69Lights on certain boats restricted in their ability to manoeuvre

69  Lights on certain boats restricted in their ability to manoeuvre

 (1) The master of a boat that is at least 12 metres in length commits an offence if:

 (a) the boat is engaged in underwater operations (including dredging operations and diving operations); and

 (c) the boat is restricted in its ability to manoeuvre; and

 (d) the boat does not show the following lights:

 (i) 2 red all‑round lights to indicate the side on which the underwater operations are being carried out;

 (ii) 2 green all‑round lights to indicate the side on which another boat may pass.

 (a) the boat is engaged in diving operations; and

 (b) it is impractical to show all of the lights mentioned in paragraph (1)(d); and

 (c) the boat is showing the following:

 (i) 3 all‑round lights in a vertical line in a position where it can best be seen, with red lights at the top and bottom of the line and a white light in the middle of the line;

 (ii) a rigid replica of the International Code of Signals flag “A” that is at least 1 metre in height and in a visible position.

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