{"id":"sl-2019-8","name":"Lakes Regulation 2019","slug":"lakes-regulation-2019","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"8 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173415,"registerId":"act-sl-2019-8-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Lakes Regulation 2019","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLakes Regulation 2019\nSL2019-8\nmade under the\nLakes Act 1976\nRepublication No 1\nEffective: 10 May 2019\nRepublication date: 10 May 2019\nRegulation not amended\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Lakes Regulation 2019, made under the Lakes Act 1976 (including\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force\non 10 May 2019. It also includes any commencement, repeal or expiry affecting this republished\nlaw.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial amendments\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLakes Regulation 2019\nmade under the\nLakes Act 1976\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against regulation—application of Criminal Code etc 3\nPart 2 Required number of lifejackets, required\nsafety equipment and required standards—\nAct, s 47 (1) (a) and s 50\nDivision 2.1 Definitions—pt 2\n6 Definitions—pt 2 4\n\nContents\nPage\ncontents 2 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.2 Required number of lifejackets for recreational boats—\nAct, s 47 (1) (a)\n7 Required number of lifejackets for recreational boats—Act, s 47 (1) (a) 6\nDivision 2.3 Required safety equipment—Act, s 50\n8 Meaning of general requirement—div 2.3 7\n9 Required safety equipment—Act, s 50 8\nDivision 2.4 Required standards—Act, s 50\n10 Anchors with chain or line 10\n11 Bailers 10\n12 Buckets and fire buckets 10\n13 Bilge pumps 11\n14 Fire extinguishers 11\n15 Paddles and oars 12\n16 Waterproof torches 12\nPart 3 Boat registration\n17 Application—pt 3 13\n18 Operating unregistered boat 13\n19 Breaching condition of registration 14\nPart 4 Safe operation of boats\n20 Speed limit when people under 18 years old 15\n21 Exceeding power rating for boats 15\n22 Operating power boats near swimming areas 16\n23 Minimum distance requirements 17\n24 Dangerous operation of boats 19\n25 Unsafe towing or pushing of boats or objects 19\n26 Unsafe loading of boats 20\nPart 5 Right of way rules\n27 Keeping out of the way 22\n28 Keeping course 22\n29 Sailing boats 22\n30 Power boats 23\n31 Power boats and sailing boats 23\n\nContents\nPage\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Rowing boats and sailing boats 24\n33 Overtaking boats 24\n34 Navigating channels 24\n35 Exception to rules—boat races 24\nPart 6 Conduct of people\n36 Dangerous conduct 25\n37 Conduct on power boats 25\n38 Passengers on domestic commercial vessels 27\nPart 7 Interference\n39 Interfering with use of waters or land 29\n40 Interfering with other boats 29\n41 Interfering with dredges or immobile boats 29\n42 Interfering with navigation aids 30\n43 Interfering with equipment on boats 31\n44 Interfering with safety equipment 31\nPart 8 Lights and shapes\nDivision 8.1 Preliminary\n45 Definitions—pt 8 32\n46 Meaning of visibility is restricted 34\n47 Visibility of lights 34\nDivision 8.2 Boats underway at night or when visibility is restricted\n48 Application—div 8.2 35\n49 Lights for power boats underway 35\n50 Lights for sailing boats underway and boats being rowed 37\n51 Lights to be carried by rowing boats, kayaks and canoes 39\nDivision 8.3 Boats at anchor\n52 Lights for boats at anchor on a lake at night 40\nDivision 8.4 Diving boats, dredges etc and emergency lights\n53 Lights on certain boats restricted in their ability to manoeuvre 40\n54 Shapes on certain boats restricted in their ability to manoeuvre 42\n55 Emergency lights 43\n\nContents\nPage\ncontents 4 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 9 Unnecessary use of lights and signals\n56 Unnecessary use of distress signals 44\n57 Unnecessary use of lights and signals 44\n58 Unauthorised use of emergency patrol signals 45\nPart 10 Obstructions to navigation\n59 Failing to warn about obstructions 47\n60 Obstructing fairways and channels 47\n61 Obstructing wharves and jetties 47\n62 Obstructing boats 48\n63 Obstructing passengers 48\n64 Obstructing cargo 48\n65 Causing obstruction, nuisance or damage with objects 49\n66 Failing to light or mark obstructions 50\nPart 11 Hatches and exterior doors on recreational\nboats\n67 Application—pt 11 51\n68 Construction 51\n69 Locking hatches and exterior doors 52\nDictionary 53\nEndnotes\n1 About the endnotes 56\n2 Abbreviation key 56\n3 Legislation history 57\n4 Amendment history 57\n\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLakes Regulation 2019\nmade under the\nLakes Act 1976\n\nPart 1 Preliminary\nSection 1\npage 2 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Lakes Regulation 2019.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere in this regulation.\nFor example, the signpost definition ‘visibility is restricted—see\nsection 46.’ means that the term ‘visibility is restricted’ is defined in that\nsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, 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\nPart 2 Required number of lifejackets, required safety equipment and required\nstandards—Act, s 47 (1) (a) and s 50\nDivision 2.1 Definitions—pt 2\nSection 6\npage 4 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Required number of lifejackets,\nrequired safety equipment and\nrequired standards—Act,\ns 47 (1) (a) and s 50\nDivision 2.1 Definitions—pt 2\n6 Definitions—pt 2\nIn this part:\naccompanied sailing boat—\n(a) means a boat—\n(i) with a sail engaged in a training session organised by a\nsports club or school; and\n(ii) accompanied by a power-driven boat capable of being used\nfor rescue purposes; but\n(b) does not include a boat while it is being propelled by mechanical\npower.\ndragon boat operating requirements means the following:\n(a) operating the dragon boat within 200m of the shore;\n(b) operating the dragon boat in weather or water conditions that are\nnot, and are not predicted to become, unsuitable for boating;\n(c) operating the dragon boat when each person on board has\nundergone a safety drill in relation to the possible emergencies\narising on the boat;\n(d) if the boat is operating in a channel—operating the dragon boat\non the starboard side (bowside) of the channel and not in the\nmiddle of the channel;\n\nRequired number of lifejackets, required safety equipment and required\nstandards—Act, s 47 (1) (a) and s 50\nPart 2\nDefinitions—pt 2 Division 2.1\nSection 6\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) if the boat is operating at night or when visibility is restricted—\noperating the dragon boat with lights that meet the requirements\nmentioned—\n(i) if the boat is 4m or more in length—section 51 (1) (a) (iii);\nand\n(ii) if the boat is under 4m in length—section 51 (3) (b).\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• catamaran\n• hobie cat\n• laser\n• skiff\nsmall boat—\n(a) means a dinghy, row boat or inflatable boat that is—\n(i) less than 3m in length; and\n(ii) built so as to float if swamped or capsized; but\n(b) does not include a tender or a boat carrying an engine or fuel.\nsmall tender means a tender less than 3m in length operating within\n200m of the shore.\n\nPart 2 Required number of lifejackets, required safety equipment and required\nstandards—Act, s 47 (1) (a) and s 50\nDivision 2.2 Required number of lifejackets for recreational boats—Act, s 47 (1) (a)\nSection 7\npage 6 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ntender means a boat that is less than 7.5m in length that—\n(a) only transports goods or people; and\n(b) only operates between—\n(i) its parent boat and the shore; or\n(ii) its parent boat and another boat; and\n(c) only operates within 1 nautical mile from its parent boat.\nDivision 2.2 Required number of lifejackets for\nrecreational boats—Act, s 47 (1) (a)\n7 Required number of lifejackets for recreational boats—\nAct, s 47 (1) (a)\nThe prescribed number of lifejackets for a recreational boat listed in\nan item in table 7, column 2 is the number in the item, column 3.\nNote Recreational boat is defined in the Act, dictionary. For the Act, s 47 (and\nthis section) recreational boat does not include a canoe, kayak, kiteboard,\npaddleboard, sailboard or surfboard (see Act, s 47 (4)).\nTable 7 Required number of lifejackets for boats\ncolumn 1\nitem\ncolumn 2\ntype of recreational boat\ncolumn 3\nnumber of lifejackets for\neach person on the boat\n1 dragon boat that meets the dragon boat operating\nrequirements and is carrying the safety equipment\nstated in table 9, item 2, column 3, paragraph (b)\nNote Dragon boat operating requirements—see\ns 6.\n0\n2 rowing shell 0\n\nRequired number of lifejackets, required safety equipment and required\nstandards—Act, s 47 (1) (a) and s 50\nPart 2\nRequired safety equipment—Act, s 50 Division 2.3\nSection 8\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\ntype of recreational boat\ncolumn 3\nnumber of lifejackets for\neach person on the boat\n3 recreational boat (other than a boat listed in items 1\nand 2)\nExamples\n• a dragon boat that is operating when a person on\nboard has not participated in an appropriate\nsafety drill\n• a dragon boat that is not carrying the safety\nequipment stated in table 9, item 2, column 3,\nparagraph (b)\n1\nDivision 2.3 Required safety equipment—Act, s 50\n8 Meaning of general requirement—div 2.3\nIn this division:\ngeneral requirement, for a recreational boat, means the following\nequipment:\n(a) a sound signal;\nExamples\n• an airhorn\n• a bell\n• a whistle\n(b) a waterproof torch;\n(c) if the boat has an electric start motor, a gas installation, a fuel\nstove or battery—1 or more fire extinguishers as is required\ngiven the potential sources of fire and the size of the boat;\n(d) if the boat has a covered bilge or a closed under-floor\ncompartment that is not an airtight void space—1 or more bilge\npumps as is required to drain each compartment;\n\nPart 2 Required number of lifejackets, required safety equipment and required\nstandards—Act, s 47 (1) (a) and s 50\nDivision 2.3 Required safety equipment—Act, s 50\nSection 9\npage 8 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) if the boat is less than 6m in length and only has 1 independent\nmeans of propulsion—at least 1 paddle or a pair of oars with\nrowlocks;\nExample—1 independent means of propulsion\n1 or more sails on a boat\n(f) if the boat is not a sailing boat less than 6m in length—an anchor\nwith a chain or line;\n(g) if the boat is not a sailing boat with a permanently enclosed self-\ndraining hull or a boat required to carry a bilge pump under\nparagraph (d)—a bailer, bucket or fire bucket.\n9 Required safety equipment—Act, s 50\nThe prescribed safety equipment for a boat listed in an item in table 9,\ncolumn 2 is the safety equipment in the item, column 3.\nNote Recreational boat is defined in the Act, dictionary. For the Act, s 50 (and\nthis section) recreational boat does not include a canoe, kayak, kiteboard,\npaddleboard, sailboard or surfboard (see Act, s 50).\nTable 9 Required safety equipment\ncolumn 1\nitem\ncolumn 2\ntype of recreational boat\ncolumn 3\nprescribed safety equipment\n1 small tender (a) general requirement; or\n(b) the following equipment:\n• a paddle or a pair of\noars with rowlocks\n• a bailer, bucket or bilge\npump\n• if the boat is operating\nat night—a waterproof\ntorch\n\nRequired number of lifejackets, required safety equipment and required\nstandards—Act, s 47 (1) (a) and s 50\nPart 2\nRequired safety equipment—Act, s 50 Division 2.3\nSection 9\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\ntype of recreational boat\ncolumn 3\nprescribed safety equipment\n2 dragon boat that meets the dragon boat\noperating requirements\nNote Dragon boat operating requirements—\nsee s 6.\n(a) general requirement; or\n(b) the following safety\nequipment:\n• a bailer or bucket\n• a rope at least 25m in\nlength and 12mm in\ndiameter, that is of the\ntype known as “silver\nrope” and is securely\nattached to the boat for\ntowing\n• if the boat is operating\nat night—flares, or a\nmobile telephone, in a\nwaterproof container\n3 (a) accompanied sailing boat; or\n(b) small boat operating in daylight within\n200m of the shore; or\n(c) off-the-shore boat that does not have\nsufficient storage to carry safety\nequipment; or\n(d) rowing shell\nnil\n4 recreational boat (other than a boat listed in\nitems 1 to 3)\nExamples\n• a small boat operating at night or more than\n200m from the shore\n• a dragon boat that is operating when a\nperson on board has not participated in an\nappropriate safety drill\ngeneral requirement\n\nPart 2 Required number of lifejackets, required safety equipment and required\nstandards—Act, s 47 (1) (a) and s 50\nDivision 2.4 Required standards—Act, s 50\nSection 10\npage 10 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.4 Required standards—Act, s 50\nNote The required safety equipment prescribed in div 2.3 must meet the\nrequired standards prescribed in this division (see Act, s 51).\n10 Anchors with chain or line\n(1) An anchor with a chain or line must be suitable for the purpose of\nsecuring the boat on which it is carried.\nExample\nsuitability may depend on the boat’s size, weight and area of operation\n(2) The chain or line must be—\n(a) of sufficient strength and durability for the purpose; and\n(b) securely attached to both the anchor and the boat.\n11 Bailers\n(1) A bailer must—\n(a) be suitable for bailing water from the boat on which it is carried;\nand\n(b) not be used for any other purpose; and\n(c) have a lanyard or rope attached to it.\n(2) The lanyard or rope must be—\n(a) securely attached to the bailer; and\n(b) of a length that will allow the bailer to be cast over the side of\nthe boat and retrieved.\n12 Buckets and fire buckets\n(1) A bucket, or fire bucket, must—\n(a) be suitable for both bailing water from the boat on which it is\ncarried and collecting water for use in case of fire; and\n\nRequired number of lifejackets, required safety equipment and required\nstandards—Act, s 47 (1) (a) and s 50\nPart 2\nRequired standards—Act, s 50 Division 2.4\nSection 13\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) not be used for any other purpose; and\n(c) be manufactured from metal or a robust plastic or robust canvas;\nand\n(d) be designed so as not to collapse, distort or lose the handle when\nfull of water; and\n(e) have a lanyard or rope attached to it.\n(2) The lanyard or rope must be of a length that will allow the bucket or\nfire bucket to be cast over the side of the boat and retrieved full of\nwater.\n13 Bilge pumps\n(1) A bilge pump must—\n(a) be capable of draining each compartment of the boat on which\nit is carried; and\n(b) have a suction pipe that is fitted with a strainer of sufficiently\nsmall mesh size to prevent choking of the pump.\n(2) A bilge pump may be either manual or power operated.\n14 Fire extinguishers\n(1) A fire extinguisher must be designed and manufactured in accordance\nwith an Australian standard specific for portable fire extinguishers.\n(2) If fuel is carried on a boat, a fire extinguisher on the boat must be of\na type suitable for the fuel as stated in Australian\nStandard 1799.1-2009 (Small craft—General requirements for power\nboats) as in force from time to time.\nNote AS 1799.1-2009 does not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see Lakes Act 1976, s 122 (3) and\nLegislation Act, s 47 (7)). The standard may be purchased at\nwww.standards.org.au.\n\nPart 2 Required number of lifejackets, required safety equipment and required\nstandards—Act, s 47 (1) (a) and s 50\nDivision 2.4 Required standards—Act, s 50\nSection 15\npage 12 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Paddles and oars\n(1) A paddle must be capable of being used to row the boat on which the\npaddle is carried.\n(2) A pair of oars must be capable of being used to row the boat on which\nthe oars are carried.\n16 Waterproof torches\nA waterproof torch must be a water resistant, floating type torch that\nis—\n(a) in operational order; and\n(b) capable of being used to signal.\n\nBoat registration Part 3\nSection 17\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Boat registration\n17 Application—pt 3\nThis part does not apply to a person operating a domestic commercial\nvessel.\nNote The Marine Safety (Domestic Commercial Vessel) National Law, pt 4\napplies certain requirements for a domestic commercial vessel operating\non a lake.\n18 Operating unregistered boat\n(1) A person commits an offence if—\n(a) the person operates a power boat on a lake; and\n(b) the boat is not—\n(i) registered under a law of a State; or\n(ii) exempt from registration under a law of a State.\nMaximum penalty: 30 penalty units.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n(2) An offence against this section is a strict liability offence.\n\nPart 3 Boat registration\nSection 19\npage 14 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Breaching condition of registration\n(1) A person commits an offence if—\n(a) a person operates a boat on a lake; and\n(b) the boat is registered under a law of a State that allows the boat\nto be operated in the State; and\n(c) the operation of the boat breaches a condition of its registration.\nMaximum penalty: 20 penalty units.\n(2) An offence against this section is a strict liability offence.\n\nSafe operation of boats Part 4\nSection 20\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Safe operation of boats\n20 Speed limit when people under 18 years old\n(1) A person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the boat is operated at a speed of more than 60 knots; and\n(c) a person under the age of 18 years is on the boat.\nMaximum penalty: 30 penalty units.\n(2) An offence against this section is a strict liability offence.\n21 Exceeding power rating for boats\n(1) A person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the boat is powered by a motor that exceeds the appropriate\npower rating for the boat.\nMaximum penalty: 30 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) In this section:\nappropriate power rating, for a boat, means—\n(a) the power rating stated for the boat by the manufacturer; or\n\nPart 4 Safe operation of boats\nSection 22\npage 16 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if no power rating is stated for the boat by the manufacturer, or\nthe power rating is not apparent—\n(i) for a boat with an outboard motor—the maximum power\ncapacity calculated in accordance with Australian\nStandard 1799.1-2009 (Small craft—General requirements\nfor power boats), section 2.6 as in force from time to time;\nor\nNote AS 1799.1-2009 does not need to be notified under the\nLegislation Act because s 47 (6) does not apply (see Lakes\nAct 1976, s 122 (3) and Legislation Act, s 47 (7)). The\nstandard may be purchased at www.standards.org.au.\n(ii) in any other case—the power rating (if any) approved by\nRMS for boats of that kind from time to time.\nNote RMS approves power ratings under the Marine Safety\nRegulation 2016 (NSW).\n22 Operating power boats near swimming areas\n(1) A person commits an offence if the person operates a power boat in a\nswimming area or within 60m from a swimming area.\nMaximum penalty: 30 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) This section does not apply to a person if the person operates a power\nboat in a swimming area, or within 60m from a swimming area, to\nundertake works or maintenance for the Territory.\n(4) In this section:\nswimming area means an area specified as a swimming area under\nthe Act, section 14 (a) (iv).\nNote A swimming area is specified on a sign placed in the area (see Act,\ns 14 (a) (iv)).\n\nSafe operation of boats Part 4\nSection 23\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Minimum distance requirements\n(1) A person commits an offence if—\n(a) the person operates a boat on a lake at a speed of 10 knots or\nmore; and\n(b) the boat is less than 60m from—\n(i) a person on or in the lake; or\n(ii) another boat (other than a power boat or a boat that is\nmoored or anchored).\nMaximum penalty: 30 penalty units.\n(2) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that—\n(a) it was not possible for the boat to be 60m or more from the\nperson or other boat; and\nExample\nThe land in all navigable directions was less than 60m from the person or\nother boat.\n(b) the defendant operated the boat at a safe distance from—\n(i) the person; or\n(ii) the other boat.\n(3) A person commits an offence if—\n(a) the person operates a boat on a lake at a speed of 10 knots or\nmore; and\n(b) the boat is less than 30m from—\n(i) a power boat; or\n(ii) a boat that is moored or anchored.\nMaximum penalty: 20 penalty units.\n\nPart 4 Safe operation of boats\nSection 23\npage 18 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A person commits an offence if—\n(a) the person operates a boat on a lake at a speed of 10 knots or\nmore; and\n(b) the boat is less than 30m from any land, structure or other thing.\nMaximum penalty: 20 penalty units.\nExamples—structure or other thing\n• diving platform\n• fountain\n• pontoon\n(5) It is a defence to a prosecution for an offence against subsection (3)\nor (4) if the defendant proves that—\n(a) it was not possible for the boat to be 30m or more from the other\nboat, land, structure, or other thing; and\nExample\nThe land in all navigable directions was less than 30m from the other boat.\n(b) the defendant operated the boat at a safe distance from the other\nboat, land, structure, or other thing.\n(6) In this section:\nsafe distance means, when taking into account all relevant safety\nfactors including the weather, visibility, and speed—\n(a) for subsection (2) (b) (i)—a distance at which the boat could not\ncause danger or injury to the person; and\n(b) for subsection (2) (b) (ii) or (5)—a distance at which the boat\ncould not cause damage to the other boat, land, structure, or\nother thing.\n\nSafe operation of boats Part 4\nSection 24\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Dangerous operation of boats\nA person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the operation of the boat is—\n(i) at a speed that is dangerous to the public; or\n(ii) dangerous to the public in any other way.\nMaximum penalty: 30 penalty units.\n25 Unsafe towing or pushing of boats or objects\n(1) A person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the boat is towing or pushing—\n(i) another boat; or\n(ii) an object; and\n(c) the other boat or object is not safely secured to the boat.\nMaximum penalty: 30 penalty units.\n(2) A person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the boat is towing or pushing—\n(i) another boat; or\n(ii) an object; and\n(c) the visibility from the boat is obscured by the other boat or\nobject.\nMaximum penalty: 30 penalty units.\n\nPart 4 Safe operation of boats\nSection 26\npage 20 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the boat is towing or pushing—\n(i) another boat (other than a tender); or\n(ii) an object; and\n(c) there is no other person in the boat or otherwise, and in a position\nto observe, giving safety instructions to the person operating the\nboat.\nMaximum penalty: 30 penalty units.\n26 Unsafe loading of boats\n(1) A person commits an offence if the person—\n(a) operates a boat on a lake; and\n(b) fails to comply with a safe loading requirement that applies to\nthe boat under a law of the State where the boat is registered.\nNote A power boat operated in the ACT must be registered under the law of\nanother State or exempt from registration (see s 18).\nMaximum penalty: 30 penalty units.\n(2) Subsection (1) does not apply for a boat if the boat is any of the\nfollowing:\n(a) a boat used solely for racing or competition;\n(b) a boat that is propelled by oars or paddles and that does not have\nan engine;\n(c) a sailing boat with or without an engine;\n(d) a domestic commercial vessel operated in accordance with a\ncertificate of survey in force under the Marine Safety (Domestic\nCommercial Vessel) National Law.\n\nSafe operation of boats Part 4\nSection 26\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nsafe loading requirement—\n(a) means a requirement about the maximum number of people or\nmaximum weight of people and equipment that a boat may\ncarry; and\n(b) includes a requirement to display a label on a boat about the\nmaximum number of people that the boat may carry.\n\nPart 5 Right of way rules\nSection 27\npage 22 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Right of way rules\nNote 1 An inspector may issue a direction to a person that the rules under this\npart must be followed. Failing to comply with a direction is an offence\n(see Act, s 54).\nNote 2 A breach of a rule under this part may be dangerous to the public and\ncould constitute an offence under this regulation (see s 24).\n27 Keeping out of the way\n(1) This section applies if a boat is required under this part to keep out of\nthe way of another boat.\n(2) As far as is practicable, the boat must not cross ahead of the other\nboat.\n(3) If the boat is a power boat, it must slow down, stop or reverse if\nnecessary to avoid colliding with the other boat.\n28 Keeping course\n(1) This section applies if a boat is required under this part to keep its\ncourse.\n(2) The boat must keep its course and speed unless this could cause the\nboat to collide with another boat.\n29 Sailing boats\n(1) This section applies if a sailing boat is approaching another sailing\nboat on a lake.\n(2) If a boat is close-hauled on the port tack and another boat is\nclose-hauled on the starboard tack—\n(a) the boat that is close-hauled on the port tack must keep out of\nthe way of the other boat; and\n(b) the other boat must keep its course.\n\nRight of way rules Part 5\nSection 30\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If a boat is running free with the wind on one side and another boat is\nrunning free with the wind on the opposite side—\n(a) the boat that has the wind on the port side must keep out of the\nway of the other boat; and\n(b) the other boat must keep its course.\n(4) If a boat is running free with the wind on one side and another boat is\nrunning free with the wind on the same side—\n(a) the boat that is to windward must keep out of the way of the boat\nthat is to leeward; and\n(b) the boat that is to leeward must keep its course.\n30 Power boats\n(1) If a power boat is approaching another power boat on a lake, each\npower boat must alter course to the starboard side so that each boat\npasses on the port side of the other boat.\n(2) If 2 power boats are crossing—\n(a) the boat with the other boat on its own starboard side must keep\nout of the way of the other boat; and\n(b) the other boat must keep its course.\n31 Power boats and sailing boats\n(1) This section applies if a power boat and a sailing boat are approaching\none another on a lake.\n(2) The power boat must keep out of the way of the sailing boat.\n(3) The sailing boat must keep its course.\n\nPart 5 Right of way rules\nSection 32\npage 24 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Rowing boats and sailing boats\n(1) This section applies if a rowing boat and a sailing boat are\napproaching one another on a lake.\n(2) The rowing boat must keep out of the way of the sailing boat.\n(3) The sailing boat must keep its course.\n33 Overtaking boats\n(1) A boat that is overtaking another boat must keep out of the way of the\nother boat and the other boat must keep its course.\n(2) In this section:\novertaking—a boat is overtaking another boat if it is moving toward\nthe other boat from a direction abaft the other boat’s beam of more\nthan 22.5 degrees.\n34 Navigating channels\n(1) This section applies if a channel or fairway is shown on a lake by\nbearings, buoys or other means (the markings).\n(2) A boat must not exit the channel or fairway other than as shown by\nthe markings.\n35 Exception to rules—boat races\nThis part does not apply to a boat taking part in a boat race in relation\nto another boat taking part in the race, to the extent that it conflicts\nwith a rule approved for the race by the entity controlling the race.\n\nConduct of people Part 6\nSection 36\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Conduct of people\n36 Dangerous conduct\nA person commits an offence if—\n(a) the person is on a boat on a lake; and\n(b) the person does something that is dangerous to the public.\nMaximum penalty: 30 penalty units.\n37 Conduct on power boats\n(1) A person commits an offence if—\n(a) the person operates a power boat on a lake; and\n(b) the power boat is being propelled by its engine; and\n(c) a person on the power boat extends a part of their body outside\nthe perimeter of the boat.\nMaximum penalty: 20 penalty units.\n(2) A person commits an offence if—\n(a) the person is on a power boat on a lake; and\n(b) the power boat is being propelled by its engine; and\n(c) the person extends a part of their body outside the perimeter of\nthe boat.\nMaximum penalty: 20 penalty units.\n(3) A person commits an offence if—\n(a) the person operates a power boat on a lake; and\n(b) the power boat is being propelled by its engine; and\n\nPart 6 Conduct of people\nSection 37\npage 26 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a person is on the bow of the power boat in a position that puts\nthem at an increased risk of falling overboard.\nMaximum penalty: 20 penalty units.\n(4) A person commits an offence if—\n(a) the person is on the bow of a power boat on a lake in a position\nthat puts them at an increased risk of falling overboard; and\n(b) the power boat is being propelled by its engine.\nMaximum penalty: 20 penalty units.\n(5) A person commits an offence if—\n(a) the person operates a power boat on a lake; and\n(b) the power boat is being propelled by its engine; and\n(c) a person is on, or is hanging onto, a swim ladder, swim platform\nor transom attached to the power boat.\nMaximum penalty: 20 penalty units.\n(6) A person commits an offence if—\n(a) the person is on, or is hanging onto, a swim ladder, swim\nplatform or transom attached to a power boat on a lake; and\n(b) the power boat is being propelled by its engine.\nMaximum penalty: 20 penalty units.\n(7) Subsections (1) to (6) do not apply to a person who is—\n(a) anchoring, mooring or casting off; or\n(b) fishing while anchored, moored, or drifting; or\n(c) involved in an activity relating to securing the safety of a person\nor property.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in this section (see Criminal Code, s 58).\n\nConduct of people Part 6\nSection 38\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) An offence against this section (other than subsections (3) and (4)) is\na strict liability offence.\n(9) In this section:\npower boat does not include a personal watercraft.\n38 Passengers on domestic commercial vessels\n(1) A person commits an offence if the person—\n(a) is a passenger on a domestic commercial vessel on a lake; and\n(b) obstructs someone engaged in the navigation or operation of the\nvessel.\nMaximum penalty: 30 penalty units.\n(2) A person commits an offence if the person—\n(a) is a passenger on a domestic commercial vessel on a lake; and\n(b) damages a part of the vessel or equipment on the vessel.\nMaximum penalty: 30 penalty units.\n(3) A person commits an offence if the person—\n(a) is a passenger on a domestic commercial vessel on a lake; and\n(b) uses a part of the vessel or equipment on the vessel for a purpose\nfor which it was not intended.\nMaximum penalty: 30 penalty units.\n\nPart 6 Conduct of people\nSection 38\npage 28 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A person commits an offence if the person—\n(a) is a passenger on a domestic commercial vessel on a lake; and\n(b) removes, damages, or defaces—\n(i) a sign or notice on the vessel that relates to the vessel’s safe\nand proper use; or\n(ii) a survey plate.\nMaximum penalty: 30 penalty units.\n(5) A person commits an offence if the person—\n(a) is a passenger on a domestic commercial vessel on a lake; and\n(b) is in or on a prohibited part of the vessel.\nMaximum penalty: 30 penalty units.\n(6) In this section:\nprohibited part, of a vessel, means—\n(a) a roof, awning or mast on the vessel; or\n(b) a part of the vessel for which there is a notice displayed at the\nentry to the part that prohibits a passenger’s entry to the part of\nthe vessel.\nsurvey plate, for a boat, means a plate fixed to the boat indicating the\nboat’s capability and capacity.\n\nInterference Part 7\nSection 39\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Interference\n39 Interfering with use of waters or land\nA person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the operation of the boat interferes with another person’s lawful\nuse of the lake area.\nMaximum penalty: 30 penalty units\n40 Interfering with other boats\nA person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the operation of the boat causes wash that damages or impacts\nunreasonably on another boat.\nMaximum penalty: 30 penalty units.\nExamples—par (b)\n• wash causes other smaller boats to rock\n• wash damages moored boats\n41 Interfering with dredges or immobile boats\n(1) A person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the boat passes a dredge, or other boat, that is—\n(i) engaged in underwater operations and restricted in its\nability to manoeuvre; and\n\nPart 7 Interference\nSection 42\npage 30 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) displaying the shapes or lights indicating safe passage on\none side; and\nNote A boat engaged in underwater operations and restricted in\nits ability to manoeuvre is required to display shapes and\nlights under s 49.\n(c) the boat does not pass on the side of the dredge, or other boat,\ndisplaying the shapes or lights indicating safe passage.\nMaximum penalty: 30 penalty units.\n(2) In this section:\nshapes or lights indicating safe passage, displayed on a boat, means\nlights mentioned in section 53 (1) (d) (ii) or shapes mentioned in\nsection 54 (1) (d) (ii).\n42 Interfering with navigation aids\n(1) A person commits an offence if the person secures a boat to a\nnavigation aid in or on a lake.\nMaximum penalty: 30 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) In this section:\nnavigation aid means a device used for the safety of navigation, but\ndoes not include a device on board a boat.\nExamples\n• a beacon\n• a buoy\n• a marine mark\n\nInterference Part 7\nSection 43\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43 Interfering with equipment on boats\nA person commits an offence if the person—\n(a) severs, unties, or detaches any rope, cable, chain or other means\nby which a boat is secured on a lake; and\n(b) is not authorised to do so by the person who is operating the boat\nor the owner of the boat.\nMaximum penalty: 30 penalty units.\n44 Interfering with safety equipment\n(1) A person commits an offence if the person—\n(a) unties or detaches any safety equipment stored in a lake area;\nand\n(b) unties or detaches the equipment for a purpose other than for—\n(i) securing the safety of any person; or\n(ii) preventing the loss of, or damage to, property.\nMaximum penalty: 30 penalty units.\n(2) An offence against this section is a strict liability offence.\n\nPart 8 Lights and shapes\nDivision 8.1 Preliminary\nSection 45\npage 32 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Lights and shapes\nDivision 8.1 Preliminary\n45 Definitions—pt 8\nIn this part:\nall round light means a light that shows an unbroken light over an arc\nof the horizon of 360 degrees.\nall round white light, for a boat, means a white all round light that is\nplaced, as far as practicable, over the boat’s fore and aft centreline.\ncombined lantern, for a boat, means a single light unit that—\n(a) is carried at or near the top of the boat’s mast; and\n(b) displays an unbroken—\n(i) green light on the starboard side of the boat over an arc of\nthe horizon of 112.5 degrees from ahead of the boat to just\nbehind the beam of the boat on the starboard side; and\n(ii) red light on the port side of the boat over an arc of the\nhorizon of 112.5 degrees from ahead of the boat to just\nbehind the beam of the boat on the port side; and\n(iii) white light behind the boat over an arc of the horizon of\n135 degrees.\ncombined sidelights, for a boat, means a single light unit that—\n(a) is carried on the fore and aft centreline of the boat; and\n(b) displays an unbroken—\n(i) green light on the starboard side of the boat over an arc of\nthe horizon of 112.5 degrees from ahead of the boat to just\nbehind the beam of the boat on the starboard side; and\n\nLights and shapes Part 8\nPreliminary Division 8.1\nSection 45\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) red light on the port side of the boat over an arc of the\nhorizon of 112.5 degrees from ahead of the boat to just\nbehind the beam of the boat on the port side.\nmasthead light, for a boat, means a white light that—\n(a) is placed, as far as practicable, over the boat’s fore and aft\ncentreline; and\n(b) shows an unbroken light over an arc of the horizon of\n225 degrees; and\n(c) is fixed to show from anywhere ahead, to just behind the beam\nof the boat on both sides.\noperator, of a boat, means—\n(a) the master; or\n(b) if no-one is in charge or command of the boat—each person on\nthe boat; or\n(c) if no-one is on the boat—the owner of the boat.\nseparate sidelights, for a boat, means—\n(a) a green light on the starboard side of the boat that shows an\nunbroken light over an arc of the horizon of 112.5 degrees from\nahead of the boat to just behind the beam of the boat on the\nstarboard side; and\n(b) a red light on the port side of the boat that shows an unbroken\nlight over an arc of the horizon of 112.5 degrees from ahead of\nthe boat to just behind the beam of the boat on the port side.\nsidelights, for a boat, means one of the following:\n(a) separate sidelights;\n(b) combined sidelights;\n(c) lights on the port and starboard sides of the boat in a combined\nlantern.\n\nPart 8 Lights and shapes\nDivision 8.1 Preliminary\nSection 46\npage 34 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsternlight, for a boat, means a white light that—\n(a) is placed near the stern of the boat; and\n(b) shows an unbroken light behind the boat over an arc of the\nhorizon of 135 degrees.\n46 Meaning of visibility is restricted\nFor this regulation, visibility is restricted on a lake if a person’s range\nof vision on the lake is restricted because of a weather event.\nExamples—weather events\n• dust storm\n• fog or mist\n• heavy rain\n• snow\n47 Visibility of lights\n(1) This section does not apply in relation to lights required to be shown\nunder section 50 (1) (b) (ii), 51 (3) (b) (ii) or 55 (2) (d).\n(2) The operator of a boat commits an offence if—\n(a) the boat is under 12m in length; and\n(b) the boat is showing a light required under this part; and\n(c) the light is not visible at the following distance from the boat:\n(i) if the light is a masthead light, sternlight or all round\nlight—2 nautical miles;\n(ii) if the light is a sidelight—1 nautical mile.\nMaximum penalty: 20 penalty units.\n(3) The operator of a boat commits an offence if—\n(a) the boat is 12m or more in length; and\n(b) the boat is showing a light required under this part; and\n\nLights and shapes Part 8\nBoats underway at night or when visibility is restricted Division 8.2\nSection 48\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the light is not visible at the following distance from the boat:\n(i) if the light is a masthead light and the boat is 20m or more\nin length—5 nautical miles;\n(ii) if the light is a masthead light and the boat is under 20m in\nlength—3 nautical miles;\n(iii) if the light is a sternlight, all round light or sidelight—\n2 nautical miles.\nMaximum penalty: 20 penalty units.\n(4) An offence against this section is a strict liability offence.\nDivision 8.2 Boats underway at night or when\nvisibility is restricted\n48 Application—div 8.2\nThis division applies to an operator of a boat if the boat is under way\non a lake at night or when visibility is restricted.\n49 Lights for power boats underway\n(1) The operator of a power boat commits an offence if the boat—\n(a) is under 7m in length and has a maximum speed of 7 knots; and\n(b) does not show an all round white light.\nMaximum penalty: 20 penalty units.\n(2) The operator of a power boat commits an offence if the boat—\n(a) is—\n(i) 7m or more, but less than 12m, in length; or\n(ii) under 7m in length and has a maximum speed of more than\n7 knots; and\n\nPart 8 Lights and shapes\nDivision 8.2 Boats underway at night or when visibility is restricted\nSection 49\npage 36 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) does not show sidelights and—\n(i) a masthead light and a sternlight; or\n(ii) an all round white light.\nMaximum penalty: 20 penalty units.\n(3) The operator of a power boat commits an offence if the boat—\n(a) is 12m or more, but less than 20m, in length; and\n(b) does not show a sternlight, a masthead light and—\n(i) separate sidelights; or\n(ii) combined sidelights.\nMaximum penalty: 20 penalty units.\n(4) The operator of a power boat commits an offence if the boat—\n(a) is 20m or more in length; and\n(b) does not show a sternlight, a masthead light and separate\nsidelights.\nMaximum penalty: 20 penalty units.\n(5) An offence against this section is a strict liability offence.\n(6) In this section:\nall round white light, for a power boat, means a white all round light\nthat is placed—\n(a) as far as practicable, over the boat’s fore and aft centreline; and\n(b) at least 1m above the boat’s—\n(i) for a boat with sidelights—sidelights; or\n(ii) for a boat without sidelights—gunwale.\n\nLights and shapes Part 8\nBoats underway at night or when visibility is restricted Division 8.2\nSection 50\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nmasthead light, for a power boat, means a white light that—\n(a) is placed—\n(i) as far as practicable, over the boat’s fore and aft centreline;\nand\n(ii) at least 1m above the boat’s sidelights; and\n(b) shows an unbroken light over an arc of the horizon of\n225 degrees; and\n(c) is fixed to show from anywhere ahead, to just behind the beam\nof the boat on both sides.\n50 Lights for sailing boats underway and boats being rowed\n(1) The operator of a sailing boat under 7m in length, or a boat being\nrowed, commits an offence if the boat does not—\n(a) if practicable—show—\n(i) a combined lantern; or\n(ii) separate sidelights and a sternlight; and\n(b) if it is not practicable to show the lights mentioned in\nparagraph (a)—\n(i) have on board an electric torch, or lighted lantern, that\nshows a white light and is ready for immediate use; and\n(ii) show the illuminated torch or lantern in a sufficient time to\nprevent a collision.\nMaximum penalty: 20 penalty units.\n\nPart 8 Lights and shapes\nDivision 8.2 Boats underway at night or when visibility is restricted\nSection 50\npage 38 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The operator of a sailing boat commits an offence if the boat—\n(a) is 7m or more, but less than 20m, in length; and\n(b) does not show—\n(i) a combined lantern; or\n(ii) separate sidelights and a sternlight.\nMaximum penalty: 20 penalty units.\n(3) The operator of a sailing boat commits an offence if the boat—\n(a) is 20m or more in length; and\n(b) does not show separate sidelights and a sternlight.\nMaximum penalty: 20 penalty units.\n(4) The operator of a sailing boat commits an offence if—\n(a) the boat—\n(i) does not have sidelights and a sternlight; or\n(ii) has a combined lantern; and\n(b) the boat displays—\n(i) a red all round light at or near the top of the mast; and\n(ii) a green all round light in a vertical line below the red light.\nMaximum penalty: 20 penalty units.\n(5) An offence against subsection (2), (3) or (4) is a strict liability\noffence.\n(6) In this section:\nboat does not include a rowing boat, dragon boat, kayak or canoe.\n\nLights and shapes Part 8\nBoats underway at night or when visibility is restricted Division 8.2\nSection 51\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n51 Lights to be carried by rowing boats, kayaks and canoes\n(1) The operator of a boat commits an offence if—\n(a) the boat—\n(i) is a rowing boat, dragon boat, kayak or canoe; and\n(ii) is 4m or more in length; and\n(iii) does not show an LED light on the fore end and aft end of\nthe boat; and\n(b) at least 1 LED light is not visible at a distance of 1km from the\nboat in any direction.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is a strict liability offence.\n(3) The operator of a rowing boat, dragon boat, kayak or canoe commits\nan offence if the boat—\n(a) is under 4m in length; and\n(b) does not—\n(i) have on board an electric torch, or lighted lantern, that\nshows a white light and is ready for immediate use; and\n(ii) show the illuminated torch or lantern in a sufficient time to\nprevent a collision.\nMaximum penalty: 20 penalty units.\n(4) In this section:\ncontinuous LED light means a white light-emitting diode that shows\na continuous light over an arc of the horizon of 360 degrees.\n\nPart 8 Lights and shapes\nDivision 8.3 Boats at anchor\nSection 52\npage 40 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nflashing LED light means a white light-emitting diode that—\n(a) shows a flashing light over an arc of the horizon of 360 degrees;\nand\n(b) flashes at least once per second.\nLED light means a continuous or flashing LED light.\nDivision 8.3 Boats at anchor\n52 Lights for boats at anchor on a lake at night\n(1) The operator of a boat commits an offence if the boat—\n(a) is at anchor on a lake at night or when visibility is restricted; and\n(b) does not show an all round white light.\nMaximum penalty: 20 penalty units.\n(2) This section does not apply to a boat less than 7m in length if the boat\nis not in or near a narrow channel, fairway or anchorage or in an area\nwhere other boats normally navigate.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\nDivision 8.4 Diving boats, dredges etc and\nemergency lights\n53 Lights on certain boats restricted in their ability to\nmanoeuvre\n(1) The operator of a boat commits an offence if the boat—\n(a) is engaged in underwater operations; and\n(b) is on a lake at night or when visibility is restricted; and\n(c) is restricted in its ability to manoeuvre; and\n\nLights and shapes Part 8\nDiving boats, dredges etc and emergency lights Division 8.4\nSection 53\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) does not show the following lights:\n(i) 2 red all round lights to indicate the side on which the\nunderwater operations are being carried out;\n(ii) 2 green all round lights to indicate the side on which\nanother boat may pass.\nMaximum penalty: 30 penalty units.\n(2) Subsection (1) does not apply for a boat if—\n(a) the boat is engaged in diving operations; and\n(b) it is impractical to exhibit all lights mentioned in\nsubsection (1) (d); and\n(c) the boat is showing the following:\n(i) 3 all round lights in a vertical line that—\n(A) is in a position where it can best be seen; and\n(B) has a red light as the highest and lowest light of the\nline; and\n(C) has a white light in the middle of the line;\n(ii) a rigid replica of the International Code flag “A” not less\nthan 1m in height in a visible position.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) In this section:\nboat means a boat more than 12m in length.\nunderwater operations includes dredging operations and diving\noperations.\n\nPart 8 Lights and shapes\nDivision 8.4 Diving boats, dredges etc and emergency lights\nSection 54\npage 42 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n54 Shapes on certain boats restricted in their ability to\nmanoeuvre\n(1) The operator of a boat commits an offence if the boat—\n(a) is engaged in underwater operations; and\n(b) is restricted in its ability to manoeuvre; and\n(c) is on a lake during the day; and\n(d) does not show the following shapes:\n(i) 2 balls in a vertical line to indicate the side on which the\nunderwater operations are being carried out;\n(ii) 2 diamonds in a vertical line to indicate the side on which\nanother boat may pass.\nMaximum penalty: 30 penalty units.\n(2) Subsection (1) does not apply for a boat if—\n(a) the boat is engaged in diving operations; and\n(b) it is impractical to exhibit all shapes mentioned in subsection (1)\n(d); and\n(c) the boat is showing the following:\n(i) 3 all round lights in a vertical line that—\n(A) is in a position where it can best be seen; and\n(B) has a red light as the highest and lowest light of the\nline; and\n(C) has a white light in the middle of the line;\n(ii) a rigid replica of the International Code flag “A” not less\nthan 1m in height in a visible position.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n\nLights and shapes Part 8\nDiving boats, dredges etc and emergency lights Division 8.4\nSection 55\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nboat means a boat more than 12m in length.\nunderwater operations includes dredging operations and diving\noperations.\n55 Emergency lights\n(1) The operator of a boat commits an offence if the boat—\n(a) is under way, or anchored; and\n(b) is on a lake at night or when visibility is restricted; and\n(c) does not carry an electric torch or ignited lantern ready for\nimmediate use.\nMaximum penalty: 30 penalty units.\n(2) The operator of a boat commits an offence if—\n(a) the boat is under way, or anchored; and\n(b) the boat is on a lake at night or when visibility is restricted; and\n(c) a light required to be shown under this division fails; and\n(d) the boat does not show the illuminated torch or lantern\nmentioned in subsection (1) (c) instead of the failed light.\nMaximum penalty: 30 penalty units.\n(3) An offence against this section is a strict liability offence.\n(4) This section does not apply for a boat that is required to carry a torch\nor lantern under section 50 (1) (b) or section 51 (3) (b).\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n\nPart 9 Unnecessary use of lights and signals\nSection 56\npage 44 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 9 Unnecessary use of lights and\nsignals\n56 Unnecessary use of distress signals\n(1) A person commits an offence if the person—\n(a) is on a boat on a lake; and\n(b) uses distress signalling equipment or makes a distress signal\nother than for the purpose of indicating distress.\nMaximum penalty: 30 penalty units.\n(2) A person commits an offence if the person—\n(a) is in a lake area; and\n(b) uses distress signalling equipment or makes a distress signal in\ncircumstances where there was no distress to a person or boat in\nthe lake area.\nMaximum penalty: 30 penalty units.\n(3) A person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) another person on the boat uses distress signalling equipment or\nmakes a distress signal in circumstances where there was no\ndistress to a person or boat in the lake area.\nMaximum penalty: 30 penalty units.\n57 Unnecessary use of lights and signals\n(1) A person commits an offence if—\n(a) the person is on a boat on a lake or in a lake area; and\n(b) the person displays or makes a light or other visual signal or\nmakes a sound signal; and\n\nUnnecessary use of lights and signals Part 9\nSection 58\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the light or signal is of a kind used as a warning or guide to boats;\nand\n(d) the person does not have an adequate reason to display or make\nthe light or signal.\nMaximum penalty: 30 penalty units.\n(2) A person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) another person on the boat displays or makes a light or other\nvisual signal or makes a sound signal; and\n(c) the light or signal is of a kind used as a warning or guide to boats;\nand\n(d) the other person does not have an adequate reason to display or\nmake the light or signal.\nMaximum penalty: 30 penalty units.\n58 Unauthorised use of emergency patrol signals\n(1) A person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the boat displays an emergency patrol signal.\nMaximum penalty: 30 penalty units.\n(2) Subsection (1) does not apply to a defendant if the defendant—\n(a) has been allowed, in writing, by a police officer to display the\nemergency patrol signal for carrying out an emergency patrol;\nor\n(b) operated the boat for a relevant person for the purpose of\ncarrying out an emergency patrol.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n\nPart 9 Unnecessary use of lights and signals\nSection 58\npage 46 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nrelevant person means—\n(a) a member of the ambulance service; or\n(b) a member of the fire and rescue service; or\n(c) a member of the rural fire service; or\n(d) a member of the SES; or\n(e) a police officer.\n\nObstructions to navigation Part 10\nSection 59\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 10 Obstructions to navigation\n59 Failing to warn about obstructions\nA person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the boat, or any equipment associated with the boat, is a\npotential obstruction to navigation for, or a danger to, another\nboat on the lake; and\n(c) the person does not warn the person operating the other boat of\nthe potential obstruction or danger.\nMaximum penalty: 30 penalty units.\n60 Obstructing fairways and channels\nA person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the boat obstructs, or restricts or impedes access to, a fairway or\nchannel in the lake.\nMaximum penalty: 30 penalty units.\n61 Obstructing wharves and jetties\n(1) A person commits an offence if—\n(a) the person operates a boat on a lake; and\n(b) the boat obstructs the approach to, or restricts or impedes the\nproper use of, a landing place in the lake area.\nMaximum penalty: 30 penalty units.\n\nPart 10 Obstructions to navigation\nSection 62\npage 48 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\nlanding place means a wharf, jetty, boatshed, slip, launching ramp,\ncourtesy or emergency mooring.\noperate, a boat, does not include to launch, land, or moor the boat.\n62 Obstructing boats\n(1) A person commits an offence if the person obstructs, or impedes—\n(a) the launching or securing of a boat on a lake; or\n(b) the removal of a boat from a lake.\nMaximum penalty: 30 penalty units.\n(2) A person commits an offence if the person obstructs, or impedes the\nsafe navigation of a boat on a lake.\nMaximum penalty: 30 penalty units.\n63 Obstructing passengers\nA person commits an offence if the person obstructs or impedes\npassengers from embarking on or disembarking from a boat on a lake.\nMaximum penalty: 30 penalty units.\n64 Obstructing cargo\nA person commits an offence if the person obstructs or impedes the\nloading or unloading of cargo to or from a boat on a lake.\nMaximum penalty: 30 penalty units.\n\nObstructions to navigation Part 10\nSection 65\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n65 Causing obstruction, nuisance or damage with objects\n(1) A person commits an offence if—\n(a) the person—\n(i) throws an object into a lake; or\n(ii) does anything else that results in an object being in, or\nextending over, a lake; and\n(b) the object obstructs, or is likely to obstruct, a boat from\nnavigating the lake.\nMaximum penalty: 30 penalty units.\n(2) A person commits an offence if—\n(a) the person—\n(i) throws an object into a lake; or\n(ii) does anything else that results in an object being in, or\nextending over, a lake; and\n(b) the object causes, or is likely to cause, a nuisance or danger to a\nperson.\nMaximum penalty: 30 penalty units.\n(3) A person commits an offence if—\n(a) the person—\n(i) throws an object into a lake; or\n(ii) does anything else that results in an object being in, or\nextending over, a lake; and\n(b) the object causes, or is likely to cause, damage to property.\nMaximum penalty: 30 penalty units.\n\nPart 10 Obstructions to navigation\nSection 66\npage 50 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nthrow, into a lake, includes propel, or project into, the lake.\n66 Failing to light or mark obstructions\nA person commits an offence if—\n(a) the person owns an obstruction to navigation; and\n(b) the obstruction is in a lake area; and\n(c) the person does not mark or light the obstruction in a way that\nallows for the safe navigation of boats in the lake area.\nMaximum penalty: 30 penalty units.\nNote The Act, s 56 provides for directions to be given in relation to lighting or\nmarking obstructions.\n\nHatches and exterior doors on recreational boats Part 11\nSection 67\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 11 Hatches and exterior doors on\nrecreational boats\n67 Application—pt 11\nThis part does not apply in relation to a recreational boat if the boat—\n(a) is ordinarily operated in another 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 fewer than 90 consecutive days.\n68 Construction\n(1) This section applies in relation to a recreational boat if the hull\nconstruction of the boat commenced on or after 1 January 1991.\n(2) The owner of a recreational boat commits an offence if—\n(a) the boat is operating on a lake; and\n(b) a hatch or exterior door on the boat that can be used to enter or\nleave the boat cannot be opened from both the outside and the\ninside of the boat.\nMaximum penalty: 30 penalty units.\n(3) A person commits an offence if—\n(a) the person operates a recreational boat on a lake; and\n(b) a hatch or exterior door on the boat that can be used to enter or\nleave the boat cannot be opened from both the outside and the\ninside of the boat.\nMaximum penalty: 30 penalty units.\n\nPart 11 Hatches and exterior doors on recreational boats\nSection 69\npage 52 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A person commits an offence if—\n(a) the person supplies a recreational boat to another person; and\n(b) the person knows that the boat will be, or is likely to be, used\nfor recreational purposes on a lake; and\n(c) a hatch or exterior door on the boat that can be used to enter or\nleave the boat cannot be opened from both the outside and the\ninside of the boat.\nMaximum penalty: 30 penalty units.\n69 Locking hatches and exterior doors\nA person commits an offence if—\n(a) the person operates a recreational boat on a lake; and\n(b) a hatch or exterior door on the boat that can be used to enter or\nleave the boat is locked while the boat is under way; and\n(c) it is reasonably practicable for the door or hatch to be unlocked\nwhile the boat is under way.\nMaximum penalty: 30 penalty units.\n\nDictionary\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ambulance service\n• Australian/New Zealand Standard\n• breach\n• fire and rescue service\n• person (see s 160)\n• police officer\n• rural fire service\n• SES\n• State\n• the Territory.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Lakes Act 1976 (see Legislation Act, s 148). For example, the\nfollowing terms are defined in the Lakes Act 1976, dict:\n• boat\n• domestic commercial vessel\n• inspector\n• lake\n• lake area\n• master\n• obstruction to navigation\n• operate\n• power boat\n• recreational boat\n• RMS\n• under way.\n\nDictionary\npage 54 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\naccompanied sailing boat, for part 2 (Required number of lifejackets,\nrequired safety equipment and required standards—Act, s 47 (1) (a)\nand s 50)—see section 6.\nall round light, for part 8 (Lights and shapes)—see section 45.\nall round white light, for a boat, for part 8 (Lights and shapes)—see\nsection 45.\nchannel means an area of a lake that—\n(a) may be indicated by navigation marks; and\n(b) provides a passage for boats.\ncombined lantern, for a boat, for part 8 (Lights and shapes)—see\nsection 45.\ncombined sidelights, for a boat, for part 8 (Lights and shapes)—see\nsection 45.\ndragon boat means a boat that is—\n(a) carvel constructed; and\n(b) propelled with paddles by a large crew; and\n(c) built so as to float if swamped or capsized.\ndragon boat operating requirements, for part 2 (Required number of\nlifejackets, required safety equipment and required standards—Act,\ns 47 (1) (a) and s 50)—see section 6.\nfairway means that part of an area of a lake that is usually used by\nboats for navigating through the area.\ngeneral requirement, for division 2.3 (Required safety equipment—\nAct, s 50)—see section 8.\nmasthead light, for a boat, for part 8 (Lights and shapes)—see\nsection 45.\n\nDictionary\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\noff-the-shore boat, for part 2 (Required number of lifejackets for\nboats—required safety equipment and required standards—Act,\ns 47 (1) (a) and s 50)—see section 6.\noperator, of a boat, for part 8 (Lights and shapes)—see section 45.\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 powered surfboard\n• a jet ski\nsailing boat means a boat with a sail, but does not include a boat when\nit is being propelled (in whole or part) by mechanical power.\nseparate sidelights, for a boat, for part 8 (Lights and shapes)—see\nsection 45.\nsidelights, for a boat, for part 8 (Lights and shapes)—see section 45.\nsmall boat, for part 2 (Required number of lifejackets for boats—\nrequired safety equipment and required standards—Act, s 47 (1) (a)\nand s 50)—see section 6.\nsmall tender, for part 2 (Required number of lifejackets for boats—\nrequired safety equipment and required standards—Act, s 47 (1) (a)\nand s 50)—see section 6.\nsternlight, for a boat, for part 8 (Lights and shapes)—see section 45.\ntender, for part 2 (Required number of lifejackets for boats—required\nsafety equipment and required standards—Act, s 47 (1) (a) and\ns 50)—see section 6.\nvisibility is restricted—see section 46.\n\nEndnotes\n1 About the endnotes\npage 56 Lakes Regulation 2019\nEffective: 10/05/19\nR1\n10/05/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\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\nEndnotes\nLegislation history 3\nR1\n10/05/19\nLakes Regulation 2019\nEffective: 10/05/19\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nLakes Regulation 2019 SL2019-8\nnotified LR 9 May 2019\ns 1, s 2 commenced 9 May 2019 (LA s 75 (1))\nremainder commenced 10 May 2019 (s 2)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\n© Australian Capital Territory 2019","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument is a subordinate regulation implementing the Lakes Act 1976: it sets technical and operational detail rather than expanding legislative scope. The republication record states 'Regulation not amended' and the legislation history shows only commencement entries, so the regulation does not alter the Act's substantive scope (see front matter and endnotes)."},"complexity_factors":["Detailed technical specifications for lights, shapes and visibility (precise arc degrees, light types, visibility distances) across Part 8 (ss45–55, 47), increasing compliance and inspection complexity.","Many numerical operational thresholds (speeds in knots, distance buffers in metres, vessel‑length cutoffs) that vary by situation and vessel type (ss20, 23, 49–51, 51(1)(b)).","Multiple strict‑liability offences and evidential burdens referencing the Criminal Code (s5 notes Criminal Code applies; numerous provisions labelled strict liability, e.g. ss18(2),19(2),20(2),21(2),22(2),47(4),50(5),51(2)).","Cross‑jurisdictional links and reliance on external approvals/standards (State registration requirements and RMS approvals in ss17–19, 21(3); external Australian Standard AS 1799.1‑2009 in ss14, 21(3)(b)(i)), raising interpretive and procurement issues.","Numerous vessel‑type exceptions and conditional carve‑outs (dragon boats, rowing shells, small tenders, accompanied sailing boats, domestic commercial vessels, race participants) dispersed through Parts 2, 3, 5, 11 (ss6–9,17,35,67), increasing ruleset branching.","Wide range of offences with uniform penalty maxima (commonly 30 penalty units) but differing mens rea and defences—creates variable legal risk and administrative enforcement choices (see many offence provisions, e.g. ss18,19,20,24,36,59–66).","Operational compliance burdens fall on owners/operators and suppliers (equipment, construction and labeling obligations, e.g. lifejackets, anchors, hatches, ss7–16,68–69) and on those who must mark or light obstructions (s66).","Enforcement discretion and administrative directions exist (inspectors may direct compliance with Part 5 rules — note to Part 5; evidential burdens noted in several sections, e.g. ss37(7) note, 52(2)), requiring agencies to interpret and apply subjective safety standards."],"plain_english_summary":"This regulation implements detailed safety, equipment, lighting and operational rules for boats on ACT lakes. It prescribes required lifejackets and safety kit, technical standards for lights and hatches, registration and right-of-way rules, numerical speed and distance limits, offences and penalties. It affects boat owners, operators, passengers, suppliers and enforcement officers because it creates compliance obligations, inspection powers and criminal offences (many strict‑liability) enforceable by fines."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original intent under the Lakes Act 1976. It operationalises the Act's provisions regarding safety equipment (sections 47, 50), registration, and conduct on lakes. The detailed technical specifications for lights and safety equipment reflect standard maritime regulatory practice rather than scope creep."},"complexity_factors":["Extensive cross-referencing to the parent Lakes Act 1976 and external Australian Standards (AS 1799.1-2009)","Numerous defined terms (approx. 25 in the Dictionary plus Part-specific definitions in sections 6 and 45)","Nested conditional logic with multiple exceptions: e.g., lifejacket requirements vary by boat type (dragon boat, rowing shell, small tender, accompanied sailing boat) and operational conditions","Tiered equipment requirements based on boat length thresholds (3m, 4m, 6m, 7m, 7.5m, 12m, 20m) and operational context (day/night, distance from shore)","Part 8 (Lights and shapes) contains highly technical specifications involving degrees of arc, nautical miles visibility, and specific light placements","Multiple offence provisions with varying penalty units (20 vs 30) and mixed strict liability/evidential burden frameworks","Interaction with Commonwealth law (Marine Safety (Domestic Commercial Vessel) National Law) and NSW regulations (RMS power ratings)"],"plain_english_summary":"This regulation governs boating on Canberra’s lakes and applies to anyone operating a vessel—recreational and commercial boats, powercraft, and paddlecraft. It mandates safety equipment, registration for powerboats, navigation and conduct standards (speed/distance, right of way, lights, hatch/door rules) to reduce accidents and aid rescues. Breaches can attract fines up to 30 penalty units (about $4,800)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/lakes-regulation-2019","history":"/api/acts/lakes-regulation-2019/history","analysis":"/api/acts/lakes-regulation-2019/analysis","conflicts":"/api/acts/lakes-regulation-2019/conflicts","importantCases":"/api/acts/lakes-regulation-2019/important-cases","documents":"/api/acts/lakes-regulation-2019/documents"}}