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Australian Capital Territory National Land (Lakes) Ordinance 2022
78Failure to wear lifejackets—defence
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78 Failure to wear lifejackets—defence
It is a defence to a prosecution of a person for an offence against subsection 76(2) or section 77 if the person proves that:
(a) the person was not operating the boat; and
(b) there was no available appropriate lifejacket on the boat when the person was required to wear an appropriate lifejacket.
Note: A defendant bears a legal burden in relation to the matter in this section (see section 13.4 of the Criminal Code).