if—\n(a) the person is—\n(i) the owner or master of a boat involved in a boating\naccident; or\n(ii) otherwise involved in a boating accident; and\n(b) the person reasonably believes that evidence relating to the\nboating accident may be required for an investigation into the\nboating accident; and\n(c) the person negligently fails to preserve the evidence.\nExamples—evidence relating to boating accident\n• nautical charts\n• log books\n\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Safety investigations","content":"79 Safety investigations\n(1) The Minister may order an investigation into any of the following\nmatters:\n(a) a boating accident that has been reported under section 77 or that\nthe Minister believes may have happened;\n(b) a situation that has the potential to cause a boating accident;\n(c) alleged incompetence or misconduct of a person operating a\npower boat who is required to hold a licence or permit under\nsection 27 to operate the boat;\n(d) a boat that has been detained under section 111 in relation to an\noffence against section 38 (Operating unsafe boats).\n(2) The purposes of a safety investigation are—\n(a) to decide the circumstances of, or in relation to, a boating\naccident or other matters that affect safety on a lake; and\n(b) to make recommendations to prevent similar boating accidents\nor other matters happening again.\n(3) A safety investigation may be carried out whether or not it relates to\na matter that—\n(a) is being investigated, or has been investigated, under another\nCommonwealth or territory law; or\n(b) is or may be subject to criminal or civil proceedings.\n(4) If the Minister orders a safety investigation into a matter mentioned\nin subsection (1) (c), the Minister may notify the State or the\nCommonwealth authority that granted the licence or permit of the\ninvestigation.\n\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Appointment of safety investigators and powers","content":"80 Appointment of safety investigators and powers\n(1) The Minister may appoint 1 or more investigators (a safety\ninvestigator) to carry out a safety investigation.\n(2) The Minister may appoint either of the following as a safety\ninvestigator:\n(a) a police officer;\n(b) a person who possesses qualifications or experience relevant to\nan investigation.\nNote 1 For the making of appointments (including acting appointments), see the\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(3) A safety investigator is subject to the control and direction of the\nMinister, except in relation to the content of a safety investigation\nreport.\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"People assisting safety investigators","content":"81 People assisting safety investigators\nA person may assist a safety investigator under this part if—\n(a) the assistance is necessary and reasonable; and\n(b) the person follows any direction given to the person by the safety\ninvestigator.\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Conduct of safety investigations","content":"82 Conduct of safety investigations\n(1) A safety investigator must conduct a safety investigation in a way that\nthe safety investigator considers appropriate having regard to the\npurposes of the investigation.\n\n(2) A safety investigation may extend to all relevant events and\ncircumstances preceding a boating accident or other matter to which\nthe investigation relates.\n(3) In conducting a safety investigation, a safety investigator may rely on\nany evidence relating to the matter under investigation given in any\ncriminal or civil proceedings or in any coronial or other judicial\ninquiry.\n(4) At any time during the safety investigation, the Minister may decide\nthe investigation is to be discontinued and a safety investigation\nreport is to be prepared and submitted by the safety investigator.\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"People to give information, produce documents or","content":"83 People to give information, produce documents or\nanswer questions\n(1) A safety investigator may give a written notice under subsection (2)\nto a person if the safety investigator reasonably believes that the\nperson has information or a document that is relevant to a safety\ninvestigation.\n(2) The notice may require the person—\n(a) to give information to the safety investigator or a stated\ninspector; or\n(b) to produce a document to the safety investigator or a stated\ninspector; or\n(c) to appear before the safety investigator or a stated inspector to\nanswer questions.\n(3) A notice mentioned in subsection (2) (a) or (b) must state—\n(a) a period of at least 14 days after the day the notice is given to\nthe person, when the person must comply with the notice; and\n(b) the way in which the person must comply with the notice; and\n(c) that it is an offence under subsection (8) to fail to comply with\nthe notice.\n\n(4) A notice mentioned in subsection (2) (c) must state—\n(a) the time and place at which the person must appear; and\n(b) that it is an offence under subsection (8) to fail to comply with\nthe notice.\n(5) The safety investigator or inspector may require a person who has\nbeen given a notice mentioned in subsection (2) (c)—\n(a) to answer any question relevant to a safety investigation; and\n(b) to give any answer on oath or affirmation orally or in writing.\n(6) The safety investigator or inspector may administer the oath or\naffirmation under subsection (5).\n(7) If the place stated in the notice is more than 16km from a person’s\nplace of residence at the time the person receives the notice, the\nperson is entitled to be paid a reasonable allowance for expenses\nincurred by the person for transport, meals and accommodation in\nrelation to appearing before the safety investigator or inspector.\n(8) A person commits an offence if—\n(a) the person is given a notice under subsection (2); and\n(b) the person fails to comply with the notice.\nMaximum penalty: 50 penalty units\n(9) An offence against subsection (8) is a strict liability offence.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Safety investigation reports","content":"84 Safety investigation reports\n(1) A safety investigator must prepare a report (a safety investigation\nreport)—\n(a) after completing a safety investigation into a boating accident or\nother matter; or\n(b) if requested to do so by the Minister under section 82 (4).\n\n(2) The safety investigation report must include—\n(a) findings of fact of the boating accident or other matter, and if the\nfacts cannot be established with certainty, the safety\ninvestigator’s opinion as to the most probable facts; and\n(b) for a boating accident—the cause or most probable cause of the\nboating accident; and\n(c) observations and recommendations that the safety investigator\nconsiders should be carried out to prevent a similar boating\naccident or other matter from happening again.\n(3) The safety investigator must not include an adverse comment in\nrelation to a person in a safety investigation report unless the safety\ninvestigator has given the person a reasonable opportunity to respond\nto the proposed comment.\n(4) A safety investigator may, at any time during a safety investigation,\nprepare an interim safety investigation report and submit it to the\n(5) The safety investigator must submit a safety investigation report to\nthe Minister.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Actions by Minister following safety investigations","content":"85 Actions by Minister following safety investigations\n(1) After receiving a safety investigation report, the Minister may take no\naction or do 1 or more of the following:\n(a) take action to improve safety procedures;\n(b) reprimand the holder of a licence or permit (however described)\nunder the law of a State or the Commonwealth that authorises\nthe person to use a boat;\n(c) inform the State or Commonwealth authority that granted the\nlicence or permit mentioned in paragraph (b) of the report and\nany action taken by the Minister on the report;\n\n(d) recommend that criminal or other legal proceedings be taken\nagainst a person.\n(2) Before taking action under this section, the Minister may conduct a\nfurther investigation of the matter or refer the matter to the same or a\ndifferent safety investigator for further investigation and a further\nsafety investigation report under this part.\n(3) Any action taken under this section may extend to more than 1 permit\nor licence held by a person.\n(4) The Minister must give written notice to the holder of the licence or\npermit of any action taken under this section against the holder,\ntogether with a copy of the final safety investigation report.\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"Public release of safety investigation reports and","content":"86 Public release of safety investigation reports and\nrecommendations\n(1) A safety investigator may, at any time during the course of a safety\ninvestigation, make recommendations to the Minister.\n(2) The Minister may cause the recommendations to be made public if\nthe Minister considers that it is in the interests of safety to do so.\n(3) The Minister may publicly release all or part of any report submitted\nto the Minister by a safety investigator.\n(4) The Minister must not publicly release all or part of a report if the\nrelease might prejudice the rights of any person in any criminal\nproceedings started in relation to the matter.\nNote The Information Privacy Act 2014 applies to the disclosure of personal\ninformation.\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Protection from liability","content":"87 Protection from liability\n(1) This section applies if a person, honestly and without recklessness,\ngives information to the Minister or a safety investigator in relation\nto a safety investigation.\n\n(2) Civil proceedings may not be brought against any of the following in\nrelation to anything in the information mentioned in subsection (1)\nthat is alleged to be defamatory or a breach of confidence:\n(a) the Territory;\n(b) the Minister;\n(c) the safety investigator;\n(d) an inspector;\n(e) the person who supplied the information.\n\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Definitions—pt 9","content":"88 Definitions—pt 9\nenter, a place of inspection, includes boarding a boat.\nplace of inspection means a place, premises, vehicle, or boat.\n","sortOrder":88},{"sectionNumber":"Div 9","sectionType":"division","heading":"2 Inspectors","content":"Division 9.2 Inspectors\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Inspectors","content":"89 Inspectors\n(1) The director-general may appoint a public servant as an inspector for\nthis Act.\nNote 1 For the making of appointments (including acting appointments), see the\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) The delegate for lakes and police officers are also inspectors.\n","sortOrder":90},{"sectionNumber":"90","sectionType":"section","heading":"Identity cards","content":"90 Identity cards\n(1) The director-general must give an inspector (other than a police\nofficer) an identity card stating the person’s name and that the person\nis an inspector.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n\nInspectors Division 9.2\n(a) the person stops being an inspector; and\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable, but not later than 7 days,\nafter the person stops being an inspector.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n(5) Subsection (3) does not apply to a person if the person’s identity card\nhas been—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nmentioned in s (5) (see Criminal Code, s 58).\n","sortOrder":91},{"sectionNumber":"91","sectionType":"section","heading":"Powers not to be exercised before identity card shown","content":"91 Powers not to be exercised before identity card shown\nAn inspector may exercise a power under this part in relation to a\nperson only if the inspector first shows the person the inspector’s\nidentity card.\n","sortOrder":92},{"sectionNumber":"92","sectionType":"section","heading":"People assisting inspectors","content":"92 People assisting inspectors\nA person may assist an inspector under this part if—\n(a) the assistance is necessary and reasonable; and\n(b) the person follows any direction given to the person by the\ninspector.\n\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Entering places of inspection and boats in lake areas","content":"93 Entering places of inspection and boats in lake areas\n(1) An inspector may enter—\n(a) a place of inspection at any time with the consent of the\noccupier; or\n(b) a place of inspection in accordance with a warrant; or\n(c) a place of inspection to protect life or property, if the inspector\nbelieves on reasonable grounds the circumstances are so serious\nand urgent that immediate entry to the premises without\nauthority of a warrant is necessary; or\n(d) a boat in a lake area, if the inspector believes on reasonable\ngrounds that an offence against this Act is being, or has been,\ncommitted.\nNote To enter a place of inspection includes boarding a boat (see s 88,\ndef enter).\n(2) An inspector may, without the occupier’s consent or a warrant, enter\na place of inspection to ask the occupier for consent to enter the place.\n","sortOrder":94},{"sectionNumber":"94","sectionType":"section","heading":"Producing identity cards","content":"94 Producing identity cards\nAn inspector must not remain at a place of inspection entered under\nthis division if, on request by the occupier, the inspector does not\nproduce the inspector’s identity card.\n","sortOrder":95},{"sectionNumber":"95","sectionType":"section","heading":"Consent to entry","content":"95 Consent to entry\n(1) When seeking the consent of an occupier to enter a place of inspection\nunder this division, an inspector must—\n(a) produce their identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n\n(ii) that anything found and seized may be used in evidence in\ncourt; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this division may be\nused in evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) the time, and date, when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the inspector\nmust immediately give a copy to the occupier.\n(4) Unless the contrary is proven, a court must presume that an occupier\nof the place of inspection did not consent to an entry to the place by\nan inspector under this division if—\n(a) the question whether the occupier consented to the entry arises\nin proceedings in the court; and\n(b) an acknowledgment under this section is not produced in\nevidence for the entry or exercise of power; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"Warrants","content":"96 Warrants\n(1) An inspector may apply to a magistrate for a warrant to enter a place\nof inspection.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity (relevant evidence) that\nmay provide evidence of an offence against this Act or a related\nlaw; and\n(b) the relevant evidence is, or may be within the next 14 days, at\nthe place of inspection.\n(5) The warrant must state—\n(a) that an inspector may, with necessary assistance and force, enter\nthe place of inspection and exercise the inspector’s powers\nunder this division; and\n(b) the offence for which the warrant is sought; and\n(c) the relevant evidence that may be seized under the warrant; and\n(d) the hours when the place of inspection may be entered; and\n(e) the date, within 14 days after the warrant’s issue, the warrant\nends.\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"Warrants—application made other than in person","content":"97 Warrants—application made other than in person\n(1) An inspector may apply for a warrant by phone, fax, email, radio or\nother form of communication if the inspector considers it necessary\nbecause of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the inspector must prepare an\napplication stating the grounds on which the warrant is sought.\n\n(3) The inspector may apply for the warrant before the application is\nsworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the inspector if it is reasonably practicable to do so.\n(5) If it is not reasonably practicable to provide a written copy to the\ninspector—\n(a) the magistrate must tell the inspector—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) the inspector must complete a form of warrant (the warrant\nform) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the inspector, authorises the entry and the exercise of\nthe inspector’s other powers stated in the warrant issued by the\nmagistrate.\n(7) The inspector must, at the first reasonable opportunity, send the\nmagistrate—\n(a) the sworn application; and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n\n(9) A court must find that a power exercised by an inspector was not\nauthorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"General powers on entry","content":"98 General powers on entry\n(1) An inspector who enters a place of inspection under this division may,\nfor this Act—\n(a) inspect, measure, photograph or film the place of inspection or\nanything at the place of inspection; or\n(b) copy a document at the place of inspection; or\n(c) test or take samples of, or from, anything at the place of\ninspection; or\n(d) take into the place of inspection any people, equipment or\nmaterial the inspector reasonably needs for exercising a power\nunder this part; or\n(e) require the occupier, or another person at the place of inspection\nto give the inspector reasonable help to exercise a power under\nthis part.\n(a) an inspector requires the person to give the inspector reasonable\nhelp under subsection (1) (e); and\n(b) the person fails to take reasonable steps to comply with the\nrequirement.\n\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"Power to seize evidence","content":"99 Power to seize evidence\n(1) An inspector who enters a place of inspection with a warrant under\nthis division may seize the evidence for which the warrant was issued.\n(2) An inspector who enters a place of inspection under this division with\nthe occupier’s consent may seize a thing at the place of inspection\nif—\n(a) the inspector is satisfied on reasonable grounds that the thing is\nconnected with an offence against this Act or a related law; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(3) An inspector may seize anything at the place of inspection if the\ninspector is satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act or a\nrelated law; and\n(b) the seizure is necessary to prevent the thing being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, an inspector who enters a place of inspection under this division\n(whether with the occupier’s consent, under a warrant or otherwise)\nmay seize anything at the place of inspection if satisfied on reasonable\ngrounds that the thing poses a risk to—\n(a) the health or safety of a person; or\n(b) public or private property; or\n(c) the environment.\n(5) The powers of an inspector under subsection (3) and subsection (4)\nare additional to any powers of the inspector under subsection (1) or\nsubsection (2) or any other territory law.\n\n(6) Having seized a thing, an inspector may—\n(a) move the thing from the place of inspection where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if the person—\n(a) interferes with a seized thing, or anything containing a seized\nthing, to which access has been restricted under subsection (6);\nand\n(b) does not have an inspector’s approval to interfere with the thing.\nNote Div 9.6 (Dealing with things seized) applies to a thing seized under this\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"Facilitating boarding of boats","content":"100 Facilitating boarding of boats\n(1) An inspector may request a person to take reasonable steps to allow\nthe inspector to board a boat under section 93 (1).\n(2) The inspector may make the request to the person in charge of the\nboat or someone else.\n(a) an inspector makes a request to the person under subsection (1);\nand\n(b) the person fails to comply with the request.\n\nBoarding of boats Division 9.4\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Directing boats after boarding","content":"101 Directing boats after boarding\n(1) An inspector who boards a boat under section 93 (1) may direct the\nmaster of the boat to do any of the following:\n(a) stop or manoeuvre the boat;\n(b) adopt a stated course or speed;\n(c) maintain a stated course or speed;\n(d) take the boat to a stated place.\n(a) an inspector directs the person to take an action under\n(b) the person fails to take reasonable steps to take the action.\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"Requiring information after entry","content":"102 Requiring information after entry\n(1) An inspector who boards a boat under section 93 (1) may require a\nperson on the boat to provide any of the following information, only\nif the information is to assist the inspector to carry out the inspector’s\nfunctions under this Act:\n(a) the person’s name;\n(b) the person’s residential address;\n(c) the person’s date of birth;\n(d) evidence of the person’s identity.\n\n(a) an inspector requires the person to provide the information\nunder subsection (1); and\n(b) the person fails to take reasonable steps to provide the\ninformation.\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Masters to answer questions","content":"103 Masters to answer questions\n(1) An inspector may require the master of a boat to answer questions\nabout the nature or operation of the boat.\n(a) an inspector requires the person to answer a question under\n(b) the person fails to answer the question.\n","sortOrder":104},{"sectionNumber":"104","sectionType":"section","heading":"Masters to produce records","content":"104 Masters to produce records\n(1) An inspector may require the master of a boat to produce a document\nin the master’s possession about the operations of the boat.\n(a) an inspector requires the person to produce a document under\n(b) the person fails to produce the document.\n\nGathering information Division 9.5\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"People to provide information about owners or masters","content":"105 People to provide information about owners or masters\nof boats\n(1) An inspector may require a person to provide information about the\nidentity and address of the owner or master of a boat.\n(2) The inspector may require the information to be provided by the\nperson orally or by the production of documents or records in the\nperson’s possession.\n(a) an inspector requires the person to provide information under\n(b) the person has the information; and\n(c) the person fails to provide the information.\n","sortOrder":106},{"sectionNumber":"106","sectionType":"section","heading":"Boat licences","content":"106 Boat licences\n(1) An inspector may require a person to produce the person’s licence or\npermit if—\n(a) the person is, or purports to be, the holder of a licence or permit;\nand\n(b) the person is operating a boat on a lake or doing anything for\nwhich the licence or permit is required.\n(2) If the person does not have the licence or permit in the person’s\npossession at the time the requirement is made, the person must\nproduce the licence or permit to an inspector within 24 hours or any\nlonger period approved by the inspector.\n(3) An inspector may seize a licence or permit that is not current or that\nthe inspector reasonably believes is false.\nNote Div 9.6 (Dealing with things seized) applies to a thing seized under this\n\n(a) the person is required to produce a licence or permit under\n(b) the person—\n(i) fails to produce the licence or permit; or\n(ii) if subsection (2) applies—fails to produce the licence or\npermit within the required time.\n(5) An offence against subsection (4) is a strict liability offence.\n(6) In this section:\nlicence or permit means a licence or permit (however described)\nunder a law of a State or the Commonwealth that authorises the\nperson to use a boat.\n","sortOrder":107},{"sectionNumber":"107","sectionType":"section","heading":"Receipts for things seized","content":"107 Receipts for things seized\n(1) As soon as practicable after an inspector seizes a thing under\nsection 99 or section 106, the inspector must give a receipt for it to\nthe person from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe inspector must leave the receipt at the place of seizure in a\nreasonably secure way and in a conspicuous position.\n","sortOrder":108},{"sectionNumber":"108","sectionType":"section","heading":"Access to things seized","content":"108 Access to things seized\nA person who would, apart from the seizure, be entitled to a thing\nseized under section 99 or section 106 may—\n(a) inspect the thing; and\n\nDealing with things seized Division 9.6\n(b) if the thing is a document—take extracts from, or make copies\nof, the document.\n","sortOrder":109},{"sectionNumber":"109","sectionType":"section","heading":"Return of things seized","content":"109 Return of things seized\n(1) A thing seized under section 99 or section 106 must be returned to its\nowner, or reasonable compensation must be paid to the owner by the\nTerritory for the loss of the thing, if—\n(a) a prosecution for an offence relating to the thing is not instituted\nwithin 90 days of the seizure; or\n(b) the court does not find the offence proved in a prosecution for\nan offence relating to the thing.\n(2) A thing seized under this division is forfeited to the Territory if a\ncourt—\n(a) finds an offence relating to the thing to be proved; and\n(b) orders the forfeiture.\n(3) If subsection (2) (a) applies, but a court does not order forfeiture of\nthe thing seized, the Territory must return the thing to its owner or\npay reasonable compensation to the owner in relation to the loss of\nthe thing.\n","sortOrder":110},{"sectionNumber":"110","sectionType":"section","heading":"Disposal of things seized","content":"110 Disposal of things seized\n(1) An inspector may dispose of a thing seized under section 99 or\nsection 106 if—\n(a) an inspector has taken reasonable steps under section 109 to\nreturn the thing to the person from whom it was seized; and\n(b) the inspector has been unable to locate the person, despite\nmaking reasonable efforts, or the person has refused to take\npossession of the thing.\n(2) The inspector may dispose of the thing in any way that the inspector\nconsiders appropriate.\n\n","sortOrder":111},{"sectionNumber":"111","sectionType":"section","heading":"Inspectors may detain boats","content":"111 Inspectors may detain boats\n(1) An inspector may detain a boat in a lake area and bring the boat to a\nholding area, if the inspector reasonably believes that the boat is or\nhas been involved in an offence against this Act.\n(2) If a boat is detained, sections 108 to 110 apply as if the boat were a\nthing seized under section 99 or section 106.\n(3) If an inspector detains a boat under subsection (1), the inspector must\ngive written notice, within 14 days, to—\n(a) the owner of the boat; or\n(b) if the owner is not able to be located—the person who had\npossession or control of the boat immediately before it was\ndetained.\n(4) If it is not practicable for the inspector to give the notice to the person,\nthe inspector may give the notice by fixing the notice to a prominent\npart of the boat.\n(5) The notice must—\n(a) identify the boat; and\n(b) state the boat has been detained; and\n(c) state the reason the boat has been detained; and\n(d) state the contact details of an inspector who can provide further\ninformation; and\n(e) include information about the return of the boat.\n\nDetaining boats Division 9.7\n(6) A person commits an offence if—\n(a) a boat is being detained under subsection (1); and\n(b) the person operates the boat, or causes or allows the operation\nof the boat; and\n(c) an inspector has not consented to the operation of the boat.\n","sortOrder":112},{"sectionNumber":"112","sectionType":"section","heading":"Territory to pay costs of detention","content":"112 Territory to pay costs of detention\n(1) This section applies if there was no reasonable or probable cause for\nthe detention of a boat under section 111.\n(2) The Territory is liable to pay the owner of the boat reasonable\ncompensation for any loss or damage incurred by the owner as a result\nof the detention of the boat.\n(3) If the owner and the Territory cannot agree on the amount of\ncompensation payable under subsection (2), the owner may take\nproceedings in a court of competent jurisdiction or the ACAT for the\nrecovery of compensation.\n","sortOrder":113},{"sectionNumber":"113","sectionType":"section","heading":"Owner to pay costs of detention","content":"113 Owner to pay costs of detention\n(1) This section applies if—\n(a) a boat was detained under section 111; and\n(b) the Territory incurs costs in relation to the detention of the boat;\nand\n(c) the detention was reasonable in the circumstances.\n(2) The owner of the boat is liable to pay the Territory compensation\nfor—\n(a) the costs of, and incidental to, the detention of the boat; and\n\n(b) any loss or damage incurred by the Territory as a result of the\ndetention of the boat.\n(3) If the owner and the Territory cannot agree on the amount of\ncompensation payable under subsection (2), the Territory may take\nproceedings in a court of competent jurisdiction or the ACAT for the\nrecovery of compensation.\n\nNotification and review of decisions Part 10\n","sortOrder":114},{"sectionNumber":"Part 10","sectionType":"part","heading":"Notification and review of","content":"Part 10 Notification and review of\ndecisions\n","sortOrder":115},{"sectionNumber":"114","sectionType":"section","heading":"Meaning of reviewable decision—pt 10","content":"114 Meaning of reviewable decision—pt 10\nreviewable decision means a decision of the Minister mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":116},{"sectionNumber":"115","sectionType":"section","heading":"Reviewable decision notices","content":"115 Reviewable decision notices\nIf the Minister makes a reviewable decision, the Minister must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The Minister must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":117},{"sectionNumber":"116","sectionType":"section","heading":"Applications for review","content":"116 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":118},{"sectionNumber":"117","sectionType":"section","heading":"Acts and omissions of representatives","content":"117 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n\nMiscellaneous Part 11\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":119},{"sectionNumber":"118","sectionType":"section","heading":"Evidence","content":"118 Evidence\nUnless the contrary is proved, evidence that a sign referred to in\nsection 14, section 19, section 20 or section 21 was erected, placed or\ndisplayed within a lake area or on Scrivener Dam is evidence that it\nwas erected, placed or displayed, as the case may be, by or by the\nauthority of the Minister.\n","sortOrder":120},{"sectionNumber":"119","sectionType":"section","heading":"Privileges against self-incrimination and exposure to civil","content":"119 Privileges against self-incrimination and exposure to civil\npenalty\n(1) This section applies if a person is required under section 48,\nsection 52, section 76, section 77, section 83, section 102 or\ndivision 9.5 (Gathering information) (other than section 106) to\nanswer a question, provide information or produce a document or\nother thing.\n(2) The person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to provide the information, produce the document or other\nthing, or answer the question.\nNote The Legislation Act, s 171 deals with client legal privilege.\n(3) However, any information, document or other thing obtained, directly\nor indirectly, because of providing the information, the producing of\nthe document or other thing, or the answering of the question is not\nadmissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for—\n(a) an offence against section 48, section 52, section 76, section 77,\nsection 83, section 102 or division 9.5 (Gathering information)\n(other than section 106); or\n\n(b) any other offence in relation to the falsity of the information,\ndocument, other thing, or answer.\n","sortOrder":121},{"sectionNumber":"120","sectionType":"section","heading":"Determination of fees","content":"120 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":122},{"sectionNumber":"122","sectionType":"section","heading":"Regulation-making power","content":"122 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) requirements for the registration of boats;\n(b) the equipment to be carried on a boat;\n(c) the construction, design or supply of hatches and exterior doors\nof boats that will be, or are likely to be, used for recreational\npurposes on a lake;\n(d) the qualifications that a person requires to operate a power boat;\n(e) prohibiting a person from operating a kind of boat;\n(f) lighting, marking, removing, and disposing of obstructions to\nnavigation in a lake area;\n(g) safety, including requirements for the following:\n(i) safety equipment of boats;\n(ii) navigation;\n(iii) operating a boat;\n(iv) the conduct of a person on a boat;\n(v) signals and lights and their use on a boat;\n(vi) avoiding collisions;\n\nMiscellaneous Part 11\n(vii) the use of a lake or lake area;\n(viii) preventing a person from interfering with a boat or lights,\nnavigation aids, or equipment.\n(3) The Legislation Act, section 47 (3), (5) and (6) does not apply to the\nincorporation of an Australian Standard or an Australian/NewZealand\nStandard applied, adopted or incorporated in a regulation under this\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(4) A regulation may create offences and fix maximum penalties of not\nmore than 30 penalty units for the offences.\n","sortOrder":123},{"sectionNumber":"123","sectionType":"section","heading":"Exemptions by Minister","content":"123 Exemptions by Minister\n(1) The Minister may, by written notice, exempt a person or boat from\npart 4.\n(2) An exemption may be given with conditions.\n(3) The Minister must not exempt a person or boat, or impose a condition,\nunless the Minister is satisfied that the exemption or condition—\n(a) is in the public interest; and\n(b) will not jeopardise the safety of a boat or a person on board a\nboat; and\n(c) will not compromise the conduct of a safety investigation.\n(4) An exemption is a notifiable instrument.\n\n","sortOrder":124},{"sectionNumber":"124","sectionType":"section","heading":"Breaching conditions of exemptions","content":"124 Breaching conditions of exemptions\n(a) the person—\n(i) operates a boat on a lake; or\n(ii) carries out an action in a lake area; and\n(b) the person, or boat, is exempt from part 4 subject to a condition;\nand\n(c) the person fails to comply with the condition.\n","sortOrder":125},{"sectionNumber":"125","sectionType":"section","heading":"Compensation—acquisition of property","content":"125 Compensation—acquisition of property\n(1) If, apart from this section and another section of this Act that deals\nwith compensation—\n(a) the operation of any provision of this Act would result in the\nacquisition of property from a person otherwise than on just\nterms; and\n(b) the acquisition would be unlawful because of the\nSelf-Government Act, section 23 (1);\nthe person acquiring the property (the acquirer) is liable to pay\nreasonable compensation to the other person for the acquisition.\n(2) If the acquirer and the other person do not agree on the amount of\ncompensation, the other person may, by proceeding in a court of\ncompetent jurisdiction or the ACAT, recover from the acquirer the\nreasonable compensation that the court or tribunal decides.\n\nReviewable decisions Schedule 1\n","sortOrder":126},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 10)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 12 (2) make determination of\ncompensation\nowner of land\n2 18 (1) refuse to approve\nanchoring of buoy or\nerecting of wharf or\njetty\napplicant for approval\n3 18 (1) impose conditions on\napproval to anchor\nbuoy or erect wharf or\njetty\napplicant for approval\n4 26 refuse to grant permit\nto moor boat\n5 29 (1) refuse to authorise use\nof power boat\napplicant for authorisation\n6 29 (1) impose conditions on\npower boat\napplicant for authorisation\n7 29 (4) impose further\nconditions on power\nboat authorisation\nentity that holds\n8 29 (4) vary or revoke\ncondition imposed on\npower boat\nentity that holds\n9 29 (4) refuse to vary or\nrevoke condition\nimposed on power boat\napplicant for variation or\nrevocation\n10 29 (5) revoke power boat\nentity that has authorisation\nrevoked\n\nSchedule 1 Reviewable decisions\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n11 31 (1) refuse to grant permit\nto use hovercraft\n12 31 (1) impose conditions on\npermit to use\nhovercraft\n\nKingston Harbour Schedule 2\n","sortOrder":127},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Kingston Harbour","content":"Schedule 2 Kingston Harbour\n(see dict, def Kingston Harbour)\n\n","sortOrder":128},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Molonglo Reach","content":"Schedule 3 Molonglo Reach\nSchedule 3 Molonglo Reach\n(see dict, def Molonglo Reach)\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Commonwealth\n• contravene\n• director-general (see s 163)\n• doctor\n• entity\n• exercise\n• in relation to\n• national land\n• night\n• notification (see s 63)\n• penalty unit (see s 133)\n• person (see s 169)\n• reviewable decision notice\n• Self-Government Act\n• State\n• territory land\n• the Territory.\nappropriate lifejacket, for division 5.2 (Lifejackets)—see section 41.\nassociated work includes a wharf or jetty, owned by the Territory or\nthe Commonwealth, erected in a lake area.\nboat includes launch, yacht, canoe, raft, pontoon and anything else\nthat can carry people or goods through or on water.\n\nboating accident—\n(a) means any of the following involving a boat in a lake area:\n(i) the loss of life of, or injury to, a person on the boat;\n(ii) the loss of a person from the boat;\n(iii) the loss of life of, or injury to, a person that is caused by\nthe boat;\n(iv) the loss, or presumed loss, of the boat (including the\nsinking or abandonment of the boat);\n(v) the capsizing, grounding or flooding of the boat;\n(vi) the collision of the boat with another boat or object;\n(vii) the boat being disabled (in circumstances when it requires\nassistance);\n(viii) a fire on the boat;\n(ix) damage caused to the boat (including any structural\nfailure);\n(x) damage to the environment caused by the boat or by a\nsubstance on, or discharged from, the boat;\n(xi) an incident that causes a risk of the events mentioned in\nsubparagraphs (i) to (x) happening; but\n(b) does not include an event prescribed by regulation.\ncommercial activities means—\n(a) selling, or offering for sale, food, drink or other things; or\n(b) letting, or offering to let, on hire bicycles, boats or other things;\nor\n(c) carrying, or offering to carry, passengers or things in or on a boat\nfor fee or reward; or\n\n(d) carrying, or offering to carry, passengers or things in or on a\nhorse-drawn vehicle; or\n(e) carrying on the business of boat repair; or\n(f) undertaking any other activities prescribed under the regulations\nfor this definition.\nCommonwealth Minister means the Commonwealth Minister\nresponsible for administering the Australian Capital Territory\nNational Land (Lakes) Ordinance 2022 (Cwlth).\ndelegate for lakes means the Delegate for Lakes appointed under\nsection 10.\ndomestic commercial vessel—see the Marine Safety (Domestic\nCommercial Vessel) National Law, section 7.\nenter, a place of inspection or boat, for part 9 (Enforcement)—see\nsection 88.\nforeshores, in relation to a lake—\n(a) means the area of land bounded by the level of the lake and an\nimaginary line drawn at a distance of 100m from the high water\nlevel of the lake; but\n(b) does not include land held under lease from the Commonwealth\nor occupied with the authority of the Territory or the\nCommonwealth or under a law in force in the ACT.\nhigh level, for part 6 (Drug and alcohol offences)—see section 60.\ninspector means a person who is an inspector under section 89.\nKingston Harbour means the area outlined in bold on the plan in\nschedule 2.\n\nlake means—\n(a) Kingston Harbour; and\n(b) Lake Burley Griffin; and\nNote This Act applies to the lake area of Lake Burley Griffin to the\nextent that it is territory land (see s 5). The Australian Capital\nTerritory National Land (Lakes) Ordinance 2022 (Cwlth) applies\nto the remaining area of Lake Burley Griffin that is national land\n(see Legislation Act, dict, def national land).\n(c) Molonglo Reach; and\n(d) any other area declared by the Minister to be a lake under\nsection 9.\nlake area means the area consisting of a lake, the foreshores of the\nlake and the islands (if any) in the lake.\nLake Burley Griffin—\n(a) means the area of the Molonglo River between Scrivener Dam\nand Molonglo Reach; but\n(b) does not include Kingston Harbour.\nlow level, for part 6 (Drug and alcohol offences)—see section 60.\nmarine pilot means a person who has the conduct of, but does not\nbelong to, a boat.\nMarine Safety (Domestic Commercial Vessel) National Law means\nthe national law as set out in schedule 1 of the Marine Safety\n(Domestic Commercial Vessel) National Law Act 2012 (Cwlth).\nmaster means the person having the command or charge of a boat,\nbut does not include a marine pilot.\nmedium level, for part 6 (Drug and alcohol offences)—see section 60.\nMolonglo Reach means the area outlined in bold on the plan in\nschedule 3.\n\nobstruction to navigation—\n(a) means any thing in or on a lake that is—\n(i) a risk to the safe navigation of boats; or\n(ii) moored, berthed or placed in contravention of this Act or\nthe Marine Safety (Domestic Commercial Vessel) National\nLaw; but\n(b) does not include anything lawfully constructed in or over a lake.\noperate, a boat, means—\n(a) to determine or exercise control over the course or direction of\nthe boat or over the means of propulsion of the boat (whether or\nnot the boat is under way); and\n(b) to attempt to operate a boat; and\nExamples\n• supervise a person under 17 years old to operate a boat\n• launch a boat\n• anchor a boat\n• moor a boat\n(c) for part 4 (Use of a lake)—see section 13.\nowner, of a boat, includes a person who—\n(a) is registered as an owner of the boat in a certificate of registry\nor in a certificate or unique identifier issued for the boat under a\nlaw of a State or of the Commonwealth; and\nNote A certificate or unique identifier may be issued for a boat under the\nMarine Safety (Domestic Commercial Vessel) National Law.\n(b) is a joint owner of the boat; and\n(c) whether on the person’s own behalf or on behalf of someone\nelse—\n(i) exercises any of the functions of the owner of the boat; or\n\n(ii) publicly represents that the person has those functions or\naccepts the obligation to exercise those functions; and\n(d) owns the boat under paragraphs (a) to (c), whether or not the\nboat is mortgaged, chartered, leased, or hired; and\n(e) is the charterer of the boat.\nplace of inspection, for part 9 (Enforcement)—see section 88.\npower boat means a boat propelled by mechanical power, and\nincludes a boat under both power and sail.\nprohibited area means a part of a lake declared by the Minister under\nsection 22 to be a prohibited area.\nrecreational boat—\n(a) means a boat other than a domestic commercial vessel, or a\nregulated Australian vessel as defined in the Navigation\nAct 2012 (Cwlth); and\n(b) for division 5.3 (Other safety equipment)—see section 50.\nrelevant period, for part 6 (Drug and alcohol offences)—see\nsection 60.\nrequired safety equipment, for a boat, for division 5.3 (Other safety\nequipment)—see section 50.\nrequired standards, for safety equipment, for division 5.3 (Other\nsafety equipment)—see section 50.\nreviewable decision, for part 10 (Notification and review of\ndecisions)—see section 114.\nsafety investigation means an investigation under section 79.\nsafety investigation report means a report under section 84.\nsafety investigator means a person appointed under section 80.\nspecial level, for part 6 (Drug and alcohol offences)—see section 60.\n\nsports club means an entity established for a sporting or athletic\npurpose, and includes each person who is a member of the entity or\nwho is participating in a competition that is run by the entity.\nunder way—a boat is under way unless it is anchored, moored,\naground, or made fast to the shore or a jetty.\nunsafe, in relation to a boat, means the boat is a danger to human life\nbecause of any of the following:\n(a) the condition of the boat;\n(b) the condition of equipment on the boat;\n(c) the manner or place in which cargo or equipment on the boat is\nstowed or secured;\n(d) the nature of the cargo of the boat;\n(e) the overloading of the boat.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth ordinance—the Lakes Ordinance 1976\nNo 65 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989\n(self-government day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth) s 25).\nLegislation before becoming Territory enactment\nLakes Act 1976 A1976-65\nnotified 13 December 1976 (Gaz 1976 No S225)\ncommenced 15 December 1976 (Gaz 1976 No S228)\nas amended by\nLakes (Amendment) Ordinance 1978 Ord1978-4\nnotified 2 February 1978 (Gaz 1978 No S17)\ncommenced 2 February 1978\nCommonwealth Functions (Statutes Review) Act 1981, Cwlth No 74\npt 2, div 7\nassented to 18 June 1981\npt 2, div 7 commenced 18 August 1981 (Gaz 1981 No S171)\nLakes (Amendment) Ordinance 1983 Ord1983-31\nnotified 29 September 1983 (Gaz 1983 No S226)\ncommenced 1 October 1983\nLakes (Amendment) Ordinance 1985 Ord1985-15\nnotified 4 April 1985 (Gaz 1985 No S114)\ncommenced 4 April 1985\n\nLakes (Amendment) Ordinance 1987 Ord1987-49\nnotified 16 September 1987 (Gaz 1987 No S236)\ncommenced 16 September 1987\nLakes (Amendment) Ordinance 1988 Ord1988-67\nnotified 21 September 1988 (Gaz 1988 No GN35)\ncommenced 21 September 1988\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989\nNo S164)\nNational Land Ordinance 1989 Ord1989-39 sch\nnotified 10 May 1989 (Gaz 1989 No S160)\ncommenced 11 May 1989 (s 2 (2) and Gaz 1989 No S164)\nLegislation after becoming Territory enactment\nLakes (Amendment) Act 1991 A1991-89\nnotified 24 December 1991 (Gaz 1991 No S155)\ncommenced 24 December 1991\nLakes Amendment Ordinance 1992 Ord1992-1\nnotified 11 March 1992 (Gaz 1992 No GN10)\ncommenced 11 March 1992\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 1\nnotified 27 August 1993 (Gaz 1993 No S165)\nsch 1 commenced 27 August 1993 (s 2)\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nsch 1\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993\nsch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)\nStatute Law Revision Act 1994 A1994-26 sch\nnotified 31 May 1994 (Gaz 1994 No S93)\nsch commenced 31 May 1994 (s 2)\n\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994\nNo S250)\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch\npt 1\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994\nNo S293)\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\nsch commenced 18 December 1995 (s 2)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nWater Resources Act 1998 A1998-63 s 82\nnotified 11 December 1998 (Gaz 1998 No S209)\ns 1, s 2 commenced 11 December 1998 (s 2 (1))\ns 82 commenced 4 March 1999 (s 2 (2) and Gaz 1999 No S11)\nDomestic Animals Act 2000 A2000-86 s 158\nnotified 21 December 2000 (Gaz 2000 No S69)\ns 1, s 2 commenced 21 December 2000 (IA s 10B)\ns 158 commenced 21 June 2001 (s 2)\n\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 205\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 205 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nLegislation Amendment Act 2002 A2002-11 pt 2.30\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.30 commenced 28 May 2002 (s 2 (1))\nLakes Amendment Act 2002 A2002-46\nnotified LR 2 December 2002\ns 1, s 2 commenced 2 December 2002 (LA s 75)\nremainder commenced 3 December 2002 (s 2)\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.10\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.10 commenced 31 December 2002 (s 2 (2))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.26, sch 2 pt 2.47\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.26, sch 2 pt 2.47 commenced 9 April 2004 (s 2 (1))\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.27\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.27 commenced 24 November 2005 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.59\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.59 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.45\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.45 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.27\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.27 commenced 1 March 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.88\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.88 commenced 1 July 2011 (s 2 (1))\nPlanning, Building and Environment Legislation Amendment\nAct 2013 (No 2) A2013-40 pt 4\nnotified LR 6 November 2013\ns 1, s 2 commenced 6 November 2013 (LA s 75 (1))\npt 4 commenced 27 January 2014 (s 2 and CN2014-1)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.38\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.38 commenced 14 October 2015 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.41\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.41 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.15\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.15 commenced 9 March 2017 (s 2)\n\nLakes Amendment Act 2018 A2018-7\nnotified LR 5 March 2018\ns 1, s 2 commenced 5 March 2018 (LA s 75 (1))\nremainder commenced 5 March 2019 (s 2 (2))\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.20\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.20 commenced 5 March 2019 (s 2 (3) and see A2018-7,\ns 2 (2))\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.15\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.15 commenced 14 November 2019 (s 2 (1))\nEmergencies Amendment Act 2020 A2020-47 sch 1 pt 1.4\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\nsch 1 pt 1.4 commenced 4 September 2020 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.29\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.29 commenced 23 June 2021 (s 2 (1))\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.36\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.36 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nRoad Safety Legislation Amendment Act 2024 A2024-20 sch 1 pt 1.1\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\nsch 1 pt 1.1 commenced 25 May 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.104\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.104 commenced 26 December 2025 (s 2 (7))\n\nEnvironment Legislation Amendment Act 2025 A2025-28 pt 8\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 8 commenced 26 November 2025 (s 2)\n\nName of Act\ns 1 sub A2002-49 amdt 3.59\ns 2 om A2001-44 amdt 1.2304\nins A2002-49 amdt 3.59\nNotes\ns 3 om A2001-44 amdt 1.2304\nins A2002-49 amdt 3.59\nOffences against Act—application of Criminal Code etc\ns 4 am Ord1983-31 s 4; Ord1989-38 sch 1; A2001-44\namdt 1.2307, amdt 1.2308\nins A2005-54 amdt 1.180\ndef associated work am Ord1989-38 sch 1\ndef boat om A2002-49 amdt 3.59\ndef closed area om A2002-49 amdt 3.59\ndef commercial activities ins Ord1987-49 s 3\ndef dairy bridge om A2002-49 amdt 3.59\ndef delegate for lakes ins A1994-97 sch pt 1\ndef delegate of the Minister ins Cwlth Act 1981 No 74 s 42\nom A1994-97 sch pt 1\ndef foreshores am Ord1978-4 s 3; Ord1989-38 sch 1;\nA2001-44 amdt 1.2305\ndef inspector sub A1994-97 sch pt 1\ndef lake om A2002-49 amdt 3.59\ndef lake area om A2002-49 amdt 3.59\ndef Lake Burley Griffin om A2002-49 amdt 3.59\ndef Lake Ginninderra am A2001-44 amdt 1.2305\ndef owner om A2002-49 amdt 3.59\ndef police force om A1994-97 sch pt 1\ndef power boat om A2002-49 amdt 3.59\ndef prohibited area om A2002-49 amdt 3.59\ndef sports club om A2002-49 amdt 3.59\ndef superintendent om Cwlth Act 1981 No 74 s 42\ndef this Act om A2001-44 amdt 1.2306\ndef visible om A2002-49 amdt 3.59\n\nApplication\ns 4A renum as s 5\nApplication of Act to inspectors\ns 4B renum as s 6\nApplication of Act in emergencies\ns 4C renum as s 7\nRelationship to environmental and health laws\ns 4D renum as s 8\nApplication\ns 5 orig s 5\nrenum as s 9\npres s 5\n(prev s 4A) ins Ord1989-38 sch 1\nam A2018-7 s 5\nrenum as s 5 R18 LA (see A2018-7 s 61)\nam A2025-28 s 21, s 22\nPower of Minister to determine fees\ns 5A ins Ord1983-31 s 5\nom A2001-44 amdt 1.2310\nApplication of Act to inspectors\ns 6 orig s 6\nrenum as s 10\npres s 6\n(prev s 4B) ins A1993-44 sch 1\nsub A2002-11 amdt 2.64\nam A2002-49 amdt 3.60; A2005-54 amdt 1.181\nsub A2018-7 s 6\nrenum as s 6 R18 LA (see A2018-7 s 61)\nApplication of Act in emergencies\ns 7 orig s 7\nsub Cwlth Act 1981 No 74 s 43\nsub A1994-97 sch pt 1; A2002-49 amdt 3.61\npres s 7\n(prev s 4C) ins A2018-7 s 6\nrenum as s 7 R18 LA (see A2018-7 s 61)\nam A2020-47 amdts 1.9-1.11; pars renum R20 LA\n\nRelationship to environmental and health laws\ns 8 orig s 8\nsub A1994-97 sch pt 1\nam A1998-54 sch\nsub A2002-49 amdt 3.61; A2005-54 amdt 1.182\npres s 8\n(prev s 4D) ins A2018-7 s 6\nrenum as s 8 R18 LA (see A2018-7 s 61)\nDeclaration of area as lake\ns 9 orig s 9\nam Ord1978-4 s 4; A1991-89 sch; A1994-97 sch pt 1; A2011-3\namdt 3.267; A2017-4 amdt 3.69\npres s 9\n(prev s 5) sub A2001-44 amdt 1.2309\nam A2011-3 amdt 3.266\nreloc to pt 2 by A2018-7 s 7\nrenum as s 9 R18 LA (see A2018-7 s 61)\nDelegate for lakes\ns 10 hdg orig s 10 hdg\nsub A2004-15 amdt 2.102\ns 10 orig s 10\nam Ord1987-49 sch; A1991-89 sch\nsub A1994-81 sch; A2002-49 amdt 3.62\nam A2004-15 amdt 2.103, amdt 2.104\nsub A2005-54 amdt 1.183\npres s 10\n(prev s 6) sub Cwlth Act 1981 No 74 s 43\nsub A1994-97 sch pt 1; A2002-49 amdt 3.61\nrenum as s 10 R18 LA (see A2018-7 s 61)\nAlterations in flow and water level\ns 11 hdg (prev s 13 hdg) sub A2002-49 amdt 3.63\ns 11 orig s 11\nam Ord1989-38\nom A1998-63 s 82\npres s 11\n(prev s 13) am A1998-63 s 82; A2002-46 s 4; A2002-49\namdt 3.64; A2011-3 amdt 2.268\nrenum as s 11 R18 LA (see A2018-7 s 61)\n\nCompensation for damage\ns 12 orig s 12\nam Ord1987-49 sch; A1991-89 sch; A1994-81 sch\nom A1998-63 s 82\npres s 12\n(prev s 14) am Ord1989-38 sch 1; A2011-3 amdt 3.268,\namdt 3.269; A2018-7 s 9\nrenum as s 12 R18 LA (see A2018-7 s 61)\nGeneral\npt 4 div 1 hdg om A1995-46 sch\nProvisions relating to particular lakes\npt 4 div 2 hdg om A1995-46 sch\nMeaning of operate—pt 4\ns 13 orig s 13\nrenum as s 11\npres s 13\n(prev s 14A) ins A2018-7 s 10\nrenum as s 13 R18 LA (see A2018-7 s 61)\nErection of signs\ns 14 orig s 14\nrenum as s 12\npres s 14\n(prev s 15) am A1991-89 sch; A2000-86 s 158; A2002-49\namdt 3.65; pars renum R9 LA\nrenum as s 14 R18 LA (see A2018-7 s 61)\nMeaning of operate—pt 4\ns 14A renum as s 13\nGeneral restrictions on boats\ns 15 hdg (prev s 16 hdg) sub A2002-49 amdt 3.66\ns 15 orig s 15\nrenum as s 14\npres s 15\n(prev s 16) am Ord1987-49 sch; A1994-81 sch\nrenum as s 15 R18 LA (see A2018-7 s 61)\nRestrictions on bathing, swimming and diving\ns 16 hdg (prev s 17 hdg) sub A2002-49 amdt 3.67\ns 16 orig s 16\nrenum as s 15\npres s 16\n(prev s 17) am Ord1987-49 s 4; A1994-81 sch\nrenum as s 16 R18 LA (see A2018-7 s 61)\n\nInterference etc with signs\ns 17 orig s 17\nrenum as s 16\npres s 17\n(prev s 18) am Ord1987-49 sch; A1991-89 sch; A1994-81 sch\nrenum as s 17 R18 LA (see A2018-7 s 61)\nApproved buoys, wharves and jetties\ns 18 orig s 18\nrenum as s 17\npres s 18\n(prev s 19) am Ord1983-31 s 6; Ord1987-49 sch; A1991-89\nsch; A1994-81 sch; A2001-44 amdt 1.2311, amdt 1.2312;\nA2005-54 amdt 1.185\nrenum as s 18 R18 LA (see A2018-7 s 61)\nam A2021-12 amdt 3.65, amdt 3.66; A2025-29 amdt 4.104\nRestrictions on mooring\ns 19 orig s 19\nrenum as s 18\npres s 19\n(prev s 20) am Ord1987-49 sch; A1994-81 sch\nsub A2005-54 amdt 1.186\nrenum as s 19 R18 La (see A2018-7 s 61)\nSpeed limits\ns 20 orig s 20\nrenum as s 19\npres s 20\n(prev s 20A) ins A2018-7 s 11\nrenum as s 20 R18 LA (see A2018-7 s 61)\nSpeed limits\ns 20A renum as s 20\nRestrictions on kinds of boats\ns 20B renum as s 21\nRestrictions on kinds of boats\ns 21 orig s 21\nrenum as s 22\npres s 21\n(prev s 20B) ins A2018-7 s 11\nrenum as s 21 R19 LA (see A2018-7 s 61)\n\nProhibition of use of lake area or parts of lake\ns 22 orig s 22\nrenum as s 23\npres s 22\n(prev s 21) am Ord1987-49 sch; Ord1989-39 sch; A1991-89\nsch; A1994-26 sch; A1994-81 sch; A1994-97 sch pt 1;\nA2002-49 amdt 3.68, amdt 3.69; A2005-54 amdt 1.187;\nA2011-3 amdt 3.270; A2015-33 amdt 1.123; ss renum\nR15 LA\nrenum as s 22 R18 LA (see A2018-7 s 61)\nam A2021-12 amdt 3.66; A2025-29 amdt 4.104\nAccess to leased or occupied land\ns 22A renum as s 23 and then s 24\nClosing of parts of lake for certain events\ns 23 orig s 23\nam Ord1987-49 sch; Ord1989-39 sch; A1991-89 sch;\nA1994-26 sch; A1994-81 sch; A1994-97 sch pt 1\nom A2002-49 amdt 3.72\nprev s 23\n(prev s 22A) renum as s 23 R7 LA\nrenum as s 24 R18 LA\npres s 23\n(prev s 22) am A1991-89 sch\nsub A2002-49 amdt 3.70\nam A2005-54 amdt 1.188; A2009-20 amdt 3.105; A2015-33\namdt 1.124; ss renum R15 LA; A2017-4 amdt 3.70\nrenum as s 23 R18 LA (see A2018-7 s 61)\nAccess to leased or occupied land\ns 24 orig s 24\nrenum as s 25\npres s 24\n(prev s 22A) ins Ord1978-4 s 5\nam Ord1989-38 sch 1\nrenum as s 23 R7 LA (see A2002-49 amdt 3.71)\nam A2011-3 amdt 3.270; A2017-4 amdt 3.71\nrenum as s 24 R18 LA (see A2018-7 s 61)\nAnchoring boats at night\ns 25 orig s 25\nrenum as s 26\npres s 25\n(prev s 24) am Ord1987-49 sch; A1991-89 sch; A1994-81 sch;\nA2002-49 amdt 3.73\nsub A2005-54 amdt 1.189\nrenum as s 25 R18 LA (see A2018-7 s 61)\n\nUse of power boats—interstate licence holders\ns 25A renum as s 27\nPower boats operated under 10 knots\ns 25B renum as s 28\nMooring of boats\ns 26 orig s 26\nrenum as s 29\npres s 26\n(prev s 25) am Ord1978-4 s 6; Ord1987-49 sch; A1994-81\nsch; A2001-44 amdts 1.2313-1.2316\nsub A2005-54 amdt 1.190\nrenum as s 26 R18 LA (see A2018-7 s 61)\nam A2021-12 amdt 3.67; A2025-29 amdt 4.104\nUse of power boats—interstate licence holders\ns 27 orig s 27\nrenum as s 30\npres s 27\n(prev s 25A) ins A2002-46 s 5\nam A2011-3 amdt 3.271; A2018-7 s 12\nrenum as s 27 R18 LA (see A2018-7 s 61)\nam A2023-36 amdt 1.188; A2025-29 amdt 4.104\nPower boats operated under 10 knots\ns 28 orig s 28\nam Ord1983-31 s 7\nom A1991-89 s 4\npres s 28\n(prev s 25B) ins A2018-7 s 13\nrenum as s 28 R18 LA (see A2018-7 s 61)\nam A2023-36 amdt 1.188; A2025-29 amdt 4.104\nUse of power boats—other people\ns 29 hdg (prev s 26 hdg) sub A2002-46 s 6\ns 29 orig s 29\nrenum as s 31\npres s 29\n(prev s 26) am Ord1987-49 s 5; A1991-89 s 3 and sch;\nA2001-44 amdt 1.2317, amdt 1.2318; A2002-49 amdt 3.74;\nA2018-7 ss 14-16; ss, pars renum R18 LA\nrenum as s 29 R18 LA (see A2018-7 s 61)\nam A2021-12 amdt 3.68; A2025-28 s 23; A2025-29\namdt 4.104\n\nRestrictions—power boats\ns 30 orig s 30\nrenum as s 32\npres s 30\n(prev s 27) am Ord1987-49 sch; Ord1988-67 s 2; Ord1989-38\nsch 1; Ord1989-39 sch; A1991-89 sch; A1994-26 sch;\nA1994-81 sch; A1994-97 sch pt 1; A2002-46 s 7; A2002-49\namdt 3.75; ss renum R7 LA (see A2002-49 amdt 3.76)\nsub A2005-54 amdt 1.191; A2018-7 s 17\nam A2018-7 s 18\nrenum as s 30 R18 LA (see A2018-7 s 61)\nam A2025-28 s 24\nRestriction on use of hovercraft\ns 31 orig s 31\nrenum as s 33\npres s 31\n(prev s 29) am Ord1983-31 s 8; Ord1987-49 sch; A1991-89\nsch; A1994-81 sch; A2001-44 amdt 1.2319, amdt 1.2320;\nA2005-54 amdt 1.192\nrenum as s 31 R18 LA (see A2018-7 s 61)\nam A2021-12 amdt 3.69; A2025-29 amdt 4.104\nRemoval of vehicles and boats from a lake etc\ns 32 orig s 32\nrenum as s 34\npres s 32\n(prev s 30) am Ord1989-38 sch 1; A1991-89 sch; A1994-97\nsch pt 1; A2002-49 amdt 3.77\nrenum as s 32 R18 LA (see A2018-7 s 61)\nam A2021-12 amdts 3.70-3.72\nHouseboats prohibited\ns 33 orig s 33\nom Ord1985-15 s 2\nprev s 33\nrenum as s 35\npres s 33\n(prev s 31) am Ord1987-49 sch; A1994-81 sch\nsub A2005-54 amdt 1.193\nrenum as s 33 R18 LA (see A2018-7 s 61)\nCamping and caravanning\ns 34 orig s 34\nrenum as s 36\npres s 34\n(prev s 32) am Ord1987-49 sch; A1994-81 sch\nsub A2002-49 amdt 3.78; A2005-54 amdt 1.194\nrenum as s 34 R18 LA (see A2018-7 s 61)\n\nAgreements for use of lake areas\ns 35 orig s 35\nrenum as s 37\npres s 35\n(prev s 33) ins Ord1987-49 s 6\nam Ord1989-38 sch 1\nsub A2018-7 s 19\nam A2018-7 s 20\nrenum as s 35 R18 LA (see A2018-7 s 61)\nam A2025-28 s 25\nCommercial activities in lake area\ns 36 orig s 36\nam Ord1987-49 sch\nom A1991-89 s 4\nprev s 36\nrenum as s 38\npres s 36\n(prev s 34) am Ord1983-31 s 9\nsub Ord1987-49 s 6\nam Ord1989-39 sch; A1994-81 sch\nsub A2005-54 amdt 1.195\nam A2018-7 s 21\nrenum as s 36 R18 LA (see A2018-7 s 61)\nam A2025-28 s 26\nPower to charge for admission\ns 37 orig s 37\nrenum as s 39\npres s 37\n(prev s 35) am Cwlth Act 1981 No 74 s 44; Ord1983-31 s 10;\nA1991-89 sch; A1994-97 sch pt 1; A2002-49 amdt 3.79,\namdt 3.80\nrenum as s 37 R18 LA (see A2018-7 s 61)\nam A2021-12 amdt 3.73\nSafety\npt 5 hdg sub A2018-7 s 22\nSafe operation of boats\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum R4 LA\n\nOperating unsafe boats\ns 38 orig s 38\nrenum as s 40\npres s 38\n(prev s 36) ins A2005-54 amdt 1.196\nrenum as s 38 R18 LA (see A2018-7 s 61)\nReckless or negligent operation of boats\ns 39 orig s 39\nrenum as s 41\npres s 39\n(prev s 37) am A1998-54 sch\nsub A2002-49 amdt 3.81; A2005-54 amdt 1.197; A2018-7 s 23\nrenum as s 39 R18 LA (see A2018-7 s 61)\nLights to be carried by sailing vessels\ns 39A ins A1991-89 s 6\nam A2002-49 amdt 3.85\nom A2018-7 s 23\nClimbing onto boats\ns 40 orig s 40\nrenum as s 42\npres s 40\n(prev s 38) am A1991-89 s 5; A2002-49 amdt 3.82, amdt 3.83\nrenum as s 40 R18 LA (see A2018-7 s 61)\nLifejackets\ndiv 5.2 hdg (prev pt 5 div 2 hdg) renum R4 LA\nMeaning of appropriate lifejacket—div 5.2\ns 41 orig s 41\nrenum as s 43\npres s 41\n(prev s 39) sub A1991-89 s 6; A2002-49 amdt 3.84; A2018-7\ns 23\nrenum as s 41 R18 LA (see A2018-7 s 61)\nam A2025-28 s 27, s 28\nChildren under 12 years\ns 42 orig s 42\nrenum as s 44\npres s 42\n(prev s 40) am Ord1987-49 s 7; A1994-81 sch\nsub A2002-49 amdt 3.86; A2005-54 amdt 1.198; A2018-7 s 23\nrenum as s 42 R18 LA (see A2018-7 s 61)\n\nRecreational boats under 4.8m and off-the-shore boats\ns 43 orig s 43\nrenum as s 45\npres s 43\n(prev s 41) am A2011-3 amdt 3.272\nrenum as s 43 R18 LA (see A2018-7 s 61)\nWater skiing and other recreational activities\ns 43A renum as s 46\nDirections by master to wear lifejackets\ns 44 orig s 44\nrenum as s 47\npres s 44\n(prev s 42) am A2002-49 amdt 3.87; A2011-3 amdt 3.272\nrenum as s 44 R18 LA (see A2018-7 s 61)\nFailure to wear lifejackets—defence\ns 45 orig s 45\nrenum as s 48\npres s 45\n(prev s 43) am A2002-49 amdt 3.87; A2011-3 amdt 3.272\nrenum as s 45 R18 LA (see A2018-7 s 61)\nWater skiing and other recreational activities\ns 46 orig s 46\nrenum as s 49\npres s 46\n(prev s 43A) ins A2018-7 s 23\nrenum as s 46 R18 LA (see A2018-7 s 61)\nOwners to ensure lifejackets available\ns 47 orig s 47\nrenum as s 50\npres s 47\n(prev s 44) am A2002-49 amdt 3.87; A2011-3 amdt 3.272\nrenum as s 47 R18 LA (see A2018-7 s 61)\nOwners and operators to ensure safety equipment available\ns 47A renum as s 51\nOwners and operators to provide information about safety equipment\ns 47B renum as s 52\nClosing lake areas or parts of lake\ns 47C renum as s 53\n\nSafe use of lake areas\ns 47D renum as s 54\nPassengers on domestic commercial vessels\ns 47E renum as s 55\nLighting and marking obstructions\ns 47F renum as s 56\nNotices to remove obstructions\ns 47G renum as s 57\nRemoving obstructions\ns 47H renum as s 58\nDisposing of obstructions\ns 47I renum as s 59\nOwners and operators to provide information about life jackets\ns 48 hdg orig s 48 hdg\nsub A2002-49 amdt 3.90\ns 48 orig s 48\nam Ord1987-49 sch; A1994-81 sch; A2002-49 amdt 3.91\nsub A2005-54 amdt 1.199\nom A2018-7 s 25\npres s 48\n(prev s 45) am A2002-49 amdt 3.88; A2011-3 amdt 3.272\nrenum as s 48 R18 LA (see A2018-7 s 61)\nOther safety equipment\ndiv 5.2A hdg renum as div 5.3 hdg\nSafety directions\ndiv 5.2B hdg renum as div 5.4 hdg\nLighting, marking and removing obstructions\ndiv 5.2C hdg renum as div 5.5 hdg\nOther safety equipment\ndiv 5.3 hdg orig div 5.3 hdg\n(prev pt 5 div 3 hdg) renum R4 LA\nom A2018-7 s 24\npres div 5.3 hdg\n(prev div 5.2A hdg) ins A2018-7 s 23\nrenum as div 5.3 hdg R18 LA (see A2018-7 s 61)\n\nApplication—div 5.3\ns 49 orig s 49\nam Ord1987-49 sch; A1994-81 sch\nsub A2005-54 amdt 1.200\nom A2018-7 s 25\npres s 49\n(prev s 46) am A2011-3 amdt 3.272\nrenum as s 49 R18 LA (see A2018-7 s 61)\nDefinitions—div 5.3\ns 50 orig s 50\nam Ord1987-49 s 8; A1991-89 sch; A1994-81 sch; A2002-49\namdt 3.92; A2005-54 amdt 1.201, amdt 1.202; A2011-3\namdt 3.273, amdt 3.274\nom A2018-7 s 26\npres s 50\n(prev s 47) am A2002-49 amdt 3.89\nrenum as s 50 R18 LA (see A2018-7 s 61)\ndef recreational boat ins A2018-7 s 23\ndef required safety equipment ins A2018-7 s 23\ndef required standards ins A2018-7 s 23\nDefinitions—pt 5A\ns 50A renum as s 60\nPeople under 18 years old\ns 50B renum as s 61\nSpecial level of alcohol\ns 50C renum as s 62\nLow level of alcohol\ns 50D renum as s 63\nMedium level of alcohol\ns 50E renum as s 64\nHigh level of alcohol\ns 50F renum as s 65\nUnder the influence of alcohol or drugs\ns 50G renum as s 66\nDrugs\ns 50H renum as s 67\nEvidence of alcohol levels\ns 50I renum as s 68\n\nAlternative verdicts—medium level of alcohol\ns 50J renum as s 69\nAlternative verdicts—high level of alcohol\ns 50K renum as s 70\nAlternative verdicts—high, medium and low levels of alcohol\ns 50L renum as s 71\nDefence—special level of alcohol\ns 50M renum as s 72\nApplication of Road Transport (Alcohol and Drugs) Act 1977\ns 50N renum as s 73\nObligation to stop\ns 50O renum as s 74\nObligation to give assistance\ns 50P renum as s 75\nObligation to produce licence and give particulars\ns 50Q renum as s 76\nObligation to report boating accidents to the Minister\ns 50R renum as s 77\nObligation to preserve evidence\ns 50S renum as s 78\ns 50T renum as s 79\nAppointment of safety investigators and powers\ns 50U renum as s 80\nPeople assisting safety investigators\ns 50V renum as s 81\nConduct of safety investigations\ns 50W renum as s 82\nPeople to give information, produce documents or answer questions\ns 50X renum as s 83\nSafety investigation reports\ns 50Y renum as s 84\nActions by Minister following safety investigations\ns 50Z renum as s 85\nPublic release of safety investigation reports and recommendations\ns 50ZA renum as s 86\n\nProtection from liability\ns 50ZB renum as s 87\nDefinitions—pt 5D\ns 50ZC renum as s 88\ns 50ZD renum as s 89\nIdentity cards\ns 50ZE renum as s 90\nPowers not to be exercised before identity card shown\ns 50ZF renum as s 91\nPeople assisting inspectors\ns 50ZG renum as s 92\nEntering places of inspection and boats in lake areas\ns 50ZH renum as s 93\nProducing identity cards\ns 50ZI renum as s 94\nConsent to entry\ns 50ZJ renum as s 95\nWarrants\ns 50ZK renum as s 96\nWarrants—application made other than in person\ns 50ZL renum as s 97\nGeneral powers on entry\ns 50ZM renum as s 98\nPower to seize evidence\ns 50ZN renum as s 99\nFacilitating boarding of boats\ns 50ZO renum as s 100\nDirecting boats after boarding\ns 50ZP renum as s 101\nRequiring information after entry\ns 50ZQ renum as s 102\nMasters to answer questions\ns 50ZR renum as s 103\nMasters to produce records\ns 50ZS renum as s 104\n\nPeople to provide information about owners or masters of boats\ns 50ZT renum as s 105\nBoat licences\ns 50ZU renum as s 106\nReceipts for things seized\ns 50ZV renum as s 107\nAccess to things seized\ns 50ZW renum as s 108\nReturn of things seized\ns 50ZX renum as s 109\nDisposal of things seized\ns 50ZY renum as s 110\nInspectors may detain boats\ns 50ZZ renum as s 111\nTerritory to pay costs of detention\ns 50ZZA renum as s 112\nOwner to pay costs of detention\ns 50ZZB renum as s 113\nOwners and operators to ensure safety equipment available\ns 51 orig s 51\nrenum as s 114\npres s 51\n(prev s 47A) ins A2018-7 s 23\nrenum as s 51 R18 LA (see A2018-7 s 61)\nReviewable decision notices\ns 51AA renum as s 115\nApplications for review\ns 51AB renum as s 116\nActs and omissions of representatives\ns 51A renum as s 117\nOwners and operators to provide information about safety equipment\ns 52 orig s 52\nrenum as s 118\npres s 52\n(prev s 47B) ins A2018-7 s 23\nrenum as s 52 R18 LA (see A2018-7 s 61)\nSafety directions\ndiv 5.4 hdg (prev div 5.2B hdg) ins A2018-7 s 23\nrenum as div 5.4 hdg R18 LA (see A2018-7 s 61)\n\nClosing lake areas or parts of lake\ns 53 orig s 53\nom A2005-54 amdt 1.203\nprev s 53\nrenum as s 119\npres s 53\n(prev s 47C) ins A2018-7 s 23\nrenum as s 53 R18 LA (see A2018-7 s 61)\nSafe use of lake areas\ns 54 orig s 54\nrenum as s 120\npres s 54\n(prev s 47D) ins A2018-7 s 23\nrenum as s 54 R18 LA (see A2018-7 s 61)\nPassengers on domestic commercial vessels\ns 55 orig s 55\nrenum as s 121\npres s 55\n(prev s 47E) ins A2018-7 s 23\nrenum as s 55 R18 LA (see A2018-7 s 61)\nLighting, marking and removing obstructions\ndiv 5.5 hdg (prev div 5.2C hdg) ins A2018-7 s 23\nrenum as div 5.5 hdg R18 LA (see A2018-7 s 61)\nLighting and marking obstructions\ns 56 orig s 56\nrenum as s 122\npres s 56\n(prev s 47F) ins A2018-7 s 23\nrenum as s 56 R18 LA (see A2018-7 s 61)\nNotices to remove obstructions\ns 57 orig s 57\nrenum as s 123\npres s 57\n(prev s 47G) ins A2018-7 s 23\nrenum as s 57 R18 LA (see A2018-7 s 61)\nRemoving obstructions\ns 58 orig s 58\nrenum as s 124\npres s 58\n(prev s 47H) ins A2018-7 s 23\nrenum as s 58 R18 LA (see A2018-7 s 61)\n\nDisposing of obstructions\ns 59 orig s 59\nrenum as s 125\npres s 59\n(prev s 47I) ins A2018-7 s 23\nrenum as s 59 R18 LA (see A2018-7 s 61)\nDrug and alcohol offences\npt 5A hdg renum as pt 6 hdg\nBoating accidents\npt 5B hdg renum as pt 7 hdg\npt 5C hdg renum as pt 8 hdg\nEnforcement\npt 5D hdg renum as pt 9 hdg\nDefinitions—pt 5D\ndiv 5D.1 hdg renum as div 9.1 hdg\ndiv 5D.2 hdg renum as div 9.2 hdg\nEntry and inspection\ndiv 5D.3 hdg renum as div 9.3 hdg\nBoarding of boats\ndiv 5D.4 hdg renum as div 9.4 hdg\nGathering information\ndiv 5D.5 hdg renum as div 9.5 hdg\nDealing with things seized\ndiv 5D.6 hdg renum as div 9.6 hdg\nDetaining boats\ndiv 5D.7 hdg renum as div 9.7 hdg\nDrug and alcohol offences\npt 6 hdg orig pt 6 hdg\nrenum as pt 10 hdg\npres pt 6 hdg\n(prev pt 5A hdg) ins A2018-7 s 27\nrenum as pt 6 hdg R18 LA (see A2018-7 s 61)\n\nDefinitions—pt 6\ns 60 (prev s 50A) ins A2018-7 s 27\nrenum as s 60 R18 LA (see A2018-7 s 61)\ndef high level ins A2018-7 s 27\ndef low level ins A2018-7 s 27\ndef medium level ins A2018-7 s 27\ndef relevant period ins A2018-7 s 27\ndef special level ins A2018-7 s 27\nPeople under 18 years old\ns 61 (prev s 50B) ins A2018-7 s 27\nrenum as s 61 R18 LA (see A2018-7 s 61)\nSpecial level of alcohol\ns 62 (prev s 50C) ins A2018-7 s 27\nrenum as s 62 R18 LA (see A2018-7 s 61)\nLow level of alcohol\ns 63 (prev s 50D) ins A2018-7 s 27\nrenum as s 63 R18 LA (see A2018-7 s 61)\nMedium level of alcohol\ns 64 (prev s 50E) ins A2018-7 s 27\nrenum as s 64 R18 LA (see A2018-7 s 61)\nHigh level of alcohol\ns 65 (prev s 50F) ins A2018-7 s 27\nrenum as s 65 R18 LA (see A2018-7 s 61)\nUnder the influence of alcohol or drugs\ns 66 (prev s 50G) ins A2018-7 s 27\nrenum as s 66 R18 LA (see A2018-7 s 61)\nDrugs\ns 67 (prev s 50H) ins A2018-7 s 27\nrenum as s 67 R18 LA (see A2018-7 s 61)\nEvidence of alcohol levels\ns 68 (prev s 50I) ins A2018-7 s 27\nrenum as s 68 R18 LA (see A2018-7 s 61)\nAlternative verdicts—medium level of alcohol\ns 69 (prev s 50J) ins A2018-7 s 27\nrenum as s 69 R18 LA (see A2018-7 s 61)\nAlternative verdicts—high level of alcohol\ns 70 (prev s 50K) ins A2018-7 s 27\nrenum as s 70 R18 LA (see A2018-7 s 61)\nAlternative verdicts—high, medium and low levels of alcohol\ns 71 (prev s 50L) ins A2018-7 s 27\nrenum as s 71 R18 LA (see A2018-7 s 61)\n\nDefence—special level of alcohol\ns 72 (prev s 50M) ins A2018-7 s 27\nrenum as s 72 R18 LA (see A2018-7 s 61)\nApplication of Road Transport (Alcohol and Drugs) Act 1977\ns 73 (prev s 50N) ins A2018-7 s 27\nrenum as s 73 R18 LA (see A2018-7 s 61)\nam A2024-20 amdt 1.1\nBoating accidents\npt 7 hdg orig pt 7 hdg\nrenum as pt 11 hdg\npres pt 7 hdg\n(prev pt 5B hdg) ins A2018-7 s 28\nrenum as pt 7 hdg R18 LA (see A2018-7 s 61)\nObligation to stop\ns 74 (prev s 50O) ins A2018-7 s 28\nrenum as s 74 R18 LA (see A2018-7 s 61)\nObligation to give assistance\ns 75 (prev s 50P) ins A2018-7 s 28\nrenum as s 75 R18 LA (see A2018-7 s 61)\nObligation to produce licence and give particulars\ns 76 (prev s 50Q) ins A2018-7 s 28\nrenum as s 76 R18 LA (see A2018-7 s 61)\nObligation to report boating accidents to the Minister\ns 77 (prev s 50R) ins A2018-7 s 28\nrenum as s 77 R18 LA (see A2018-7 s 61)\nObligation to preserve evidence\ns 78 (prev s 50S) ins A2018-7 s 28\nrenum as s 78 R18 LA (see A2018-7 s 61)\npt 8 hdg (prev pt 5C hdg) ins A2018-7 s 28\nrenum as s pt 8 hdg R18 LA (see A2018-7 s 61)\ns 79 (prev s 50T) ins A2018-7 s 28\nrenum as s 79 R18 LA (see A2018-7 s 61)\nam A2019-42 amdt 3.23\nAppointment of safety investigators and powers\ns 80 (prev s 50U) ins A2018-7 s 28\nrenum as s 80 R18 LA (see A2018-7 s 61)\nPeople assisting safety investigators\ns 81 (prev s 50V) ins A2018-7 s 28\nrenum as s 81 R18 LA (see A2018-7 s 61)\n\nConduct of safety investigations\ns 82 (prev s 50W) ins A2018-7 s 28\nrenum as s 82 R18 LA (see A2018-7 s 61)\nPeople to give information, produce documents or answer questions\ns 83 (prev s 50X) ins A2018-7 s 28\nrenum as s 83 R18 LA (see A2018-7 s 61)\nSafety investigation reports\ns 84 (prev s 50Y) ins A2018-7 s 28\nrenum as s 84 R18 LA (see A2018-7 s 61)\nActions by Minister following safety investigations\ns 85 (prev s 50Z) ins A2018-7 s 28\nrenum as s 85 R18 LA (see A2018-7 s 61)\nPublic release of safety investigation reports and recommendations\ns 86 (prev s 50ZA) ins A2018-7 s 28\nrenum as s 86 R18 LA (see A2018-7 s 61)\nProtection from liability\ns 87 (prev s 50ZB) ins A2018-7 s 28\nrenum as s 87 R18 LA (see A2018-7 s 61)\nEnforcement\npt 9 hdg (prev pt 5D hdg) ins A2018-7 s 28\nrenum as pt 9 hdg R18 LA (see A2018-7 s 61)\nDefinitions—pt 9\ndiv 9.1 hdg (prev div 5D.1 hdg) ins A2018-7 s 28\nrenum as div 9.1 hdg R18 LA (see A2018-7 s 61)\nDefinitions—pt 9\ns 88 (prev s 50ZC) ins A2018-7 s 28\nrenum as s 88 R18 LA (see A2018-7 s 61)\ndef enter ins A2018-7 s 28\ndef place of inspection ins A2018-7 s 28\ndiv 9.2 hdg (prev div 5D.2 hdg) ins A2018-7 s 28\nrenum as div 9.2 hdg R18 LA (see A2018-7 s 61)\ns 89 (prev s 50ZD) ins A2018-7 s 28\nrenum as s 89 R18 LA (see A2018-7 s 61)\nIdentity cards\ns 90 (prev s 50ZE) ins A2018-7 s 28\nrenum as s 90 R18 LA (see A2018-7 s 61)\n\nPowers not to be exercised before identity card shown\ns 91 (prev s 50ZF) ins A2018-7 s 28\nrenum as s 91 R18 LA (see A2018-7 s 61)\nPeople assisting inspectors\ns 92 (prev s 50ZG) ins A2018-7 s 28\nrenum as s 92 R18 LA (see A2018-7 s 61)\nEntry and inspection\ndiv 9.3 hdg (prev div 5D.3 hdg) ins A2018-7 s 28\nrenum as div 9.3 hdg R18 LA (see A2018-7 s 61)\nEntering places of inspection and boats in lake areas\ns 93 (prev s 50ZH) ins A2018-7 s 28\nrenum as s 93 R18 LA (see A2018-7 s 61)\nProducing identity cards\ns 94 (prev s 50ZI) ins A2018-7 s 28\nrenum as s 94 R18 LA (see A2018-7 s 61)\nConsent to entry\ns 95 (prev s 50ZJ) ins A2018-7 s 28\nrenum as s 95 R18 LA (see A2018-7 s 61)\nWarrants\ns 96 (prev s 50ZK) ins A2018-7 s 28\nrenum as s 96 R18 LA (see A2018-7 s 61)\nWarrants—application made other than in person\ns 97 (prev s 50ZL) ins A2018-7 s 28\nrenum as s 97 R18 LA (see A2018-7 s 61)\nGeneral powers on entry\ns 98 (prev s 50ZM) ins A2018-7 s 28\nrenum as s 98 R18 LA (see A2018-7 s 61)\nPower to seize evidence\ns 99 (prev s 50ZN) ins A2018-7 s 28\nrenum as s 99 R18 LA (see A2018-7 s 61)\nBoarding of boats\ndiv 9.4 hdg (prev div 5D.4 hdg) ins A2018-7 s 28\nrenum as div 9.4 hdg R18 LA (see A2018-7 s 61)\nFacilitating boarding of boats\ns 100 (prev s 50ZO) ins A2018-7 s 28\nrenum as s 100 R18 LA (see A2018-7 s 61)\nDirecting boats after boarding\ns 101 (prev s 50ZP) ins A2018-7 s 28\nrenum as s 101 R18 LA (see A2018-7 s 61)\n\nRequiring information after entry\ns 102 (prev s 50ZQ) ins A2018-7 s 28\nrenum as s 102 R18 LA (see A2018-7 s 61)\nGathering information\ndiv 9.5 hdg (prev div 5D.5 hdg) ins A2018-7 s 28\nrenum as div 9.5 hdg R18 LA (see A2018-7 s 61)\nMasters to answer questions\ns 103 (prev s 50ZR) ins A2018-7 s 28\nrenum as s 103 R18 LA (see A2018-7 s 61)\nMasters to produce records\ns 104 (prev s 50ZS) ins A2018-7 s 28\nrenum as s 104 R18 LA (see A2018-7 s 61)\nPeople to provide information about owners or masters of boats\ns 105 (prev s 50ZT) ins A2018-7 s 28\nrenum as s 105 R18 LA (see A2018-7 s 61)\nBoat licences\ns 106 (prev s 50ZU) ins A2018-7 s 28\nrenum as s 106 R18 LA (see A2018-7 s 61)\nDealing with things seized\ndiv 9.6 hdg (prev div 5D.6 hdg) ins A2018-7 s 28\nrenum as div 9.6 hdg R18 LA (see A2018-7 s 61)\nReceipts for things seized\ns 107 (prev s 50ZV) ins A2018-7 s 28\nrenum as s 107 R18 LA (see A2018-7 s 61)\nAccess to things seized\ns 108 (prev s 50ZW) ins A2018-7 s 28\nrenum as s 108 R18 LA (see A2018-7 s 61)\nReturn of things seized\ns 109 (prev s 50ZX) ins A2018-7 s 28\nrenum as s 109 R18 LA (see A2018-7 s 61)\nDisposal of things seized\ns 110 (prev s 50ZY) ins A2018-7 s 28\nrenum as s 110 R18 LA (see A2018-7 s 61)\nDetaining boats\ndiv 9.7 hdg (prev div 5D.7 hdg) ins A2018-7 s 28\nrenum as div 9.7 hdg R18 LA (see A2018-7 s 61)\nInspectors may detain boats\ns 111 (prev s 50ZZ) ins A2018-7 s 28\nrenum as s 111 R18 LA (see A2018-7 s 61)\n\nTerritory to pay costs of detention\ns 112 (prev s 50ZZA) ins A2018-7 s 28\nrenum as s 112 R18 LA (see A2018-7 s 61)\nOwner to pay costs of detention\ns 113 (prev s 50ZZB) ins A2018-7 s 28\nrenum as s 113 R18 LA (see A2018-7 s 61)\nNotification and review of decisions\npt 10 hdg (prev pt 6 hdg) sub A2008-37 amdt 1.260\nrenum as pt 10 hdg R18 LA (see A2018-7 s 61)\nMeaning of reviewable decision—pt 10\ns 114 hdg (prev s 51 hdg) sub A2002-49 amdt 3.93\ns 114 (prev s 51) am Ord1987-49 s 9; Ord1989-38 sch 1; A1991-89\ns 7; 1994 No 60 sch 1\nsub A2008-37 amdt 1.260\nrenum as s 114 R18 LA (see A2018-7 s 61)\nReviewable decision notices\ns 115 (prev s 51AA) ins A2008-37 amdt 1.260\nrenum as s 115 R18 LA (see A2018-7 s 61)\nApplications for review\ns 116 (prev s 51AB) ins A2008-37 amdt 1.260\nrenum as s 116 R18 LA (see A2018-7 s 61)\nMiscellaneous\npt 11 hdg (prev pt 7 hdg) ins A2008-37 amdt 1.260\nrenum as pt 11 hdg R18 LA (see A2018-7 s 61)\nActs and omissions of representatives\ns 117 (prev s 51A) ins Ord1987-49 s 10\nsub A2002-49 amdt 3.94; A2004-15 amdt 1.30\nrenum as s 117 R18 LA (see A2018-7 s 61)\nEvidence\ns 118 (prev s 52) am A2018-7 s 29\nrenum as s 118 R18 LA (see A2018-7 s 61)\nPrivileges against self-incrimination and exposure to civil penalty\ns 119 (prev s 53) ins A2018-7 s 30\nrenum as s 119 R18 LA (see A2018-7 s 61)\n\nDetermination of fees\ns 120 (prev s 54) am Ord1983-31 s 11; Ord1989-38 sch 1; A1994-81\nsch; A1995-46 sch\nsub A2001-44 amdt 1.2321\nam A2011-3 amdt 3.275\nrenum as s 120 R18 LA (see A2018-7 s 61)\nApproved forms\ns 121 (prev s 55) ins A2001-44 amdt 1.2321\nam A2002-49 amdt 3.95; A2011-3 amdt 3.275\nrenum as s 121 R18 LA (see A2018-7 s 61)\nom A2021-12 amdt 3.74\nRegulation-making power\ns 122 (prev s 56) ins A2001-44 amdt 1.2321\nam A2018-7 s 31\nrenum as s 122 R18 LA (see A2018-7 s 61)\nExemptions by Minister\ns 123 (prev s 57) ins A2018-7 s 32\nrenum as s 123 R18 LA (see A2018-7 s 61)\nBreaching conditions of exemptions\ns 124 (prev s 58) ins A2018-7 s 32\nam A2018-42 amdt 3.68, amdt 3.69\nrenum as s 124 R18 LA (see A2018-7 s 61)\nCompensation—acquisition of property\ns 125 (prev s 59) ins A2018-7 s 32\nrenum as s 125 R18 LA (see A2018-7 s 61)\nReviewable decisions\nsch 1 hdg (prev sch 1 hdg) sub A2005-54 amdt 1.204\nsch 1 orig sch 1\nam Ord1978-4 s 7\nom A2001-44 amdt 1.2322\nprev sch 1\n(prev sch 2) am A1993-64 sch 1\nrenum as sch 1 A2001-44 amdt 1.2323\nom A2013-40 s 7\npres sch 1\n(prev sch 2) ins A2008-37 amdt 1.261\nrenum as sch 1 R18 LA (see A2018-7 s 61)\n\nKingston Harbour\nsch 2 orig sch 2\nrenum as sch 1\nprev sch 2\nrenum as sch 1\npres sch 2\n(prev sch 3) ins A2018-7 s 33\nrenum as sch 2 R18 LA (see A2018-7 s 61)\nMolonglo Reach\nsch 3 orig sch 3\nrenum as sch 2\npres sch 3\n(prev sch 4) ins A2018-7 s 34\nrenum as sch 3 R18 LA (see A2018-7 s 61)\nMolonglo Reach\nsch 4 renum as sch 3\ndict ins A2002-49 amdt 3.96\nam A2008-37 amdt 1.262; A2009-20 amdt 3.106; A2011-22\namdt 1.269; A2015-33 amdt 1.125; A2016-52 amdt 110;\nA2017-4 amdt 3.72; A2018-7 s 35; A2025-28 s 29\ndef appropriate lifejacket ins A2018-7 s 36\ndef associated work ins A2002-49 amdt 3.96\ndef boat ins A2002-49 amdt 3.96\ndef boating accident ins A2018-7 s 36\ndef commercial activities ins A2002-49 amdt 3.96\ndef Commonwealth Minister ins A2018-7 s 37\nam A2025-28 s 30\ndef dairy bridge ins A2002-49 amdt 3.96\nom A2009-20 amdt 3.107\ndef delegate for lakes ins A2002-49 amdt 3.96\ndef domestic commercial vessel ins A2018-7 s 38\ndef enter ins A2018-7 s 38\ndef foreshores ins A2002-49 amdt 3.96\nsub A2013-40 s 8\ndef high level ins A2018-7 s 39\ndef inspector ins A2002-49 amdt 3.96\nsub A2018-7 s 40\ndef Kingston Harbour ins A2018-7 s 41\ndef lake ins A2002-49 amdt 3.96\nam A2013-40 s 9\nsub A2018-7 s 42\nam A2025-28 s 31\ndef lake area ins A2002-49 amdt 3.96\ndef Lake Burley Griffin ins A2002-49 amdt 3.96\nsub A2009-20 amdt 3.108; A2018-7 s 43\n\ndef Lake Ginninderra ins A2002-49 amdt 3.96\nom A2013-40 s 10\ndef low level ins A2018-7 s 44\ndef marine pilot ins A2018-7 s 45\ndef Marine Safety (Domestic Commercial Vessel) National\nLaw ins A2018-7 s 45\ndef master ins A2018-7 s 45\ndef medium level ins A2018-7 s 46\ndef Molonglo Reach ins A2018-7 s 47\ndef obstruction to navigation ins A2018-7 s 47\ndef operate ins A2018-7 s 48\ndef operator ins A2005-54 amdt 1.205\nom A2018-7 s 49\ndef owner ins A2002-49 amdt 3.96\nsub A2018-7 s 50\ndef power boat ins A2002-49 amdt 3.96\ndef place of inspection ins A2018-7 s 51\ndef recreational boat ins A2018-7 s 51\ndef prohibited area ins A2002-49 amdt 3.96\ndef relevant period ins A2018-7 s 52\ndef required safety equipment ins A2018-7 s 53\ndef required standards ins A2018-7 s 53\ndef reviewable decision ins A2008-37 amdt 1.263\ndef RMS ins A2018-7 s 54\nom A2025-28 s 32\ndef safety investigation ins A2018-7 s 55\ndef safety investigation report ins A2018-7 s 55\ndef safety investigator ins A2018-7 s 55\ndef special level ins A2018-7 s 56\ndef sports club ins A2002-49 amdt 3.96\nsub A2018-7 s 57\ndef Sylvia Curley Bridge ins A2009-20 amdt 3.109\nom A2018-7 s 58\ndef under way ins A2002-49 amdt 3.96\ndef unsafe ins A2018-7 s 59\ndef visible ins A2002-49 amdt 3.96\nom A2018-7 s 60\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1992-1 31 March 1992\n2 A1994-97 28 February 1995\n3 A1995-46 30 April 1998\n4 A2001-44 26 October 2001\n5 A2002-11 3 June 2002\n6 A2002-46 3 December 2002\n7 A2002-49 31 December 2002\n8 A2004-15 9 April 2004\n9* A2005-54 24 November 2005\n10 A2008-37 2 February 2009\n11 A2009-20 22 September 2009\n12 A2011-3 1 March 2011\n13 A2011-22 1 July 2011\n14 A2013-40 27 January 2014\n15 A2015-33 14 October 2015\n16 A2016-52 1 September 2016\n17 A2017-4 9 March 2017\n18 A2018-42 5 March 2019\n19 A2019-42 14 November 2019\n20 A2020-47 4 September 2020\n21 A2021-12 23 June 2021\n\nRepublication No Amendments to Republication date\n22 A2023-36 27 November 2023\n23 A2024-20 25 May 2024\n24 A2025-28 26 November 2025\nas made by A2018-7 s 61 and under the Legislation Act 2001\n1 Name of Act 1\n2 Dictionary 2\n3 Notes 3\n4 Offences against Act—application of\nCriminal Code etc\n4A Application 5\n4B Application of Act to inspectors 6\n4C Application of Act in emergencies 7\n4D Relationship to environmental and\nhealth laws\n5 Declaration of area as lake 9\n6 Delegate for lakes 10\n13 Alterations in flow and water level 11\n14 Compensation for damage 12\n14A Meaning of operate—pt 4 13\n15 Erection of signs 14\n16 General restrictions on boats 15\n17 Restrictions on bathing, swimming and\ndiving\n18 Interference etc with signs 17\n\n19 Approved buoys, wharves and jetties 18\n20 Restrictions on mooring 19\n20A Speed limits 20\n20B Restrictions on kinds of boats 21\n21 Prohibition of use of lake area or parts\nof lake\n22 Closing of parts of lake for certain\nevents\n23 Access to leased or occupied land 24\n24 Anchoring boats at night 25\n25 Mooring of boats 26\n25A Use of power boats—interstate licence\nholders\n25B Power boats operated under 10 knots 28\n26 Use of power boats—other people 29\n27 Restrictions—power boats 30\n29 Restriction on use of hovercraft 31\n30 Removal of vehicles and boats from a\nlake etc\n31 Houseboats prohibited 33\n32 Camping and caravanning 34\n33 Agreements for use of lake areas 35\n34 Commercial activities in lake area 36\n35 Power to charge for admission 37\n36 Operating unsafe boats 38\n37 Reckless or negligent operation of\nboats\n38 Climbing onto boats 40\n39 Meaning of appropriate lifejacket—div\n5.2\n\n40 Children under 12 years 42\n41 Recreational boats under 4.8m and off-\nthe-shore boats\n42 Directions by master to wear lifejackets 44\n43 Failure to wear lifejackets—defence 45\n43A Water skiing and other recreational\nactivities\n44 Owners to ensure lifejackets available 47\n45 Owners and operators to provide\ninformation about life jackets\nDivision 5.2A Other safety equipment Division 5.3\n46 Application—div 5.2A 49\n47 Definitions—div 5.2A 50\n47A Owners and operators to ensure safety\nequipment available\n47B Owners and operators to provide\ninformation about safety equipment\nDivision 5.2B Safety directions Division 5.4\n47C Closing lake areas or parts of lake 53\n47D Safe use of lake areas 54\n47E Passengers on domestic commercial\nvessels\nDivision 5.2C Lighting, marking and removing\nobstructions\nDivision 5.5\n47F Lighting and marking obstructions 56\n47G Notices to remove obstructions 57\n47H Removing obstructions 58\n47I Disposing of obstructions 59\nPart 5A Drug and alcohol offences Part 6\n50A Definitions—pt 5A 60\n50B People under 18 years old 61\n50C Special level of alcohol 62\n50D Low level of alcohol 63\n50E Medium level of alcohol 64\n\n50F High level of alcohol 65\n50G Under the influence of alcohol or drugs 66\n50H Drugs 67\n50I Evidence of alcohol levels 68\n50J Alternative verdicts—medium level of\n50K Alternative verdicts—high level of\n50L Alternative verdicts—high, medium and\nlow levels of alcohol\n50M Defence—special level of alcohol 72\n50N Application of Road Transport (Alcohol\nand Drugs) Act 1977\nPart 5B Boating accidents Part 7\n50O Obligation to stop 74\n50P Obligation to give assistance 75\n50Q Obligation to produce licence and give\nparticulars\n50R Obligation to report boating accidents\nto the Minister\n50S Obligation to preserve evidence 78\nPart 5C Safety investigations Part 8\n50T Safety investigations 79\n50U Appointment of safety investigators and\npowers\n50V People assisting safety investigators 81\n50W Conduct of safety investigations 82\n50X People to give information, produce\ndocuments or answer questions\n50Y Safety investigation reports 84\n50Z Actions by Minister following safety\ninvestigations\n50ZA Public release of safety investigation\nreports and recommendations\n\n50ZB Protection from liability 87\nPart 5D Enforcement Part 9\nDivision 5D.1 Definitions—pt 5D Division 9.1\n50ZC Definitions—pt 5D 88\nDivision 5D.2 Inspectors Division 9.2\n50ZD Inspectors 89\n50ZE Identity cards 90\n50ZF Powers not to be exercised before\nidentity card shown\n50ZG People assisting inspectors 92\n","sortOrder":129},{"sectionNumber":"Div 5D","sectionType":"division","heading":"3 Entry and inspection Division 9.3","content":"Division 5D.3 Entry and inspection Division 9.3\n50ZH Entering places of inspection and boats\nin lake areas\n50ZI Producing identity cards 94\n50ZJ Consent to entry 95\n50ZK Warrants 96\n50ZL Warrants—application made other than\nin person\n50ZM General powers on entry 98\n50ZN Power to seize evidence 99\nDivision 5D.4 Boarding of boats Division 9.4\n50ZO Facilitating boarding of boats 100\n50ZP Directing boats after boarding 101\n50ZQ Requiring information after entry 102\nDivision 5D.5 Gathering information Division 9.5\n50ZR Masters to answer questions 103\n50ZS Masters to produce records 104\n50ZT People to provide information about\nowners or masters of boats\n50ZU Boat licences 106\nDivision 5D.6 Dealing with things seized Division 9.6\n50ZV Receipts for things seized 107\n50ZW Access to things seized 108\n50ZX Return of things seized 109\n\n50ZY Disposal of things seized 110\nDivision 5D.7 Detaining boats Division 9.7\n50ZZ Inspectors may detain boats 111\n50ZZA Territory to pay costs of detention 112\n50ZZB Owner to pay costs of detention 113\n","sortOrder":130},{"sectionNumber":"Part 6","sectionType":"part","heading":"Notification and review of","content":"Part 6 Notification and review of\ndecisions\n51 Meaning of reviewable decision—pt 6 114\n51AA Reviewable decision notices 115\n51AB Applications for review 116\nPart 7 Miscellaneous Part 11\n51A Acts and omissions of representatives 117\n52 Evidence 118\n53 Privileges against self-incrimination\nand exposure to civil penalty\n54 Determination of fees 120\n55 Approved forms 121\n56 Regulation-making power 122\n57 Exemptions by Minister 123\n58 Breaching conditions of exemptions 124\n59 Compensation—acquisition of property 125\nSchedule 2 Reviewable decisions Schedule 1\nSchedule 3 Kingston Harbour Schedule 2\nSchedule 4 Molonglo Reach Schedule 3","sortOrder":131}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the 1976 origins, the Act now extends beyond simple lake declaration and basic control to a detailed regulatory framework: modern safety standards (lifejackets and equipment), a drug/alcohol regime for boat operators (pt 6, s 60 et seq.), expanded enforcement and investigative powers (pt 9, ss 89–99; pt 8, ss 79–86), and formal coordination with Commonwealth instruments (s 5, s 73). Numerous amendments recorded in the history and endnotes (notably A2018‑7 and later) broadened administrative, compliance and penalty mechanisms and increased regulatory reach."},"complexity_factors":["Cross‑jurisdictional interaction with Commonwealth and State laws (application to national land, Lake Burley Griffin; s 5; cross‑application of Road Transport (Alcohol and Drugs) Act 1977: s 73).","Broad Ministerial discretion to declare lakes, prohibit access, authorise events, set conditions and grant exemptions (ss 9, 22, 23, 29, 123).","Extensive enforcement powers for inspectors including entry, warrants, seizure, boarding, directions and detention, with cost‑recovery rules (ss 93–99, 100–106, 111–113).","Detailed safety and investigative regime that can compel information and produce public reports (s 79–86, s 83).","Large number of strict‑liability offences and a range of penalties (eg ss 15–16, 20, 30, 38, 61–67), increasing compliance risk for users.","Multiple delegated and instrument‑based controls (notifiable instruments, determinations, regulations, fee determinations) that change operational rules without primary‑law amendment (ss 9, 27, 28, 120, 122).","Property and compensation provisions that impose financial obligations on the Territory and allow recovery from owners (ss 12, 113, 125)."],"plain_english_summary":"This Act regulates the administration, control and everyday use of declared ACT lakes. Mechanically it gives the Minister power to declare lakes, set signs and speed/boat‑use rules, authorise works, permit commercial use and close areas, and it creates safety, alcohol/drug and enforcement regimes enforced by inspectors (ss 9, 11, 14, 20, 29, 37, 38, 60, 89).\n\nThe Territory must pay specified compensation and may recover costs; inspectors can board, seize, detain and compel information, creating permit, reporting and record‑keeping burdens for boat owners and operators (ss 12, 99, 111, 48, 77)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":656},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its 1976 origins. Originally focused on basic lake management and water levels, it now includes: comprehensive drug and alcohol testing mirroring road transport laws (Part 6, added 2018); detailed safety equipment and lifejacket requirements (Part 5, substantially expanded 2018); safety investigation powers (Part 8, added 2018); and extensive enforcement powers (Part 9, added 2018). The 2018 amendments (A2018-7) restructured the entire Act, adding approximately 90 new sections and creating a modern regulatory framework that goes far beyond the original scope of lake administration."},"complexity_factors":["125 numbered sections across 11 Parts with multiple Divisions","Extensive cross-referencing to other ACT and Commonwealth laws (Road Transport Act, Criminal Code, Marine Safety National Law, Emergencies Act, Environment Protection Act)","Nested definitions and conditional exceptions throughout (e.g., lifejacket rules vary by boat type, age, and activity)","Multiple overlapping regulatory regimes: territory land vs national land (Lake Burley Griffin split between ACT and Commonwealth laws)","Strict liability offences with defences requiring legal/evidential burdens (Criminal Code integration)","Complex enforcement powers including warrant procedures, remote warrant applications, and detention of boats","Alternative verdict provisions for alcohol offences creating cascading offence structures","Safety investigation powers that operate independently of criminal proceedings","Dictionary with 30+ defined terms, many with their own internal exclusions and examples"],"plain_english_summary":"This Act sets rules for use, safety and management of ACT lakes (notably Lake Burley Griffin, Kingston Harbour, Molonglo Reach), covering recreational and commercial boating, fishing and lakeside activities. It imposes safety gear and alcohol/drug limits, requires permits for moorings and structures, mandates accident reporting and preserves evidence, and empowers inspectors to enforce compliance.\n\nIt affects lake users, boat owners/operators, commercial operators and emergency services, protecting public safety, the environment and fair access."}},"importantCases":[],"_links":{"self":"/api/acts/lakes-act-1976","history":"/api/acts/lakes-act-1976/history","analysis":"/api/acts/lakes-act-1976/analysis","conflicts":"/api/acts/lakes-act-1976/conflicts","importantCases":"/api/acts/lakes-act-1976/important-cases","documents":"/api/acts/lakes-act-1976/documents"}}