21Offence—exceeding the appropriate power rating for a vessel

21 Offence—exceeding the appropriate power rating for a vessel

(1) A person commits an offence if: (a) the person operates a vessel in Territory waters; and (b) the vessel has a motor that exceeds the appropriate power rating for the vessel.

Penalty: 50 penalty units.

(2) In this section:

appropriate power rating for a vessel means:

(a) the power rating specified for the vessel by the manufacturer; or
(b) if there is no power rating specified for the vessel by the manufacturer or the power rating is not apparent:
(i) in the case of a vessel with an outboard motor—the maximum power capacity as calculated in accordance with section 2.6 of Australian Standard AS 1799.1—2009, Small craft—General requirements for power boats, as in force on the commencement day; or
(ii) in any other case—the power rating (if any) for vessels of that kind approved by RMS for the purposes of clause 13 of the Marine Safety Regulation 2016 (NSW), as in force on the commencement day.