61Conduct on power boats

61  Conduct on power boats

 (c) another person on the power boat extends a part of that person’s body outside the perimeter of the boat.

 (a) the person is on a power boat (other than a personal watercraft) on a lake; and

 (c) the person extends a part of the person’s body outside the perimeter of the boat.

 (c) another person is on the bow of the power boat in a position that puts that person at an increased risk of falling overboard.

 (a) the person is on the bow of a power boat (other than a personal watercraft) on a lake in a position that puts the person at an increased risk of falling overboard; and

 (b) the power boat is being propelled by its engine.

Penalty:  15 penalty units.

 (5) A person commits an offence of strict liability if:

 (c) another person is on, or is hanging onto, a swim ladder or swim platform attached to the power boat or the transom of the power boat.

 (6) A person commits an offence of strict liability if:

 (a) the person is on, or is hanging onto, a swim ladder or swim platform attached to a power boat or the transom of the power boat; and

 (b) the power boat is on a lake; and

 (c) the power boat is not a personal watercraft; and

  (d) the power boat is being propelled by its engine.

 (7) Subsections (1) to (6) do not apply to a person who is:

 (a) anchoring, mooring or casting off; or

 (b) fishing from a boat that is anchored, moored or drifting; or

 (c) involved in an activity relating to securing the safety of a person or property.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

 (8) Subsections (1) to (6) do not apply if the person’s conduct is authorised by a regulated activity permit.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).