Lakes Act 1976

1 Name of Act This Act is the Lakes Act 1976.

2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Preliminary Part 1

5 Application This Act applies only in relation to territory land. Note 1 This Act applies in relation to lakes and lake areas in the Territory and the lake area of Lake Burley Griffin to the extent that it is territory land (see dict, def lake and lake area). The Australian Capital Territory National Land (Lakes) Ordinance 2022 (Cwlth) applies to the remaining area of Lake Burley Griffin that is national land (see Legislation Act, dict, def national land). Note 2 This Act applies to a domestic commercial vessel operating on a lake and operates concurrently with the Marine Safety (Domestic Commercial Vessel) National Law to the extent described in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cwlth), s 6.

6 Application of Act to inspectors An offence in part 4 (Use of a lake) does not apply to an inspector exercising a function of the inspector under this Act. Note 1 An inspector includes the delegate for lakes and a police officer (see s 89). Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). Note 3 The defendant has an evidential burden in relation to the matters mentioned in this section (see Criminal Code, s 58).

7 Application of Act in emergencies (1) This Act (other than part 6 (Drug and alcohol offences)) does not apply to— (a) the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of— (i) protecting life or property; or (ii) controlling, extinguishing or preventing the spread of a fire; and

(b) action by an authorised officer to prevent, minimise or remedy serious or material environmental harm under the Environment Protection Act 1997, division 11.3 (Emergency powers). mentioned in s (1) (see Criminal Code, s 58). authorised officer means— (a) an authorised officer under the Environment Protection Act 1997, section 14; and (b) a person acting under the direction of an authorised officer. Note An authorised officer includes the Environment Protection Authority (see Environment Protection Act 1997, s 14 (2)). emergency controller—see the Emergencies Act 2004, dictionary. relevant person means— (a) an emergency controller; or (b) a member of the ambulance service; or (c) a member of the fire and rescue service; or (d) a member of the rural fire service; or (e) a member of the SES; or (f) any other person under the control of— (i) an emergency controller; or (ii) the chief officer (ambulance service); or (iii) the chief officer (fire and rescue service); or (iv) the chief officer (rural fire service); or (v) the chief officer (SES); or (g) a police officer.

Preliminary Part 1

8 Relationship to environmental and health laws (1) This Act must be construed and administered in a way that is consistent with an environmental law or a health law unless the contrary intention appears from this Act or that law. (2) This Act is taken to be consistent with an environmental law or a health law to the extent that it is capable of operating concurrently with that law. (3) In this section: environmental law means a territory law that has the protection of the environment as one of its objects or purposes. health law means a territory law that has the protection of public health as one of its objects or purposes.

9 Declaration of area as lake (1) The Minister may declare an area to be a lake for this Act. (2) A declaration is a notifiable instrument.

10 Delegate for lakes The director-general must appoint a public servant as the Delegate for Lakes. Note 1 For the making of appointments (including acting appointments), see Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Control of a lake Part 3

11 Alterations in flow and water level (1) For the purposes of the maintenance and preservation of a lake and the maintenance, testing and preservation of associated works, the Minister may authorise— (a) a raising or lowering, by any means, of the level of water in a lake; or (b) stopping the flow, or reducing the rate of flow, of water from a lake; or (c) the flow, or an increase in the rate of flow, of water from a lake. (2) The Minister must ensure that any action necessary to minimise any detriment, inconvenience and damage that may result from doing something under subsection (1) is taken. (3) The Minister must not authorise the doing of an act under subsection (1) without first consulting with the environment protection authority.

12 Compensation for damage (1) Where any land is injuriously affected by the doing of an act authorised by the Minister under section 11 (1), the owner of the land— (a) must be paid compensation by the Territory; and (b) is not entitled to any other remedy or relief; in respect of the injurious affection of the land. (2) Compensation referred to in subsection (1) is to be determined by the

(3) This section does not exclude or limit any liability of the Territory or a person apart from this section in respect of a matter in relation to which compensation is not payable under this section. owner, of land, includes anyone with an interest in the land.

13 Meaning of operate—pt 4 In this part (other than in section 20 and section 21): operate, in relation to a person who is an owner of a boat, includes causing or allowing someone else to operate the boat.

14 Erection of signs The Minister may, by a sign erected or displayed within a lake area— (a) specify an area in the vicinity of, and defined in, the sign as— (i) a launching area; or (ii) a mooring area; or (iii) a beaching area; or (iv) a swimming area; or (v) an area within which embarkation on to, or disembarkation from, a boat is not permitted; or (vi) an area within which the embarkation on to, or disembarkation from, a boat other than a boat of a kind specified in the sign is not permitted; or (vii) an area within which the landing of boats is not permitted; or (viii) an area within which bathing or swimming in, or diving into, the lake is not permitted; or (b) give information or warning to people using the lake area.

15 General restrictions on boats (1) A person must not— (a) put a boat in a lake, or take a boat from a lake, at a place that is not a launching area under section 14; or (b) moor a boat on a lake at a place that is not in a mooring area under section 14; or (c) beach, clean or repair a boat in a lake area at a place that is not a beaching area under section 14; or (d) embark on, or disembark from, a boat on a lake in contravention of a sign under section 14; or (e) land a boat on a lake shore, or an island in a lake, in contravention of a sign under section 14.

16 Restrictions on bathing, swimming and diving (1) A person must not— (a) bathe or swim in a lake directly under a bridge; or (b) dive into a lake from, or directly under, a bridge; or (c) bathe or swim in a lake, or dive into a lake, in contravention of a sign under section 14.

17 Interference etc with signs (1) A person commits an offence if the person interferes with, changes or removes a sign under section 14.

18 Approved buoys, wharves and jetties (1) The Minister may, upon application made to the Minister in writing, approve, subject to such conditions (if any) as the Minister thinks necessary, the anchoring of a buoy in a lake or the erection of a wharf or jetty within a lake area. (a) the person anchors a buoy in a lake; and (b) the anchoring is not approved under subsection (1). (a) the person erects a wharf or jetty in a lake area; and (b) the erection is not approved under subsection (1). (a) the person moors a boat in a mooring area under section 14; and (b) the boat is moored to something other than— (i) a buoy anchored in accordance with an approval under subsection (1); or

(ii) a wharf or jetty erected in accordance with an approval under subsection (1). (5) An offence against this section is a strict liability offence.

19 Restrictions on mooring (1) The Minister may, by a sign installed at or near a wharf or jetty in a lake area, restrict the mooring of boats to the wharf or jetty to boats of a kind indicated by the sign. (2) A person must not moor a boat to a wharf or jetty in contravention of a sign under subsection (1).

20 Speed limits (1) The Minister may, by a sign placed in a lake area, state the speed limit for operating a boat on the lake in the lake area. (b) the boat is operated at a speed greater than the speed limit that applies for operating a boat on the lake. Maximum penalty: 20 penalty units.

21 Restrictions on kinds of boats (1) The Minister may, by a sign placed in a lake area, state— (a) the kinds of boats that may be operated on the lake in the lake area; and

(b) the purposes for which a kind of boat may be operated on the lake in the lake area. (b) the boat— (i) is not a kind of boat that may be operated on the lake; or (ii) is not operated for a purpose for which that kind of boat may be operated on the lake. Maximum penalty: 20 penalty units.

22 Prohibition of use of lake area or parts of lake (1) The Minister may declare one or both of the following: (a) that entry to a lake area is prohibited; (b) that an area of a lake is a prohibited area. (2) A declaration under subsection (1) is a notifiable instrument. (3) The Minister must give additional public notice of a declaration. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument. (4) The Minister must not prohibit entry to a lake or declare an area of a lake to be a prohibited area unless— (a) the condition of the waters of a lake or that area, as the case may be, is such as to constitute a threat to the health of a person entering those waters; or

(b) the prohibition or declaration is reasonably necessary in connection with the maintenance or preservation of a lake or the maintenance, preservation or testing of an associated work; or (c) the chief police officer has given to the Minister a certificate in writing stating that the prohibition or declaration, as the case may be, is reasonably necessary to enable police officers to carry out their duties in a lake or in a lake area; or (d) by reason of an emergency in a lake or a lake area, it is necessary or desirable to do so; or (e) to do so is otherwise in the public interest. (5) The Minister may cause a boundary of a prohibited area to be defined by such means as the Minister thinks necessary. (6) A person commits an offence if— (a) the person enters, or remains in, a lake area; and (b) entry to the area is prohibited under subsection (1); and (c) an inspector has told the person that entry to the area is prohibited. (7) A person commits an offence if— (a) the person enters, or remains in, a prohibited area of a lake; and (b) an inspector has told the person that— (i) the area is a prohibited area; and (ii) the person must not enter, or remain in, the area. (8) An offence against this section is a strict liability offence.

23 Closing of parts of lake for certain events (1) The Minister may declare one or both of the following: (a) that part of a lake is a closed area for the period stated in the declaration; and (b) that an entity is authorised to conduct a stated event in the closed area during the stated period. Note Entity includes an unincorporated body (see Legislation Act, dict, pt 1). (2) A declaration is a notifiable instrument. (3) The Minister must give additional public notice of a declaration. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument. (a) the person enters the closed area during the period stated in the declaration; and (b) if subsection (1) (b) applies—the entry is not authorised by the entity authorised by the declaration. (5) An offence against this section is a strict liability offence. (6) In this section: event means a regatta, exhibition, sporting contest or other display.

24 Access to leased or occupied land The Minister must not— (a) in a declaration under section 22, prohibit entry to or declare to be a prohibited area; or

(b) in a declaration under section 23, declare to be a closed area; part of a lake area that provides access to land held under lease from the Commonwealth or occupied with the authority of the Territory or the Commonwealth or by virtue of a law in force in the Territory.

25 Anchoring boats at night (1) A person must not anchor a boat on a lake at night. (3) It is a defence to a prosecution for an offence against this section if the defendant proves that— (a) the boat was anchored to allow fishing by a hand-held rod and line; and (b) the defendant or someone else was fishing by a hand-held rod and line for most of the time the boat was anchored.

26 Mooring of boats (1) The Minister may give a person a written permit to moor a boat in a mooring area under section 14. (2) The permit remains in force for the period, no longer than 12 months, stated in the permit. (a) moors a boat on a lake; and (b) does not have a permit for the mooring. (4) An offence against this section is a strict liability offence.

27 Use of power boats—interstate licence holders (1) This section applies to a person who holds a licence or permit (however described) under the law of a State or the Commonwealth that authorises the person to operate a power boat. Example A licence or permit includes a certificate of competency under the Marine Safety (Domestic Commercial Vessel) National Law. (2) The person is authorised to operate a power boat on a lake if the person complies with— (a) any conditions or restrictions (however described) to which the person’s licence or permit is subject; and (b) any conditions determined by the Minister for this section. Example—par (a) If a licence authorises a person to operate a power boat of up to a stated engine capacity, the person is authorised to operate a power boat of not more than that engine capacity on a lake. Note A land management plan under the Planning Act 2023 may restrict or prohibit certain activities on a lake. (3) A determination under subsection (2) (b) is a notifiable instrument.

28 Power boats operated under 10 knots (1) A person may operate a power boat on a lake if— (a) the power boat is not a personal watercraft; and (b) the power boat is operated at a speed of less than 10 knots; and (c) the person complies with any condition determined by the Note A land management plan under the Planning Act 2023 may restrict or prohibit the use of a power boat on a lake. (2) A determination is a notifiable instrument.

(3) In this section: personal watercraft means a power boat that— (a) has a fully enclosed hull; and (b) does not retain water that is taken on if it capsizes; and (c) is designed to be operated by a person lying, standing, sitting astride, or kneeling on the boat but not seated within the boat. Examples • a jet ski • a jet powered surfboard

29 Use of power boats—other people (1) The Minister may, on any conditions that the Minister considers appropriate, authorise, by written notice, the use of a power boat in or on a lake— (a) by a sports club in relation to the training of people for, or the conduct of, a competition in an aquatic sport; or (b) by other people for the purposes the Minister approves. (2) Before authorising the operation of a power boat on Kingston Harbour or Molonglo Reach under subsection (1), the Minister must give a copy of the draft authorisation to the Commonwealth Minister for comment. (3) In deciding whether to authorise the operation of a power boat on Kingston Harbour or Molonglo Reach under subsection (1), the Minister must take into account the Commonwealth Minister’s comments (if any) received within 15 days from the day the Commonwealth Minister was given a copy of the draft authorisation.

(4) At any time after an authority is given under subsection (1), the Minister may, by notice in writing to the sports club or approved person, as the case may be— (a) impose further conditions on the authority; or (b) vary or revoke a condition on which the authority was given. (5) Where a sports club or approved person, to whom an authority under subsection (1) is granted— (a) fails to comply with a provision of this Act; or (b) fails to comply with the conditions (if any) subject to which the authority is granted; the Minister may, by notice in writing to the sports club or approved person, as the case may be, revoke the authority. (6) A notice under this section may be served on a sports club— (a) by giving a copy of the notice to a member of the governing body of the club; or (b) by sending it by prepaid post, addressed to the governing body of the club, at the club’s last-known address. Note For other ways of serving documents, see Legislation Act, pt 19.5. (7) An authorisation under the Australian Capital Territory National Land (Lakes) Ordinance 2022 (Cwlth), section 27 is taken to be an authorisation under this section to operate a power boat on Kingston Harbour and Molonglo Reach on the conditions (if any) imposed on the authorisation.

30 Restrictions—power boats (a) the person operates a power boat on a lake; and (b) the person is not allowed to operate the power boat on the lake under section 27, section 28 or section 29. (a) the person is a passenger in a power boat on a lake; and (b) another person, who is not allowed to operate the power boat on the lake under section 27, section 28 or section 29, operates the power boat; and (c) the person knows the other person is not allowed to operate the power boat. (3) An offence against subsection (1) is a strict liability offence. Note An authorisation under the Australian Capital Territory National Land (Lakes) Ordinance 2022 (Cwlth), s 27 is taken to be an authorisation under s 29 of this Act to operate a power boat on Kingston Harbour and Molonglo Reach (see s 29 (7)).

31 Restriction on use of hovercraft (1) The Minister may, on any conditions that the Minister considers appropriate, grant to a person a permit to use a hovercraft within or above a lake area. (a) uses a hovercraft in or over a lake area; and

(b) does not have a permit for the use.

32 Removal of vehicles and boats from a lake etc (1) Where, in the opinion of an inspector, a vehicle or boat in a lake area— (a) is obstructing or is likely to obstruct the free passage of any person, vehicle or boat in the lake area; or (b) should, in the interests of safety or of the public, be moved; the inspector may direct the owner or person in charge of the vehicle or boat to move it to another place in, or to remove it from, the lake area. (2) Where an inspector— (a) is unable to give a direction under subsection (1) by reason of the absence of the owner or person in charge of the vehicle or boat; or (b) gives a direction under subsection (1) and the owner or person in charge of the vehicle or boat contravenes the direction; the inspector may, with such assistance (if any) and by such means, as the inspector thinks necessary, move the vehicle or boat to another place in, or remove it from, the lake area. (3) Where an inspector, in the exercise of the inspector’s powers under subsection (2), moves or removes a vehicle or boat, the Territory may recover the cost of the moving or removing, as the case may be, of the vehicle or boat as a debt in a court of competent jurisdiction. (4) An inspector is not liable for any damage to a vehicle or boat caused by them when exercising their powers under this section.

33 Houseboats prohibited (1) A person must not use a boat as a houseboat or place of living in a lake area.

34 Camping and caravanning (1) A person must not camp, or keep a caravan, in a lake area at night.

35 Agreements for use of lake areas (1) The Minister may enter into an agreement with a person to undertake a commercial activity in a lake area. (2) Before entering into an agreement under subsection (1) in relation to the lake area of Lake Burley Griffin, the lake area of Kingston Harbour, or the lake area of Molonglo Reach the Minister must give a copy of the draft agreement to the Commonwealth Minister for comment. Note This Act applies to the lake area of Lake Burley Griffin to the extent that it is territory land (see s 5). (3) In deciding whether to enter into the agreement under subsection (1), the Minister must take into account the Commonwealth Minister’s comments (if any) received by the Minister within 15 days from the day the Commonwealth Minister was given a copy of the draft agreement.

(4) An agreement to undertake a commercial activity in a lake area under the Australian Capital Territory National Land (Lakes) Ordinance 2022 (Cwlth), section 34 is taken to be an agreement under this section to undertake a commercial activity on the lake area of— (a) Lake Burley Griffin; and Note This Act applies to the lake area of Lake Burley Griffin to the extent that it is territory land (see s 5). (b) Kingston Harbour; and (c) Molonglo Reach.

36 Commercial activities in lake area (a) the person undertakes a commercial activity in a lake area; and (b) the activity is not undertaken in accordance with an agreement under section 35. Note An agreement to undertake a commercial activity in a lake area under the Australian Capital Territory National Land (Lakes) Ordinance 2022 (Cwlth), s 35 is taken to be an agreement under this Act to undertake a commercial activity in the lake area of Lake Burley Griffin, the lake area of Kingston Harbour, and the lake area of Molonglo Reach (see s 35 (4)).

37 Power to charge for admission (1) The Minister may, on any day or part of a day, authorise the delegate for lakes to make a charge for admission to a lake area or a part of a lake area and, if authorised, the delegate may exclude from the lake area or the part of the lake area, as the case may be, a person who does not pay the admission charge.

(2) The Minister may, in writing, grant to a person the exclusive right to occupy and use a part of a lake area specified in the instrument for the period, for the purpose and on the conditions (if any) specified in the instrument. (3) Where the Minister, under subsection (2), grants to a person an exclusive right of occupation and use of a part of a lake area, the person may make a charge, not exceeding an amount approved by the Minister, for admission to that part of the lake area during the period in respect of which that right is granted and may exclude any other person who does not pay the admission charge.

Safe operation of boats Division 5.1

38 Operating unsafe boats A person commits an offence if— (b) the boat is unsafe. Note Unsafe—see the dictionary.

39 Reckless or negligent operation of boats (b) the operation gives rise to the danger of— (i) harm or death to someone else; or (ii) damage to property; and (c) the person is reckless or negligent about the operation giving rise to the danger. harm—see the Criminal Code, dictionary.

40 Climbing onto boats (a) the person climbs onto, or attaches themself to, a boat on a lake; and (b) the person in charge of the boat has not allowed the person to climb onto, or attach themself, to the boat. person in charge, of a boat, means the owner or master of the boat.

41 Meaning of appropriate lifejacket—div 5.2 (1) In this division: appropriate lifejacket— (a) means a lifejacket that meets any of the following standards: (i) a performance standard 50S, 50, 100, 150 or 275 of AS 4758 (Lifejackets) as in force from time to time; Note The standard may be purchased at www.standards.org.au. (ii) any standard or specifications approved, from time to time, by TfNSW for lifejackets to be carried on recreational vessels; but Note TfNSW approves lifejackets under the Marine Safety Regulation 2016 (NSW). (b) does not include a lifejacket that— (i) relies solely on oral inflation for buoyancy; or (ii) is not the correct size for the wearer; or

(iii) was acquired, or serviced, more than 12 months (or more, if indicated by the manufacturer’s instructions) before the date it is being worn by a person or carried on a boat. TfNSW—see the Transport Administration Act 1988 (NSW), section 3.

42 Children under 12 years (a) the person operates a recreational boat on a lake; and (b) the boat is under 8m in length and under way; and (c) a child under 12 years old is— (i) in an open area on the boat; and (ii) not wearing an appropriate lifejacket. (3) It is a defence to a prosecution for an offence against this section, if the defendant proves that the defendant took all reasonable steps to ensure that the child was wearing an appropriate lifejacket. s (3) (see Criminal Code, s 59).

43 Recreational boats under 4.8m and off-the-shore boats (a) the person is on a recreational boat or off-the-shore boat on a lake; and (b) the person is not wearing an appropriate lifejacket.

(a) the person operates a recreational boat or off-the-shore boat on a lake; and (b) another person on the boat is not wearing an appropriate lifejacket. off-the-shore boat— (a) means a sailing boat; but (b) does not include the following: (i) a boat that is ballasted; (ii) a boat that has a cabin or fixed keel; (iii) a boat that has an engine; (iv) a sailboard. Examples—par (a) • laser • hobie cat • skiff • catamaran recreational boat— (a) means a boat under 4.8m; but (b) does not include the following: (i) a kiteboard; (ii) a paddleboard;

(iii) a sailboard; (iv) a surfboard.

44 Directions by master to wear lifejackets (a) the person is on a recreational boat on a lake; and (b) the master of the boat directs the person to wear an appropriate lifejacket on the boat; and

45 Failure to wear lifejackets—defence It is a defence to a prosecution for an offence against section 43 or section 44 if the defendant proves that— (a) the defendant was not operating the boat; and (b) there was no available or appropriate lifejacket on the boat when the defendant was required to wear a lifejacket. s 43 (see Criminal Code, s 59).

46 Water skiing and other recreational activities (a) the person is operating a recreational boat on a lake; and (b) another person is— (i) being towed by the boat on or over the water; or (ii) wake boarding or wake surfing from the boat; and

(c) the other person is not wearing an appropriate lifejacket. (a) the person is— (i) being towed by a boat on or over a lake; or (ii) wake boarding or wake surfing from a boat on a lake; and (b) the person is not wearing an appropriate lifejacket. being towed, by a boat, includes water skiing or parasailing from a boat. wake boarding or wake surfing includes wake boarding or wake surfing without a rope.

47 Owners to ensure lifejackets available (1) A person operating a recreational boat on a lake, or the owner of a recreational boat operating on a lake, must ensure that— (a) the boat carries the required number of lifejackets prescribed by regulation for the type of boat; and (b) the lifejackets are appropriate lifejackets for the intended wearers; and (c) the lifejackets— (i) are in good condition; and (ii) are maintained in accordance with the manufacturer’s instructions (if any) provided for the lifejackets; and

(iii) are replaced when the manufacturer’s expiry date (if any) for the lifejackets is reached; and (iv) are stored on the boat in a place that— (A) enables the life jackets to be accessed quickly and easily; and (B) is marked with a clearly visible sign that has the word “lifejackets” on it in red letters on a white background or white letters on a red background. (a) operates a recreational boat on a lake, or is the owner of a recreational boat that is operating on a lake; and (b) the person fails to comply with the requirements in subsection (1).

48 Owners and operators to provide information about life jackets (1) An inspector may direct a person who is the owner or operator of a recreational boat that is operating on a lake to provide the inspector with information relating to the maintenance, condition or storage of the lifejackets for the recreational boat. (a) the person is given a direction under subsection (1); and (b) the person fails to provide the information stated in the direction within 24 hours after the direction was given. (4) Subsection (2) does not apply if the defendant has a reasonable excuse for failing to provide the information. mentioned in s (4) (see Criminal Code, s 58).

Other safety equipment Division 5.3

49 Application—div 5.3 This division does not apply in relation to a recreational boat if the boat— (a) is ordinarily operated in a State; and (b) complies with the requirements for safety equipment that apply to the boat in the State; and (c) has been in the Territory for less than 90 consecutive days.

50 Definitions—div 5.3 In this division: required safety equipment, for a boat, means the safety equipment prescribed by regulation. required standards, for safety equipment, means the standards prescribed by regulation.

51 Owners and operators to ensure safety equipment available (1) A person operating a recreational boat on a lake, or the owner of a recreational boat operating on a lake, must ensure that— (a) the boat carries the required safety equipment for the boat; and (b) the safety equipment is— (i) compliant with any required standards for the safety equipment; and (ii) in good condition; and (iii) maintained in accordance with the manufacturer’s instructions (if any) provided for the equipment; and (iv) replaced when the manufacturer’s expiry date (if any) for the equipment is reached; and (v) stored on the boat in a place that enables the equipment to be accessed quickly and easily. (a) operates a recreational boat on a lake, or is the owner of a recreational boat that is operating on a lake; and (b) fails to comply with the requirements in subsection (1).

52 Owners and operators to provide information about safety equipment (1) An inspector may direct a person who is the owner or operator of a recreational boat that is operating on a lake to provide the inspector with information relating to the maintenance, condition or storage of safety equipment for the recreational boat.

Safety directions Division 5.4 (b) fails to provide the information stated in the direction within 24 hours after the direction was given. (4) Subsection (2) does not apply if the defendant has a reasonable excuse for failing to provide the information. mentioned in s (4) (see Criminal Code, s 58).

53 Closing lake areas or parts of lake (1) This section applies if the Minister has signed a declaration under section 22 (1) but the declaration has not been notified. Note The Minister may declare entry to a lake area is prohibited, or a lake area is a prohibited area (see s 22). (2) An inspector may direct a person who is in a lake area to leave the area. (a) the person is given a direction by an inspector under subsection (2); and (b) at the time the direction is given, the inspector— (i) produces a copy of the signed declaration; and (ii) produces the inspector’s identity card to the person; and (iii) warns the person that failing to comply with the direction is an offence; and

(5) If an inspector requires the use of a vehicle or boat under a direction mentioned in subsection (2), the inspector is not liable to pay a fee for the use of the vehicle or boat.

54 Safe use of lake areas (1) An inspector may direct a person using a lake area, or associated works, to do or not to do something, if the inspector believes on reasonable grounds that the direction is necessary to— (a) ensure the safety of a person; or (b) ensure compliance with this Act; or (c) prevent damage to property in the lake area or associated works. (a) the person is given a direction by an inspector under (b) at the time the direction is given, the inspector— (i) produces the inspector’s identity card to the person; and (ii) warns the person that failing to comply with the direction is an offence; and (4) Subsection (2) applies to a person even if complying with the direction is an offence against another provision in this Act.

Safety directions Division 5.4 (5) It is a defence in a prosecution for an offence against this Act if the defendant proves that the defendant was complying with a direction given under subsection (1) at the time the offence was committed. s (5) (see Criminal Code, s 59). (6) If an inspector requires the use of a vehicle or boat under a direction mentioned in subsection (1), the inspector is not liable to pay a fee for the use of the vehicle or boat.

55 Passengers on domestic commercial vessels (1) A designated person for a domestic commercial vessel on a lake may direct a person not to board, or not to remain on board, the vessel if the designated person is of the opinion that the direction is necessary to ensure the number of people on the vessel does not exceed the maximum number of people the vessel is authorised to carry. (2) A designated person for a domestic commercial vessel on a lake may direct a person not to enter, or not to remain in, a part of the vessel if the designated person is of the opinion the direction is necessary to ensure the number of people on the part of the vessel does not exceed the maximum number of people the part of the vessel is authorised to carry. (3) A designated person for a domestic commercial vessel on a lake may direct a person on the vessel to move to, or from, a part of the vessel, or stop an activity in which the person is engaged on the vessel, if the designated person is of the opinion that the direction is necessary to ensure the proper management, operation or navigation of the vessel. (4) A designated person for a domestic commercial vessel on a lake must not give a direction under this section to a relevant officer exercising the officer’s functions.

(5) A person commits an offence if the person— (a) is given a direction under this section; and (6) An offence against subsection (5) is a strict liability offence. (7) In this section: designated person, for a domestic commercial vessel— (a) means a person on board the vessel who is responsible for the navigation, operation, or management of the vessel; and (b) for subsections (1) and (2)—includes a person who is responsible for the conduct of operations at the berth of the vessel. relevant officer means— (a) an inspector; or (b) a safety investigator; or (c) an officer of the Commonwealth or the Territory; or (d) an officer of a statutory authority created under a law of the Commonwealth or the Territory.

Division 5.5 Lighting, marking and removing obstructions

56 Lighting and marking obstructions (1) An inspector may direct the owner of an obstruction to navigation to— (a) mark or light the obstruction; and (b) maintain the marking or lighting in good condition; and

Lighting, marking and removing obstructions Division 5.5 (c) notify the inspector under subsection (5) of any defect in relation to the marking or lighting. (2) A direction under subsection (1)— (a) must be in writing; and (b) must state a time by which the marking or lighting is to be completed; and (c) may state how the lighting or marking is to be carried out; and (d) may state a period of time for which the marking or lighting must be maintained, including for an indefinite period. Note In particular, a direction given by an inspector under s (1) (c) must be in writing. (5) A person who has been given a direction under subsection (1) (c) must notify an inspector as soon as the person becomes aware of any defect in relation to the marking or lighting of the obstruction. (6) If the owner of an obstruction to navigation fails to comply with a direction under subsection (1) in the time stated in the direction, an inspector may take action to cause the obstruction to be marked or lit. (7) If an inspector takes action under subsection (6) in relation to an obstruction to navigation, the Territory may recover the reasonable costs and expenses of the action from the owner of, or the person responsible for, the obstruction. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

57 Notices to remove obstructions (1) An inspector may direct the owner of, or person responsible for, an obstruction to navigation to remove the obstruction. (2) A direction under subsection (1) must be in writing and state a time by which the obstruction must be removed.

58 Removing obstructions (1) An inspector may remove an obstruction to navigation in a way the inspector considers appropriate. (2) The removal of an obstruction under subsection (1) may include— (a) its destruction, if it is reasonable in the circumstances; or (b) authorising its removal by another entity. (3) The inspector may remove an obstruction under subsection (1) whether or not the inspector has given a direction under section 57. (4) If an inspector removes an obstruction under subsection (1), the Territory may recover the reasonable costs and expenses of the action from the owner of, or the person responsible for, the obstruction. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

Lighting, marking and removing obstructions Division 5.5

59 Disposing of obstructions (1) This section applies if an obstruction to navigation has been removed (other than by its destruction) under section 58. (2) An inspector may dispose of the thing that has been removed if— (a) the inspector has taken reasonable steps to return the thing to its owner; and (b) 1 or more of the following applies: (i) the inspector has been unable to locate the owner, despite making reasonable efforts; (ii) the owner has refused to take possession of the thing; (iii) the inspector has contacted the person about the return of the thing, and the person has not taken possession of the thing within 30 days from the date of the contact. (3) The inspector may dispose of the thing in a way the inspector considers appropriate.

60 Definitions—pt 6 high level means a concentration of 0.15g or more of alcohol in 210L of breath or 100mL of blood. low level means a concentration of 0.05g or more, but less than 0.08g, of alcohol in 210L of breath or 100mL of blood. medium level means a concentration of 0.08g or more, but less than 0.15g, of alcohol in 210L of breath or 100mL of blood. relevant period means the period that begins when a person stops operating a boat and ends at the latest time when— (a) a breath analysis of the person may be carried out under the Road Transport (Alcohol and Drugs) Act 1977 as it applies under section 50N in relation to the person; or (b) a sample of the person’s blood may be taken under the Road section 50N in relation to the person. Note The Road Transport (Alcohol and Drugs) Act 1977, pt 2 provides for breath analysis and the taking of samples from a person. special level means a concentration of more than 0g, but less than 0.05g, of alcohol in 210L of breath or 100mL of blood.

61 People under 18 years old (a) the person is under 18 years old; and (b) the person has been operating a boat on a lake; and

(c) the person has alcohol in the person’s blood or breath within the (d) the concentration of the alcohol in the person’s blood or breath is at a special level.

62 Special level of alcohol (a) the person has been operating a boat for a commercial purpose on a lake; and is at a special level.

63 Low level of alcohol is at a low level.

64 Medium level of alcohol is at a medium level. Maximum penalty: 10 penalty units, imprisonment for 6 months or

65 High level of alcohol is at a high level. Maximum penalty: 20 penalty units, imprisonment for 12 months or

66 Under the influence of alcohol or drugs (b) the person is under the influence of alcohol or a drug to the extent that the person is incapable of having proper control of the boat. Maximum penalty: 30 penalty units, imprisonment for 12 months or (2) If a person is charged with an offence against subsection (1)— (a) the charge may allege that the person was under the influence of alcohol or a drug; and (b) the charge in relation to subsection (1) (b) may be proven by showing the person was under the influence of alcohol, or a drug, or both, to the extent mentioned in the subsection. Note A police officer who has a screening device immediately available is not entitled to arrest a person for an offence against this section unless certain requirements are met (see s 73 and Road Transport (Alcohol and Drugs) Act 1977, s 45).

67 Drugs (b) the person has a prescribed drug in the person’s oral fluid or blood within the relevant period of operating the boat. Maximum penalty: 25 penalty units, imprisonment for 3 months or

(3) In a prosecution for an offence against this section, a person cannot rely on the Criminal Code, section 36 (Mistake of fact—strict liability) in relation to the identity of the prescribed drug if the person claims to have— (a) considered, and been under a mistaken belief about, the identity of the prescribed drug; and (b) believed that the prescribed drug was a controlled drug. (4) In a prosecution for an offence against subsection (1), evidence may be given that a person has a prescribed drug in the person’s oral fluid or blood based on— (a) for proof of the presence of a prescribed drug in the person’s oral fluid—an analysis of a part of a sample of the person’s oral fluid that— (i) is carried out in accordance with section 13G (Oral fluid— confirmatory analysis) of the Road Transport (Alcohol and Drugs) Act 1977 as it applies under section 50N in relation to the person; and (ii) indicates that a prescribed drug is present in the sample; or (b) for proof of the presence of a prescribed drug in the person’s blood—an analysis of a part of a sample of the person’s blood that— (i) is carried out in accordance with section 15A (Analysis of blood samples) of the Road Transport (Alcohol and Drugs) Act 1977 as it applies under section 50N in relation to the person; and (ii) indicates that a prescribed drug is present in the sample.

controlled drug—see the Criminal Code, section 600. prescribed drug—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary. relevant period means the period that begins when the person stops operating the boat and ends at the latest time when— (a) a breath or oral fluid analysis of the person may be carried out under the Road Transport (Alcohol and Drugs) Act 1977 as it applies under section 50N in relation to the person; or (b) a sample of the person’s blood may be taken under the Road section 50N in relation to the person. Note The Road Transport (Alcohol and Drugs) Act 1977, pt 2 provides for breath analysis and the taking of samples from a person.

68 Evidence of alcohol levels any of the following provisions: (a) section 61 (People under 18 years old); (b) section 62 (Special level of alcohol); (c) section 63 (Low level of alcohol); (d) section 64 (Medium level of alcohol); (e) section 65 (High level of alcohol).

(2) In a prosecution for an offence against a section mentioned in subsection (1), evidence may be given of alcohol in the person’s blood or breath based on an analysis of a sample of— (a) for proof of the concentration of alcohol in the person’s breath— the person’s breath carried out in accordance with the Road section 73 in relation to the person; or (b) for proof of the concentration of alcohol in the person’s blood— the person’s blood carried out at an approved laboratory and certified to be accurate by an analyst in accordance with the Road Transport (Alcohol and Drugs) Act 1977 as it applies under section 73 in relation to the person.

69 Alternative verdicts—medium level of alcohol section 64 (Medium level of alcohol) if the trier of fact is satisfied that, within the relevant period, the concentration of the alcohol in the person’s blood or breath was at low level but not at a medium level. (2) The trier of fact may find the person guilty of an offence against section 63 (Low level of alcohol) if the Court gives procedural fairness to the person before the finding of guilt.

70 Alternative verdicts—high level of alcohol section 65 (High level of alcohol) if the trier of fact is satisfied that, within the relevant period, the concentration of the alcohol in the person’s blood or breath was at a low level or medium level but not at a high level. (2) The trier of fact may find the person guilty of an offence mentioned in subsection (3) if the Court gives procedural fairness to the person before the finding of guilt.

(3) The offences for which a person may be found guilty are— (a) if the concentration was at a low level—section 63 (Low level of alcohol); or (b) if the concentration was at a medium level—section 64 (Medium level of alcohol).

71 Alternative verdicts—high, medium and low levels of section 63, section 64 or section 65 if the trier of fact is satisfied that, within the relevant period, the concentration of the alcohol in the person’s blood or breath was at a special level but not at a high level, medium level or low level. (2) The trier of fact may find the person guilty of an offence mentioned in subsection (3) if the Court gives procedural fairness to the person before the finding of guilt. (3) The offences for which a person may be found guilty are— (a) if the person is under 18 years old—section 61 (People under 18 years old); or (b) if the person was operating the boat for a commercial purpose— section 62 (Special level of alcohol).

72 Defence—special level of alcohol (1) This section applies if— (a) a person is charged with an offence against section 61 or section 62; and (b) the concentration of alcohol in the person’s blood or breath within the relevant period was less than 0.02g in 100mL of the person’s blood or 210L of the person’s breath.

(2) It is a defence to a prosecution for the offence if the defendant proves that the concentration of alcohol in the defendant’s blood or breath was caused by— (a) the consumption of an alcoholic beverage that formed part of a religious observance; or (b) the consumption or use of a substance that was not, entirely or partly, consumed or used for its alcohol content. Example—substance food or medicine that contains alcohol s (2) (see Criminal Code, s 59).

73 Application of Road Transport (Alcohol and Drugs) Act 1977 (1) A provision of the Road Transport (Alcohol and Drugs) Act 1977 mentioned in subsection (2) applies in relation to a person who operates a boat on a lake as if a reference to— (a) a road or road related area included a reference to a lake or lake area; and (b) a driver of a motor vehicle on a road in the Territory included a reference to a person operating a boat on a lake; and (c) a driver of a motor vehicle included a reference to a person who operates a boat; and (d) driving included a reference to operating; and (e) a motor vehicle included a reference to a boat; and (f) a motor vehicle involved in an accident included a reference to a boat involved in an accident; and (g) a prescribed concentration of alcohol included a reference to a low level, high level, medium level or special level of alcohol mentioned in section 60; and

(h) an offence against that Act, section 24 included a reference to an offence against this Act, section 66; and (i) an offence against that Act included a reference to an offence against this part; and (j) that Act included a reference to this part. (2) The following provisions of the Road Transport (Alcohol and Drugs) Act 1977 apply in relation to a person who operates a boat on a lake: (a) part 1; (b) part 1A (other than sections 4B to 4C, 4E and 4F); (c) part 2 (other than sections 9A, 10, 13BA, 13C, 15AA and 18B); (d) part 3 (other than sections 19 to 21C, 24, 24A, and 25 (2)); (e) part 7; (f) part 9 (other than section 50 and section 51); (g) schedule 1; (h) the dictionary (other than definitions that do not appear in provisions that apply to a person who operates a boat on a lake); (i) a provision of a regulation, as in force from time to time, made under the Road Transport (Alcohol and Drugs) Act 1977 for the purpose of the provisions mentioned in paragraphs (a) to (h). (3) If a provision of the Road Transport (Alcohol and Drugs) Act 1977 applies in relation to a person who operates a boat on a lake, an entity who has a function under that Act may exercise the function in relation to the person. Example Entities who have functions under the Road Transport (Alcohol and Drugs) Act 1977 include an analyst, a police officer, an authorised operator, a doctor or nurse, and an approved laboratory.

(4) Part 9 does not restrict the operation of a provision of the Road Transport (Alcohol and Drugs) Act 1977 that applies under this Note This section applies powers to collect evidence under the Road Transport (Alcohol and Drugs) Act 1977 that are in addition to, and not constrained by, any other powers under this Act. This section also applies offences from the Road Transport (Alcohol and Drugs) Act 1977 to a person who operates a boat on a lake.

Boating accidents Part 7

74 Obligation to stop (1) The master of a boat commits an offence if— (a) the boat is involved in a boating accident involving another boat or the death of, or injury to, a person; and (b) the master fails to stop the boat. (3) Subsection (1) does not apply if the defendant has a reasonable excuse for failing to stop the boat. mentioned in s (3) (see Criminal Code, s 58).

75 Obligation to give assistance The master of a boat commits an offence if— (a) the boat is involved in a boating accident involving another boat or the death of, or injury to, a person; and (b) the master negligently fails to give assistance to any person injured, or boat damaged, in the boating accident.

76 Obligation to produce licence and give particulars (1) The master of a boat commits an offence if— (a) the boat is involved in a boating accident; and (b) a person involved in the accident requests that the master gives the person any of the following information: (i) information from the master’s licence or permit (however described) that authorises the master to use the boat; (ii) the master’s name and address; (iii) the name and address of the boat’s owner; (iv) the name of the boat and any distinguishing number that is, or is required to be, displayed on the boat by law; and (c) the master fails to comply with the request. (3) Subsection (1) does not apply if the defendant has a reasonable excuse for failing to comply with the request. mentioned in s (3) (see Criminal Code, s 58).

77 Obligation to report boating accidents to the Minister (1) As soon as practicable after a boating accident, the master of a boat involved in the accident (and the owner of the boat if aware of the accident) must give a report to the Minister containing particulars of the boating accident. (2) A report is not required to be given if— (a) a report of the boating accident has already been given by the owner or master; or

Boating accidents Part 7 (b) the boating accident involves a recreational boat only and does not result in any of the following: (i) loss of life or injury to a person; (ii) property damage of a value greater than $5 000; (iii) damage to, or the risk of damage to, the environment. (a) is required to give a report to the Minister under subsection (1); and (b) fails to give the report to the Minister. particulars of the boating accident means the following: (a) the time, place and nature of the boating accident; (b) the name and distinguishing number (if any) of each boat involved in the boating accident; (c) the name and address of each person who was involved in, or was a material witness to, the boating accident; (d) a description of the estimated extent of any injury or damage, or any loss of life, resulting from the boating accident.

78 Obligation to preserve evidence A person commits an offence if— (a) the person is— (i) the owner or master of a boat involved in a boating accident; or (ii) otherwise involved in a boating accident; and (b) the person reasonably believes that evidence relating to the boating accident may be required for an investigation into the boating accident; and (c) the person negligently fails to preserve the evidence. Examples—evidence relating to boating accident • nautical charts • log books

79 Safety investigations (1) The Minister may order an investigation into any of the following matters: (a) a boating accident that has been reported under section 77 or that the Minister believes may have happened; (b) a situation that has the potential to cause a boating accident; (c) alleged incompetence or misconduct of a person operating a power boat who is required to hold a licence or permit under section 27 to operate the boat; (d) a boat that has been detained under section 111 in relation to an offence against section 38 (Operating unsafe boats). (2) The purposes of a safety investigation are— (a) to decide the circumstances of, or in relation to, a boating accident or other matters that affect safety on a lake; and (b) to make recommendations to prevent similar boating accidents or other matters happening again. (3) A safety investigation may be carried out whether or not it relates to a matter that— (a) is being investigated, or has been investigated, under another Commonwealth or territory law; or (b) is or may be subject to criminal or civil proceedings. (4) If the Minister orders a safety investigation into a matter mentioned in subsection (1) (c), the Minister may notify the State or the Commonwealth authority that granted the licence or permit of the investigation.

80 Appointment of safety investigators and powers (1) The Minister may appoint 1 or more investigators (a safety investigator) to carry out a safety investigation. (2) The Minister may appoint either of the following as a safety investigator: (a) a police officer; (b) a person who possesses qualifications or experience relevant to an investigation. Note 1 For the making of appointments (including acting appointments), see the Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (3) A safety investigator is subject to the control and direction of the Minister, except in relation to the content of a safety investigation report.

81 People assisting safety investigators A person may assist a safety investigator under this part if— (a) the assistance is necessary and reasonable; and (b) the person follows any direction given to the person by the safety investigator.

82 Conduct of safety investigations (1) A safety investigator must conduct a safety investigation in a way that the safety investigator considers appropriate having regard to the purposes of the investigation.

(2) A safety investigation may extend to all relevant events and circumstances preceding a boating accident or other matter to which the investigation relates. (3) In conducting a safety investigation, a safety investigator may rely on any evidence relating to the matter under investigation given in any criminal or civil proceedings or in any coronial or other judicial inquiry. (4) At any time during the safety investigation, the Minister may decide the investigation is to be discontinued and a safety investigation report is to be prepared and submitted by the safety investigator.

83 People to give information, produce documents or answer questions (1) A safety investigator may give a written notice under subsection (2) to a person if the safety investigator reasonably believes that the person has information or a document that is relevant to a safety investigation. (2) The notice may require the person— (a) to give information to the safety investigator or a stated inspector; or (b) to produce a document to the safety investigator or a stated inspector; or (c) to appear before the safety investigator or a stated inspector to answer questions. (3) A notice mentioned in subsection (2) (a) or (b) must state— (a) a period of at least 14 days after the day the notice is given to the person, when the person must comply with the notice; and (b) the way in which the person must comply with the notice; and (c) that it is an offence under subsection (8) to fail to comply with the notice.

(4) A notice mentioned in subsection (2) (c) must state— (a) the time and place at which the person must appear; and (b) that it is an offence under subsection (8) to fail to comply with the notice. (5) The safety investigator or inspector may require a person who has been given a notice mentioned in subsection (2) (c)— (a) to answer any question relevant to a safety investigation; and (b) to give any answer on oath or affirmation orally or in writing. (6) The safety investigator or inspector may administer the oath or affirmation under subsection (5). (7) If the place stated in the notice is more than 16km from a person’s place of residence at the time the person receives the notice, the person is entitled to be paid a reasonable allowance for expenses incurred by the person for transport, meals and accommodation in relation to appearing before the safety investigator or inspector. (8) A person commits an offence if— (a) the person is given a notice under subsection (2); and (b) the person fails to comply with the notice. Maximum penalty: 50 penalty units (9) An offence against subsection (8) is a strict liability offence.

84 Safety investigation reports (1) A safety investigator must prepare a report (a safety investigation report)— (a) after completing a safety investigation into a boating accident or other matter; or (b) if requested to do so by the Minister under section 82 (4).

(2) The safety investigation report must include— (a) findings of fact of the boating accident or other matter, and if the facts cannot be established with certainty, the safety investigator’s opinion as to the most probable facts; and (b) for a boating accident—the cause or most probable cause of the boating accident; and (c) observations and recommendations that the safety investigator considers should be carried out to prevent a similar boating accident or other matter from happening again. (3) The safety investigator must not include an adverse comment in relation to a person in a safety investigation report unless the safety investigator has given the person a reasonable opportunity to respond to the proposed comment. (4) A safety investigator may, at any time during a safety investigation, prepare an interim safety investigation report and submit it to the (5) The safety investigator must submit a safety investigation report to the Minister.

85 Actions by Minister following safety investigations (1) After receiving a safety investigation report, the Minister may take no action or do 1 or more of the following: (a) take action to improve safety procedures; (b) reprimand the holder of a licence or permit (however described) under the law of a State or the Commonwealth that authorises the person to use a boat; (c) inform the State or Commonwealth authority that granted the licence or permit mentioned in paragraph (b) of the report and any action taken by the Minister on the report;

(d) recommend that criminal or other legal proceedings be taken against a person. (2) Before taking action under this section, the Minister may conduct a further investigation of the matter or refer the matter to the same or a different safety investigator for further investigation and a further safety investigation report under this part. (3) Any action taken under this section may extend to more than 1 permit or licence held by a person. (4) The Minister must give written notice to the holder of the licence or permit of any action taken under this section against the holder, together with a copy of the final safety investigation report.

86 Public release of safety investigation reports and recommendations (1) A safety investigator may, at any time during the course of a safety investigation, make recommendations to the Minister. (2) The Minister may cause the recommendations to be made public if the Minister considers that it is in the interests of safety to do so. (3) The Minister may publicly release all or part of any report submitted to the Minister by a safety investigator. (4) The Minister must not publicly release all or part of a report if the release might prejudice the rights of any person in any criminal proceedings started in relation to the matter. Note The Information Privacy Act 2014 applies to the disclosure of personal information.

87 Protection from liability (1) This section applies if a person, honestly and without recklessness, gives information to the Minister or a safety investigator in relation to a safety investigation.

(2) Civil proceedings may not be brought against any of the following in relation to anything in the information mentioned in subsection (1) that is alleged to be defamatory or a breach of confidence: (a) the Territory; (b) the Minister; (c) the safety investigator; (d) an inspector; (e) the person who supplied the information.

88 Definitions—pt 9 enter, a place of inspection, includes boarding a boat. place of inspection means a place, premises, vehicle, or boat.

Division 9.2 Inspectors

89 Inspectors (1) The director-general may appoint a public servant as an inspector for this Act. Note 1 For the making of appointments (including acting appointments), see the Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) The delegate for lakes and police officers are also inspectors.

90 Identity cards (1) The director-general must give an inspector (other than a police officer) an identity card stating the person’s name and that the person is an inspector. (2) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation.

Inspectors Division 9.2 (a) the person stops being an inspector; and (b) the person does not return the person’s identity card to the director-general as soon as practicable, but not later than 7 days, after the person stops being an inspector. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence. (5) Subsection (3) does not apply to a person if the person’s identity card has been— (a) lost or stolen; or (b) destroyed by someone else. mentioned in s (5) (see Criminal Code, s 58).

91 Powers not to be exercised before identity card shown An inspector may exercise a power under this part in relation to a person only if the inspector first shows the person the inspector’s identity card.

92 People assisting inspectors A person may assist an inspector under this part if— (a) the assistance is necessary and reasonable; and (b) the person follows any direction given to the person by the inspector.

93 Entering places of inspection and boats in lake areas (1) An inspector may enter— (a) a place of inspection at any time with the consent of the occupier; or (b) a place of inspection in accordance with a warrant; or (c) a place of inspection to protect life or property, if the inspector believes on reasonable grounds the circumstances are so serious and urgent that immediate entry to the premises without authority of a warrant is necessary; or (d) a boat in a lake area, if the inspector believes on reasonable grounds that an offence against this Act is being, or has been, committed. Note To enter a place of inspection includes boarding a boat (see s 88, def enter). (2) An inspector may, without the occupier’s consent or a warrant, enter a place of inspection to ask the occupier for consent to enter the place.

94 Producing identity cards An inspector must not remain at a place of inspection entered under this division if, on request by the occupier, the inspector does not produce the inspector’s identity card.

95 Consent to entry (1) When seeking the consent of an occupier to enter a place of inspection under this division, an inspector must— (a) produce their identity card; and (b) tell the occupier— (i) the purpose of the entry; and

(ii) that anything found and seized may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this division may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) the time, and date, when consent was given. (3) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier. (4) Unless the contrary is proven, a court must presume that an occupier of the place of inspection did not consent to an entry to the place by an inspector under this division if— (a) the question whether the occupier consented to the entry arises in proceedings in the court; and (b) an acknowledgment under this section is not produced in evidence for the entry or exercise of power; and (c) it is not proved that the occupier consented to the entry.

96 Warrants (1) An inspector may apply to a magistrate for a warrant to enter a place of inspection. (2) The application must be sworn and state the grounds on which the warrant is sought.

(3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (relevant evidence) that may provide evidence of an offence against this Act or a related law; and (b) the relevant evidence is, or may be within the next 14 days, at the place of inspection. (5) The warrant must state— (a) that an inspector may, with necessary assistance and force, enter the place of inspection and exercise the inspector’s powers under this division; and (b) the offence for which the warrant is sought; and (c) the relevant evidence that may be seized under the warrant; and (d) the hours when the place of inspection may be entered; and (e) the date, within 14 days after the warrant’s issue, the warrant ends.

97 Warrants—application made other than in person (1) An inspector may apply for a warrant by phone, fax, email, radio or other form of communication if the inspector considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.

(3) The inspector may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately provide a written copy to the inspector if it is reasonably practicable to do so. (5) If it is not reasonably practicable to provide a written copy to the inspector— (a) the magistrate must tell the inspector— (i) the terms of the warrant; and (ii) the date and time the warrant was issued; and (b) the inspector must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the inspector’s other powers stated in the warrant issued by the magistrate. (7) The inspector must, at the first reasonable opportunity, send the magistrate— (a) the sworn application; and (b) if the inspector completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant.

(9) A court must find that a power exercised by an inspector was not authorised by a warrant under this section if— (a) the question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section.

98 General powers on entry (1) An inspector who enters a place of inspection under this division may, for this Act— (a) inspect, measure, photograph or film the place of inspection or anything at the place of inspection; or (b) copy a document at the place of inspection; or (c) test or take samples of, or from, anything at the place of inspection; or (d) take into the place of inspection any people, equipment or material the inspector reasonably needs for exercising a power under this part; or (e) require the occupier, or another person at the place of inspection to give the inspector reasonable help to exercise a power under this part. (a) an inspector requires the person to give the inspector reasonable help under subsection (1) (e); and (b) the person fails to take reasonable steps to comply with the requirement.

99 Power to seize evidence (1) An inspector who enters a place of inspection with a warrant under this division may seize the evidence for which the warrant was issued. (2) An inspector who enters a place of inspection under this division with the occupier’s consent may seize a thing at the place of inspection if— (a) the inspector is satisfied on reasonable grounds that the thing is connected with an offence against this Act or a related law; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (3) An inspector may seize anything at the place of inspection if the inspector is satisfied on reasonable grounds that— (a) the thing is connected with an offence against this Act or a related law; and (b) the seizure is necessary to prevent the thing being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) Also, an inspector who enters a place of inspection under this division (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the place of inspection if satisfied on reasonable grounds that the thing poses a risk to— (a) the health or safety of a person; or (b) public or private property; or (c) the environment. (5) The powers of an inspector under subsection (3) and subsection (4) are additional to any powers of the inspector under subsection (1) or subsection (2) or any other territory law.

(6) Having seized a thing, an inspector may— (a) move the thing from the place of inspection where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. (7) A person commits an offence if the person— (a) interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6); and (b) does not have an inspector’s approval to interfere with the thing. Note Div 9.6 (Dealing with things seized) applies to a thing seized under this

100 Facilitating boarding of boats (1) An inspector may request a person to take reasonable steps to allow the inspector to board a boat under section 93 (1). (2) The inspector may make the request to the person in charge of the boat or someone else. (a) an inspector makes a request to the person under subsection (1); and (b) the person fails to comply with the request.

Boarding of boats Division 9.4

101 Directing boats after boarding (1) An inspector who boards a boat under section 93 (1) may direct the master of the boat to do any of the following: (a) stop or manoeuvre the boat; (b) adopt a stated course or speed; (c) maintain a stated course or speed; (d) take the boat to a stated place. (a) an inspector directs the person to take an action under (b) the person fails to take reasonable steps to take the action.

102 Requiring information after entry (1) An inspector who boards a boat under section 93 (1) may require a person on the boat to provide any of the following information, only if the information is to assist the inspector to carry out the inspector’s functions under this Act: (a) the person’s name; (b) the person’s residential address; (c) the person’s date of birth; (d) evidence of the person’s identity.

(a) an inspector requires the person to provide the information under subsection (1); and (b) the person fails to take reasonable steps to provide the information.

103 Masters to answer questions (1) An inspector may require the master of a boat to answer questions about the nature or operation of the boat. (a) an inspector requires the person to answer a question under (b) the person fails to answer the question.

104 Masters to produce records (1) An inspector may require the master of a boat to produce a document in the master’s possession about the operations of the boat. (a) an inspector requires the person to produce a document under (b) the person fails to produce the document.

Gathering information Division 9.5

105 People to provide information about owners or masters of boats (1) An inspector may require a person to provide information about the identity and address of the owner or master of a boat. (2) The inspector may require the information to be provided by the person orally or by the production of documents or records in the person’s possession. (a) an inspector requires the person to provide information under (b) the person has the information; and (c) the person fails to provide the information.

106 Boat licences (1) An inspector may require a person to produce the person’s licence or permit if— (a) the person is, or purports to be, the holder of a licence or permit; and (b) the person is operating a boat on a lake or doing anything for which the licence or permit is required. (2) If the person does not have the licence or permit in the person’s possession at the time the requirement is made, the person must produce the licence or permit to an inspector within 24 hours or any longer period approved by the inspector. (3) An inspector may seize a licence or permit that is not current or that the inspector reasonably believes is false. Note Div 9.6 (Dealing with things seized) applies to a thing seized under this

(a) the person is required to produce a licence or permit under (b) the person— (i) fails to produce the licence or permit; or (ii) if subsection (2) applies—fails to produce the licence or permit within the required time. (5) An offence against subsection (4) is a strict liability offence. (6) In this section: licence or permit means a licence or permit (however described) under a law of a State or the Commonwealth that authorises the person to use a boat.

107 Receipts for things seized (1) As soon as practicable after an inspector seizes a thing under section 99 or section 106, the inspector must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure in a reasonably secure way and in a conspicuous position.

108 Access to things seized A person who would, apart from the seizure, be entitled to a thing seized under section 99 or section 106 may— (a) inspect the thing; and

Dealing with things seized Division 9.6 (b) if the thing is a document—take extracts from, or make copies of, the document.

109 Return of things seized (1) A thing seized under section 99 or section 106 must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, if— (a) a prosecution for an offence relating to the thing is not instituted within 90 days of the seizure; or (b) the court does not find the offence proved in a prosecution for an offence relating to the thing. (2) A thing seized under this division is forfeited to the Territory if a court— (a) finds an offence relating to the thing to be proved; and (b) orders the forfeiture. (3) If subsection (2) (a) applies, but a court does not order forfeiture of the thing seized, the Territory must return the thing to its owner or pay reasonable compensation to the owner in relation to the loss of the thing.

110 Disposal of things seized (1) An inspector may dispose of a thing seized under section 99 or section 106 if— (a) an inspector has taken reasonable steps under section 109 to return the thing to the person from whom it was seized; and (b) the inspector has been unable to locate the person, despite making reasonable efforts, or the person has refused to take possession of the thing. (2) The inspector may dispose of the thing in any way that the inspector considers appropriate.

111 Inspectors may detain boats (1) An inspector may detain a boat in a lake area and bring the boat to a holding area, if the inspector reasonably believes that the boat is or has been involved in an offence against this Act. (2) If a boat is detained, sections 108 to 110 apply as if the boat were a thing seized under section 99 or section 106. (3) If an inspector detains a boat under subsection (1), the inspector must give written notice, within 14 days, to— (a) the owner of the boat; or (b) if the owner is not able to be located—the person who had possession or control of the boat immediately before it was detained. (4) If it is not practicable for the inspector to give the notice to the person, the inspector may give the notice by fixing the notice to a prominent part of the boat. (5) The notice must— (a) identify the boat; and (b) state the boat has been detained; and (c) state the reason the boat has been detained; and (d) state the contact details of an inspector who can provide further information; and (e) include information about the return of the boat.

Detaining boats Division 9.7 (6) A person commits an offence if— (a) a boat is being detained under subsection (1); and (b) the person operates the boat, or causes or allows the operation of the boat; and (c) an inspector has not consented to the operation of the boat.

112 Territory to pay costs of detention (1) This section applies if there was no reasonable or probable cause for the detention of a boat under section 111. (2) The Territory is liable to pay the owner of the boat reasonable compensation for any loss or damage incurred by the owner as a result of the detention of the boat. (3) If the owner and the Territory cannot agree on the amount of compensation payable under subsection (2), the owner may take proceedings in a court of competent jurisdiction or the ACAT for the recovery of compensation.

113 Owner to pay costs of detention (1) This section applies if— (a) a boat was detained under section 111; and (b) the Territory incurs costs in relation to the detention of the boat; and (c) the detention was reasonable in the circumstances. (2) The owner of the boat is liable to pay the Territory compensation for— (a) the costs of, and incidental to, the detention of the boat; and

(b) any loss or damage incurred by the Territory as a result of the detention of the boat. (3) If the owner and the Territory cannot agree on the amount of compensation payable under subsection (2), the Territory may take proceedings in a court of competent jurisdiction or the ACAT for the recovery of compensation.

Notification and review of decisions Part 10

Part 10 Notification and review of decisions

114 Meaning of reviewable decision—pt 10 reviewable decision means a decision of the Minister mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

115 Reviewable decision notices If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The Minister must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

116 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

117 Acts and omissions of representatives (1) In this section: person means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. representative, of a person, means an employee or agent of the person. state of mind, of a person, includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show— (a) the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

Miscellaneous Part 11 (6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

118 Evidence Unless the contrary is proved, evidence that a sign referred to in section 14, section 19, section 20 or section 21 was erected, placed or displayed within a lake area or on Scrivener Dam is evidence that it was erected, placed or displayed, as the case may be, by or by the authority of the Minister.

119 Privileges against self-incrimination and exposure to civil penalty (1) This section applies if a person is required under section 48, section 52, section 76, section 77, section 83, section 102 or division 9.5 (Gathering information) (other than section 106) to answer a question, provide information or produce a document or other thing. (2) The person cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty to refuse to provide the information, produce the document or other thing, or answer the question. Note The Legislation Act, s 171 deals with client legal privilege. (3) However, any information, document or other thing obtained, directly or indirectly, because of providing the information, the producing of the document or other thing, or the answering of the question is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for— (a) an offence against section 48, section 52, section 76, section 77, section 83, section 102 or division 9.5 (Gathering information) (other than section 106); or

(b) any other offence in relation to the falsity of the information, document, other thing, or answer.

120 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument.

122 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to the following: (a) requirements for the registration of boats; (b) the equipment to be carried on a boat; (c) the construction, design or supply of hatches and exterior doors of boats that will be, or are likely to be, used for recreational purposes on a lake; (d) the qualifications that a person requires to operate a power boat; (e) prohibiting a person from operating a kind of boat; (f) lighting, marking, removing, and disposing of obstructions to navigation in a lake area; (g) safety, including requirements for the following: (i) safety equipment of boats; (ii) navigation; (iii) operating a boat; (iv) the conduct of a person on a boat; (v) signals and lights and their use on a boat; (vi) avoiding collisions;

Miscellaneous Part 11 (vii) the use of a lake or lake area; (viii) preventing a person from interfering with a boat or lights, navigation aids, or equipment. (3) The Legislation Act, section 47 (3), (5) and (6) does not apply to the incorporation of an Australian Standard or an Australian/NewZealand Standard applied, adopted or incorporated in a regulation under this Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). (4) A regulation may create offences and fix maximum penalties of not more than 30 penalty units for the offences.

123 Exemptions by Minister (1) The Minister may, by written notice, exempt a person or boat from part 4. (2) An exemption may be given with conditions. (3) The Minister must not exempt a person or boat, or impose a condition, unless the Minister is satisfied that the exemption or condition— (a) is in the public interest; and (b) will not jeopardise the safety of a boat or a person on board a boat; and (c) will not compromise the conduct of a safety investigation. (4) An exemption is a notifiable instrument.

124 Breaching conditions of exemptions (a) the person— (i) operates a boat on a lake; or (ii) carries out an action in a lake area; and (b) the person, or boat, is exempt from part 4 subject to a condition; and (c) the person fails to comply with the condition.

125 Compensation—acquisition of property (1) If, apart from this section and another section of this Act that deals with compensation— (a) the operation of any provision of this Act would result in the acquisition of property from a person otherwise than on just terms; and (b) the acquisition would be unlawful because of the Self-Government Act, section 23 (1); the person acquiring the property (the acquirer) is liable to pay reasonable compensation to the other person for the acquisition. (2) If the acquirer and the other person do not agree on the amount of compensation, the other person may, by proceeding in a court of competent jurisdiction or the ACAT, recover from the acquirer the reasonable compensation that the court or tribunal decides.

Reviewable decisions Schedule 1

Schedule 1 Reviewable decisions (see pt 10) column 1 item column 2 section column 3 decision column 4 entity 1 12 (2) make determination of compensation owner of land 2 18 (1) refuse to approve anchoring of buoy or erecting of wharf or jetty applicant for approval 3 18 (1) impose conditions on approval to anchor buoy or erect wharf or jetty applicant for approval 4 26 refuse to grant permit to moor boat 5 29 (1) refuse to authorise use of power boat applicant for authorisation 6 29 (1) impose conditions on power boat applicant for authorisation 7 29 (4) impose further conditions on power boat authorisation entity that holds 8 29 (4) vary or revoke condition imposed on power boat entity that holds 9 29 (4) refuse to vary or revoke condition imposed on power boat applicant for variation or revocation 10 29 (5) revoke power boat entity that has authorisation revoked

Schedule 1 Reviewable decisions column 1 item column 2 section column 3 decision column 4 entity 11 31 (1) refuse to grant permit to use hovercraft 12 31 (1) impose conditions on permit to use hovercraft

Kingston Harbour Schedule 2

Schedule 2 Kingston Harbour (see dict, def Kingston Harbour)

Schedule 3 Molonglo Reach Schedule 3 Molonglo Reach (see dict, def Molonglo Reach)

(see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • Commonwealth • contravene • director-general (see s 163) • doctor • entity • exercise • in relation to • national land • night • notification (see s 63) • penalty unit (see s 133) • person (see s 169) • reviewable decision notice • Self-Government Act • State • territory land • the Territory. appropriate lifejacket, for division 5.2 (Lifejackets)—see section 41. associated work includes a wharf or jetty, owned by the Territory or the Commonwealth, erected in a lake area. boat includes launch, yacht, canoe, raft, pontoon and anything else that can carry people or goods through or on water.

boating accident— (a) means any of the following involving a boat in a lake area: (i) the loss of life of, or injury to, a person on the boat; (ii) the loss of a person from the boat; (iii) the loss of life of, or injury to, a person that is caused by the boat; (iv) the loss, or presumed loss, of the boat (including the sinking or abandonment of the boat); (v) the capsizing, grounding or flooding of the boat; (vi) the collision of the boat with another boat or object; (vii) the boat being disabled (in circumstances when it requires assistance); (viii) a fire on the boat; (ix) damage caused to the boat (including any structural failure); (x) damage to the environment caused by the boat or by a substance on, or discharged from, the boat; (xi) an incident that causes a risk of the events mentioned in subparagraphs (i) to (x) happening; but (b) does not include an event prescribed by regulation. commercial activities means— (a) selling, or offering for sale, food, drink or other things; or (b) letting, or offering to let, on hire bicycles, boats or other things; or (c) carrying, or offering to carry, passengers or things in or on a boat for fee or reward; or

(d) carrying, or offering to carry, passengers or things in or on a horse-drawn vehicle; or (e) carrying on the business of boat repair; or (f) undertaking any other activities prescribed under the regulations for this definition. Commonwealth Minister means the Commonwealth Minister responsible for administering the Australian Capital Territory National Land (Lakes) Ordinance 2022 (Cwlth). delegate for lakes means the Delegate for Lakes appointed under section 10. domestic commercial vessel—see the Marine Safety (Domestic Commercial Vessel) National Law, section 7. enter, a place of inspection or boat, for part 9 (Enforcement)—see section 88. foreshores, in relation to a lake— (a) means the area of land bounded by the level of the lake and an imaginary line drawn at a distance of 100m from the high water level of the lake; but (b) does not include land held under lease from the Commonwealth or occupied with the authority of the Territory or the Commonwealth or under a law in force in the ACT. high level, for part 6 (Drug and alcohol offences)—see section 60. inspector means a person who is an inspector under section 89. Kingston Harbour means the area outlined in bold on the plan in schedule 2.

lake means— (a) Kingston Harbour; and (b) Lake Burley Griffin; and Note This Act applies to the lake area of Lake Burley Griffin to the extent that it is territory land (see s 5). The Australian Capital Territory National Land (Lakes) Ordinance 2022 (Cwlth) applies to the remaining area of Lake Burley Griffin that is national land (see Legislation Act, dict, def national land). (c) Molonglo Reach; and (d) any other area declared by the Minister to be a lake under section 9. lake area means the area consisting of a lake, the foreshores of the lake and the islands (if any) in the lake. Lake Burley Griffin— (a) means the area of the Molonglo River between Scrivener Dam and Molonglo Reach; but (b) does not include Kingston Harbour. low level, for part 6 (Drug and alcohol offences)—see section 60. marine pilot means a person who has the conduct of, but does not belong to, a boat. Marine Safety (Domestic Commercial Vessel) National Law means the national law as set out in schedule 1 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cwlth). master means the person having the command or charge of a boat, but does not include a marine pilot. medium level, for part 6 (Drug and alcohol offences)—see section 60. Molonglo Reach means the area outlined in bold on the plan in schedule 3.

obstruction to navigation— (a) means any thing in or on a lake that is— (i) a risk to the safe navigation of boats; or (ii) moored, berthed or placed in contravention of this Act or the Marine Safety (Domestic Commercial Vessel) National Law; but (b) does not include anything lawfully constructed in or over a lake. operate, a boat, means— (a) to determine or exercise control over the course or direction of the boat or over the means of propulsion of the boat (whether or not the boat is under way); and (b) to attempt to operate a boat; and Examples • supervise a person under 17 years old to operate a boat • launch a boat • anchor a boat • moor a boat (c) for part 4 (Use of a lake)—see section 13. owner, of a boat, includes a person who— (a) is registered as an owner of the boat in a certificate of registry or in a certificate or unique identifier issued for the boat under a law of a State or of the Commonwealth; and Note A certificate or unique identifier may be issued for a boat under the Marine Safety (Domestic Commercial Vessel) National Law. (b) is a joint owner of the boat; and (c) whether on the person’s own behalf or on behalf of someone else— (i) exercises any of the functions of the owner of the boat; or

(ii) publicly represents that the person has those functions or accepts the obligation to exercise those functions; and (d) owns the boat under paragraphs (a) to (c), whether or not the boat is mortgaged, chartered, leased, or hired; and (e) is the charterer of the boat. place of inspection, for part 9 (Enforcement)—see section 88. power boat means a boat propelled by mechanical power, and includes a boat under both power and sail. prohibited area means a part of a lake declared by the Minister under section 22 to be a prohibited area. recreational boat— (a) means a boat other than a domestic commercial vessel, or a regulated Australian vessel as defined in the Navigation Act 2012 (Cwlth); and (b) for division 5.3 (Other safety equipment)—see section 50. relevant period, for part 6 (Drug and alcohol offences)—see section 60. required safety equipment, for a boat, for division 5.3 (Other safety equipment)—see section 50. required standards, for safety equipment, for division 5.3 (Other safety equipment)—see section 50. reviewable decision, for part 10 (Notification and review of decisions)—see section 114. safety investigation means an investigation under section 79. safety investigation report means a report under section 84. safety investigator means a person appointed under section 80. special level, for part 6 (Drug and alcohol offences)—see section 60.

sports club means an entity established for a sporting or athletic purpose, and includes each person who is a member of the entity or who is participating in a competition that is run by the entity. under way—a boat is under way unless it is anchored, moored, aground, or made fast to the shore or a jetty. unsafe, in relation to a boat, means the boat is a danger to human life because of any of the following: (a) the condition of the boat; (b) the condition of equipment on the boat; (c) the manner or place in which cargo or equipment on the boat is stowed or secured; (d) the nature of the cargo of the boat; (e) the overloading of the boat.

1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

This Act was originally a Commonwealth ordinance—the Lakes Ordinance 1976 No 65 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s 5 on 11 May 1989 (self-government day). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25). Legislation before becoming Territory enactment Lakes Act 1976 A1976-65 notified 13 December 1976 (Gaz 1976 No S225) commenced 15 December 1976 (Gaz 1976 No S228) as amended by Lakes (Amendment) Ordinance 1978 Ord1978-4 notified 2 February 1978 (Gaz 1978 No S17) commenced 2 February 1978 Commonwealth Functions (Statutes Review) Act 1981, Cwlth No 74 pt 2, div 7 assented to 18 June 1981 pt 2, div 7 commenced 18 August 1981 (Gaz 1981 No S171) Lakes (Amendment) Ordinance 1983 Ord1983-31 notified 29 September 1983 (Gaz 1983 No S226) commenced 1 October 1983 Lakes (Amendment) Ordinance 1985 Ord1985-15 notified 4 April 1985 (Gaz 1985 No S114) commenced 4 April 1985

Lakes (Amendment) Ordinance 1987 Ord1987-49 notified 16 September 1987 (Gaz 1987 No S236) commenced 16 September 1987 Lakes (Amendment) Ordinance 1988 Ord1988-67 notified 21 September 1988 (Gaz 1988 No GN35) commenced 21 September 1988 Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164) National Land Ordinance 1989 Ord1989-39 sch notified 10 May 1989 (Gaz 1989 No S160) commenced 11 May 1989 (s 2 (2) and Gaz 1989 No S164) Legislation after becoming Territory enactment Lakes (Amendment) Act 1991 A1991-89 notified 24 December 1991 (Gaz 1991 No S155) commenced 24 December 1991 Lakes Amendment Ordinance 1992 Ord1992-1 notified 11 March 1992 (Gaz 1992 No GN10) commenced 11 March 1992 Acts Revision (Position of Crown) Act 1993 A1993-44 sch 1 notified 27 August 1993 (Gaz 1993 No S165) sch 1 commenced 27 August 1993 (s 2) Registrar-General (Consequential Provisions) Act 1993 A1993-64 sch 1 notified 6 September 1993 (Gaz 1993 No S172) s 1, s 2 commenced 6 September 1993 sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207) Statute Law Revision Act 1994 A1994-26 sch notified 31 May 1994 (Gaz 1994 No S93) sch commenced 31 May 1994 (s 2)

Administrative Appeals (Consequential Amendments) Act 1994 A1994-60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250) Statute Law Revision (Penalties) Act 1994 A1994-81 sch notified 29 November 1994 (Gaz 1994 No S253) s 1, s 2 commenced 29 November 1994 (s 2 (1)) sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269) Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch pt 1 notified 15 December 1994 (Gaz 1994 No S280) s 1, s 2 commenced 15 December 1994 sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293) Statute Law Revision Act 1995 A1995-46 sch notified 18 December 1995 (Gaz 1995 No S306) sch commenced 18 December 1995 (s 2) Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Water Resources Act 1998 A1998-63 s 82 notified 11 December 1998 (Gaz 1998 No S209) s 1, s 2 commenced 11 December 1998 (s 2 (1)) s 82 commenced 4 March 1999 (s 2 (2) and Gaz 1999 No S11) Domestic Animals Act 2000 A2000-86 s 158 notified 21 December 2000 (Gaz 2000 No S69) s 1, s 2 commenced 21 December 2000 (IA s 10B) s 158 commenced 21 June 2001 (s 2)

Legislation (Consequential Amendments) Act 2001 A2001-44 pt 205 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 205 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Legislation Amendment Act 2002 A2002-11 pt 2.30 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) pt 2.30 commenced 28 May 2002 (s 2 (1)) Lakes Amendment Act 2002 A2002-46 notified LR 2 December 2002 s 1, s 2 commenced 2 December 2002 (LA s 75) remainder commenced 3 December 2002 (s 2) Statute Law Amendment Act 2002 (No 2) A2002-49 pt 3.10 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) pt 3.10 commenced 31 December 2002 (s 2 (2)) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.26, sch 2 pt 2.47 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 1 pt 1.26, sch 2 pt 2.47 commenced 9 April 2004 (s 2 (1)) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.27 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.27 commenced 24 November 2005 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.59 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.59 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.45 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.45 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.27 notified LR 22 February 2011 s 1, s 2 commenced 22 February 2011 (LA s 75 (1)) sch 3 pt 3.27 commenced 1 March 2011 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.88 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.88 commenced 1 July 2011 (s 2 (1)) Planning, Building and Environment Legislation Amendment Act 2013 (No 2) A2013-40 pt 4 notified LR 6 November 2013 s 1, s 2 commenced 6 November 2013 (LA s 75 (1)) pt 4 commenced 27 January 2014 (s 2 and CN2014-1) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.38 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.38 commenced 14 October 2015 (s 2) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.41 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.41 commenced 1 September 2016 (s 2) Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.15 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 3 pt 3.15 commenced 9 March 2017 (s 2)

Lakes Amendment Act 2018 A2018-7 notified LR 5 March 2018 s 1, s 2 commenced 5 March 2018 (LA s 75 (1)) remainder commenced 5 March 2019 (s 2 (2)) Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.20 notified LR 8 November 2018 s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2)) sch 3 pt 3.20 commenced 5 March 2019 (s 2 (3) and see A2018-7, s 2 (2)) Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.15 notified LR 31 October 2019 s 1, s 2 commenced 31 October 2019 (LA s 75 (1)) sch 3 pt 3.15 commenced 14 November 2019 (s 2 (1)) Emergencies Amendment Act 2020 A2020-47 sch 1 pt 1.4 notified LR 3 September 2020 s 1, s 2 commenced 3 September 2020 (LA s 75 (1)) sch 1 pt 1.4 commenced 4 September 2020 (s 2) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.29 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.29 commenced 23 June 2021 (s 2 (1)) Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.36 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.36 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10) Road Safety Legislation Amendment Act 2024 A2024-20 sch 1 pt 1.1 notified LR 24 May 2024 s 1, s 2 commenced 24 May 2024 (LA s 75 (1)) sch 1 pt 1.1 commenced 25 May 2024 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.104 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.104 commenced 26 December 2025 (s 2 (7))

Environment Legislation Amendment Act 2025 A2025-28 pt 8 notified LR 12 November 2025 s 1, s 2 commenced 12 November 2025 (LA s 75 (1)) pt 8 commenced 26 November 2025 (s 2)

Name of Act s 1 sub A2002-49 amdt 3.59 s 2 om A2001-44 amdt 1.2304 ins A2002-49 amdt 3.59 Notes s 3 om A2001-44 amdt 1.2304 ins A2002-49 amdt 3.59 Offences against Act—application of Criminal Code etc s 4 am Ord1983-31 s 4; Ord1989-38 sch 1; A2001-44 amdt 1.2307, amdt 1.2308 ins A2005-54 amdt 1.180 def associated work am Ord1989-38 sch 1 def boat om A2002-49 amdt 3.59 def closed area om A2002-49 amdt 3.59 def commercial activities ins Ord1987-49 s 3 def dairy bridge om A2002-49 amdt 3.59 def delegate for lakes ins A1994-97 sch pt 1 def delegate of the Minister ins Cwlth Act 1981 No 74 s 42 om A1994-97 sch pt 1 def foreshores am Ord1978-4 s 3; Ord1989-38 sch 1; A2001-44 amdt 1.2305 def inspector sub A1994-97 sch pt 1 def lake om A2002-49 amdt 3.59 def lake area om A2002-49 amdt 3.59 def Lake Burley Griffin om A2002-49 amdt 3.59 def Lake Ginninderra am A2001-44 amdt 1.2305 def owner om A2002-49 amdt 3.59 def police force om A1994-97 sch pt 1 def power boat om A2002-49 amdt 3.59 def prohibited area om A2002-49 amdt 3.59 def sports club om A2002-49 amdt 3.59 def superintendent om Cwlth Act 1981 No 74 s 42 def this Act om A2001-44 amdt 1.2306 def visible om A2002-49 amdt 3.59

Application s 4A renum as s 5 Application of Act to inspectors s 4B renum as s 6 Application of Act in emergencies s 4C renum as s 7 Relationship to environmental and health laws s 4D renum as s 8 Application s 5 orig s 5 renum as s 9 pres s 5 (prev s 4A) ins Ord1989-38 sch 1 am A2018-7 s 5 renum as s 5 R18 LA (see A2018-7 s 61) am A2025-28 s 21, s 22 Power of Minister to determine fees s 5A ins Ord1983-31 s 5 om A2001-44 amdt 1.2310 Application of Act to inspectors s 6 orig s 6 renum as s 10 pres s 6 (prev s 4B) ins A1993-44 sch 1 sub A2002-11 amdt 2.64 am A2002-49 amdt 3.60; A2005-54 amdt 1.181 sub A2018-7 s 6 renum as s 6 R18 LA (see A2018-7 s 61) Application of Act in emergencies s 7 orig s 7 sub Cwlth Act 1981 No 74 s 43 sub A1994-97 sch pt 1; A2002-49 amdt 3.61 pres s 7 (prev s 4C) ins A2018-7 s 6 renum as s 7 R18 LA (see A2018-7 s 61) am A2020-47 amdts 1.9-1.11; pars renum R20 LA

Relationship to environmental and health laws s 8 orig s 8 sub A1994-97 sch pt 1 am A1998-54 sch sub A2002-49 amdt 3.61; A2005-54 amdt 1.182 pres s 8 (prev s 4D) ins A2018-7 s 6 renum as s 8 R18 LA (see A2018-7 s 61) Declaration of area as lake s 9 orig s 9 am Ord1978-4 s 4; A1991-89 sch; A1994-97 sch pt 1; A2011-3 amdt 3.267; A2017-4 amdt 3.69 pres s 9 (prev s 5) sub A2001-44 amdt 1.2309 am A2011-3 amdt 3.266 reloc to pt 2 by A2018-7 s 7 renum as s 9 R18 LA (see A2018-7 s 61) Delegate for lakes s 10 hdg orig s 10 hdg sub A2004-15 amdt 2.102 s 10 orig s 10 am Ord1987-49 sch; A1991-89 sch sub A1994-81 sch; A2002-49 amdt 3.62 am A2004-15 amdt 2.103, amdt 2.104 sub A2005-54 amdt 1.183 pres s 10 (prev s 6) sub Cwlth Act 1981 No 74 s 43 sub A1994-97 sch pt 1; A2002-49 amdt 3.61 renum as s 10 R18 LA (see A2018-7 s 61) Alterations in flow and water level s 11 hdg (prev s 13 hdg) sub A2002-49 amdt 3.63 s 11 orig s 11 am Ord1989-38 om A1998-63 s 82 pres s 11 (prev s 13) am A1998-63 s 82; A2002-46 s 4; A2002-49 amdt 3.64; A2011-3 amdt 2.268 renum as s 11 R18 LA (see A2018-7 s 61)

Compensation for damage s 12 orig s 12 am Ord1987-49 sch; A1991-89 sch; A1994-81 sch om A1998-63 s 82 pres s 12 (prev s 14) am Ord1989-38 sch 1; A2011-3 amdt 3.268, amdt 3.269; A2018-7 s 9 renum as s 12 R18 LA (see A2018-7 s 61) General pt 4 div 1 hdg om A1995-46 sch Provisions relating to particular lakes pt 4 div 2 hdg om A1995-46 sch Meaning of operate—pt 4 s 13 orig s 13 renum as s 11 pres s 13 (prev s 14A) ins A2018-7 s 10 renum as s 13 R18 LA (see A2018-7 s 61) Erection of signs s 14 orig s 14 renum as s 12 pres s 14 (prev s 15) am A1991-89 sch; A2000-86 s 158; A2002-49 amdt 3.65; pars renum R9 LA renum as s 14 R18 LA (see A2018-7 s 61) Meaning of operate—pt 4 s 14A renum as s 13 General restrictions on boats s 15 hdg (prev s 16 hdg) sub A2002-49 amdt 3.66 s 15 orig s 15 renum as s 14 pres s 15 (prev s 16) am Ord1987-49 sch; A1994-81 sch renum as s 15 R18 LA (see A2018-7 s 61) Restrictions on bathing, swimming and diving s 16 hdg (prev s 17 hdg) sub A2002-49 amdt 3.67 s 16 orig s 16 renum as s 15 pres s 16 (prev s 17) am Ord1987-49 s 4; A1994-81 sch renum as s 16 R18 LA (see A2018-7 s 61)

Interference etc with signs s 17 orig s 17 renum as s 16 pres s 17 (prev s 18) am Ord1987-49 sch; A1991-89 sch; A1994-81 sch renum as s 17 R18 LA (see A2018-7 s 61) Approved buoys, wharves and jetties s 18 orig s 18 renum as s 17 pres s 18 (prev s 19) am Ord1983-31 s 6; Ord1987-49 sch; A1991-89 sch; A1994-81 sch; A2001-44 amdt 1.2311, amdt 1.2312; A2005-54 amdt 1.185 renum as s 18 R18 LA (see A2018-7 s 61) am A2021-12 amdt 3.65, amdt 3.66; A2025-29 amdt 4.104 Restrictions on mooring s 19 orig s 19 renum as s 18 pres s 19 (prev s 20) am Ord1987-49 sch; A1994-81 sch sub A2005-54 amdt 1.186 renum as s 19 R18 La (see A2018-7 s 61) Speed limits s 20 orig s 20 renum as s 19 pres s 20 (prev s 20A) ins A2018-7 s 11 renum as s 20 R18 LA (see A2018-7 s 61) Speed limits s 20A renum as s 20 Restrictions on kinds of boats s 20B renum as s 21 Restrictions on kinds of boats s 21 orig s 21 renum as s 22 pres s 21 (prev s 20B) ins A2018-7 s 11 renum as s 21 R19 LA (see A2018-7 s 61)

Prohibition of use of lake area or parts of lake s 22 orig s 22 renum as s 23 pres s 22 (prev s 21) am Ord1987-49 sch; Ord1989-39 sch; A1991-89 sch; A1994-26 sch; A1994-81 sch; A1994-97 sch pt 1; A2002-49 amdt 3.68, amdt 3.69; A2005-54 amdt 1.187; A2011-3 amdt 3.270; A2015-33 amdt 1.123; ss renum R15 LA renum as s 22 R18 LA (see A2018-7 s 61) am A2021-12 amdt 3.66; A2025-29 amdt 4.104 Access to leased or occupied land s 22A renum as s 23 and then s 24 Closing of parts of lake for certain events s 23 orig s 23 am Ord1987-49 sch; Ord1989-39 sch; A1991-89 sch; A1994-26 sch; A1994-81 sch; A1994-97 sch pt 1 om A2002-49 amdt 3.72 prev s 23 (prev s 22A) renum as s 23 R7 LA renum as s 24 R18 LA pres s 23 (prev s 22) am A1991-89 sch sub A2002-49 amdt 3.70 am A2005-54 amdt 1.188; A2009-20 amdt 3.105; A2015-33 amdt 1.124; ss renum R15 LA; A2017-4 amdt 3.70 renum as s 23 R18 LA (see A2018-7 s 61) Access to leased or occupied land s 24 orig s 24 renum as s 25 pres s 24 (prev s 22A) ins Ord1978-4 s 5 am Ord1989-38 sch 1 renum as s 23 R7 LA (see A2002-49 amdt 3.71) am A2011-3 amdt 3.270; A2017-4 amdt 3.71 renum as s 24 R18 LA (see A2018-7 s 61) Anchoring boats at night s 25 orig s 25 renum as s 26 pres s 25 (prev s 24) am Ord1987-49 sch; A1991-89 sch; A1994-81 sch; A2002-49 amdt 3.73 sub A2005-54 amdt 1.189 renum as s 25 R18 LA (see A2018-7 s 61)

Use of power boats—interstate licence holders s 25A renum as s 27 Power boats operated under 10 knots s 25B renum as s 28 Mooring of boats s 26 orig s 26 renum as s 29 pres s 26 (prev s 25) am Ord1978-4 s 6; Ord1987-49 sch; A1994-81 sch; A2001-44 amdts 1.2313-1.2316 sub A2005-54 amdt 1.190 renum as s 26 R18 LA (see A2018-7 s 61) am A2021-12 amdt 3.67; A2025-29 amdt 4.104 Use of power boats—interstate licence holders s 27 orig s 27 renum as s 30 pres s 27 (prev s 25A) ins A2002-46 s 5 am A2011-3 amdt 3.271; A2018-7 s 12 renum as s 27 R18 LA (see A2018-7 s 61) am A2023-36 amdt 1.188; A2025-29 amdt 4.104 Power boats operated under 10 knots s 28 orig s 28 am Ord1983-31 s 7 om A1991-89 s 4 pres s 28 (prev s 25B) ins A2018-7 s 13 renum as s 28 R18 LA (see A2018-7 s 61) am A2023-36 amdt 1.188; A2025-29 amdt 4.104 Use of power boats—other people s 29 hdg (prev s 26 hdg) sub A2002-46 s 6 s 29 orig s 29 renum as s 31 pres s 29 (prev s 26) am Ord1987-49 s 5; A1991-89 s 3 and sch; A2001-44 amdt 1.2317, amdt 1.2318; A2002-49 amdt 3.74; A2018-7 ss 14-16; ss, pars renum R18 LA renum as s 29 R18 LA (see A2018-7 s 61) am A2021-12 amdt 3.68; A2025-28 s 23; A2025-29 amdt 4.104

Restrictions—power boats s 30 orig s 30 renum as s 32 pres s 30 (prev s 27) am Ord1987-49 sch; Ord1988-67 s 2; Ord1989-38 sch 1; Ord1989-39 sch; A1991-89 sch; A1994-26 sch; A1994-81 sch; A1994-97 sch pt 1; A2002-46 s 7; A2002-49 amdt 3.75; ss renum R7 LA (see A2002-49 amdt 3.76) sub A2005-54 amdt 1.191; A2018-7 s 17 am A2018-7 s 18 renum as s 30 R18 LA (see A2018-7 s 61) am A2025-28 s 24 Restriction on use of hovercraft s 31 orig s 31 renum as s 33 pres s 31 (prev s 29) am Ord1983-31 s 8; Ord1987-49 sch; A1991-89 sch; A1994-81 sch; A2001-44 amdt 1.2319, amdt 1.2320; A2005-54 amdt 1.192 renum as s 31 R18 LA (see A2018-7 s 61) am A2021-12 amdt 3.69; A2025-29 amdt 4.104 Removal of vehicles and boats from a lake etc s 32 orig s 32 renum as s 34 pres s 32 (prev s 30) am Ord1989-38 sch 1; A1991-89 sch; A1994-97 sch pt 1; A2002-49 amdt 3.77 renum as s 32 R18 LA (see A2018-7 s 61) am A2021-12 amdts 3.70-3.72 Houseboats prohibited s 33 orig s 33 om Ord1985-15 s 2 prev s 33 renum as s 35 pres s 33 (prev s 31) am Ord1987-49 sch; A1994-81 sch sub A2005-54 amdt 1.193 renum as s 33 R18 LA (see A2018-7 s 61) Camping and caravanning s 34 orig s 34 renum as s 36 pres s 34 (prev s 32) am Ord1987-49 sch; A1994-81 sch sub A2002-49 amdt 3.78; A2005-54 amdt 1.194 renum as s 34 R18 LA (see A2018-7 s 61)

Agreements for use of lake areas s 35 orig s 35 renum as s 37 pres s 35 (prev s 33) ins Ord1987-49 s 6 am Ord1989-38 sch 1 sub A2018-7 s 19 am A2018-7 s 20 renum as s 35 R18 LA (see A2018-7 s 61) am A2025-28 s 25 Commercial activities in lake area s 36 orig s 36 am Ord1987-49 sch om A1991-89 s 4 prev s 36 renum as s 38 pres s 36 (prev s 34) am Ord1983-31 s 9 sub Ord1987-49 s 6 am Ord1989-39 sch; A1994-81 sch sub A2005-54 amdt 1.195 am A2018-7 s 21 renum as s 36 R18 LA (see A2018-7 s 61) am A2025-28 s 26 Power to charge for admission s 37 orig s 37 renum as s 39 pres s 37 (prev s 35) am Cwlth Act 1981 No 74 s 44; Ord1983-31 s 10; A1991-89 sch; A1994-97 sch pt 1; A2002-49 amdt 3.79, amdt 3.80 renum as s 37 R18 LA (see A2018-7 s 61) am A2021-12 amdt 3.73 Safety pt 5 hdg sub A2018-7 s 22 Safe operation of boats div 5.1 hdg (prev pt 5 div 1 hdg) renum R4 LA

Operating unsafe boats s 38 orig s 38 renum as s 40 pres s 38 (prev s 36) ins A2005-54 amdt 1.196 renum as s 38 R18 LA (see A2018-7 s 61) Reckless or negligent operation of boats s 39 orig s 39 renum as s 41 pres s 39 (prev s 37) am A1998-54 sch sub A2002-49 amdt 3.81; A2005-54 amdt 1.197; A2018-7 s 23 renum as s 39 R18 LA (see A2018-7 s 61) Lights to be carried by sailing vessels s 39A ins A1991-89 s 6 am A2002-49 amdt 3.85 om A2018-7 s 23 Climbing onto boats s 40 orig s 40 renum as s 42 pres s 40 (prev s 38) am A1991-89 s 5; A2002-49 amdt 3.82, amdt 3.83 renum as s 40 R18 LA (see A2018-7 s 61) Lifejackets div 5.2 hdg (prev pt 5 div 2 hdg) renum R4 LA Meaning of appropriate lifejacket—div 5.2 s 41 orig s 41 renum as s 43 pres s 41 (prev s 39) sub A1991-89 s 6; A2002-49 amdt 3.84; A2018-7 s 23 renum as s 41 R18 LA (see A2018-7 s 61) am A2025-28 s 27, s 28 Children under 12 years s 42 orig s 42 renum as s 44 pres s 42 (prev s 40) am Ord1987-49 s 7; A1994-81 sch sub A2002-49 amdt 3.86; A2005-54 amdt 1.198; A2018-7 s 23 renum as s 42 R18 LA (see A2018-7 s 61)

Recreational boats under 4.8m and off-the-shore boats s 43 orig s 43 renum as s 45 pres s 43 (prev s 41) am A2011-3 amdt 3.272 renum as s 43 R18 LA (see A2018-7 s 61) Water skiing and other recreational activities s 43A renum as s 46 Directions by master to wear lifejackets s 44 orig s 44 renum as s 47 pres s 44 (prev s 42) am A2002-49 amdt 3.87; A2011-3 amdt 3.272 renum as s 44 R18 LA (see A2018-7 s 61) Failure to wear lifejackets—defence s 45 orig s 45 renum as s 48 pres s 45 (prev s 43) am A2002-49 amdt 3.87; A2011-3 amdt 3.272 renum as s 45 R18 LA (see A2018-7 s 61) Water skiing and other recreational activities s 46 orig s 46 renum as s 49 pres s 46 (prev s 43A) ins A2018-7 s 23 renum as s 46 R18 LA (see A2018-7 s 61) Owners to ensure lifejackets available s 47 orig s 47 renum as s 50 pres s 47 (prev s 44) am A2002-49 amdt 3.87; A2011-3 amdt 3.272 renum as s 47 R18 LA (see A2018-7 s 61) Owners and operators to ensure safety equipment available s 47A renum as s 51 Owners and operators to provide information about safety equipment s 47B renum as s 52 Closing lake areas or parts of lake s 47C renum as s 53

Safe use of lake areas s 47D renum as s 54 Passengers on domestic commercial vessels s 47E renum as s 55 Lighting and marking obstructions s 47F renum as s 56 Notices to remove obstructions s 47G renum as s 57 Removing obstructions s 47H renum as s 58 Disposing of obstructions s 47I renum as s 59 Owners and operators to provide information about life jackets s 48 hdg orig s 48 hdg sub A2002-49 amdt 3.90 s 48 orig s 48 am Ord1987-49 sch; A1994-81 sch; A2002-49 amdt 3.91 sub A2005-54 amdt 1.199 om A2018-7 s 25 pres s 48 (prev s 45) am A2002-49 amdt 3.88; A2011-3 amdt 3.272 renum as s 48 R18 LA (see A2018-7 s 61) Other safety equipment div 5.2A hdg renum as div 5.3 hdg Safety directions div 5.2B hdg renum as div 5.4 hdg Lighting, marking and removing obstructions div 5.2C hdg renum as div 5.5 hdg Other safety equipment div 5.3 hdg orig div 5.3 hdg (prev pt 5 div 3 hdg) renum R4 LA om A2018-7 s 24 pres div 5.3 hdg (prev div 5.2A hdg) ins A2018-7 s 23 renum as div 5.3 hdg R18 LA (see A2018-7 s 61)

Application—div 5.3 s 49 orig s 49 am Ord1987-49 sch; A1994-81 sch sub A2005-54 amdt 1.200 om A2018-7 s 25 pres s 49 (prev s 46) am A2011-3 amdt 3.272 renum as s 49 R18 LA (see A2018-7 s 61) Definitions—div 5.3 s 50 orig s 50 am Ord1987-49 s 8; A1991-89 sch; A1994-81 sch; A2002-49 amdt 3.92; A2005-54 amdt 1.201, amdt 1.202; A2011-3 amdt 3.273, amdt 3.274 om A2018-7 s 26 pres s 50 (prev s 47) am A2002-49 amdt 3.89 renum as s 50 R18 LA (see A2018-7 s 61) def recreational boat ins A2018-7 s 23 def required safety equipment ins A2018-7 s 23 def required standards ins A2018-7 s 23 Definitions—pt 5A s 50A renum as s 60 People under 18 years old s 50B renum as s 61 Special level of alcohol s 50C renum as s 62 Low level of alcohol s 50D renum as s 63 Medium level of alcohol s 50E renum as s 64 High level of alcohol s 50F renum as s 65 Under the influence of alcohol or drugs s 50G renum as s 66 Drugs s 50H renum as s 67 Evidence of alcohol levels s 50I renum as s 68

Alternative verdicts—medium level of alcohol s 50J renum as s 69 Alternative verdicts—high level of alcohol s 50K renum as s 70 Alternative verdicts—high, medium and low levels of alcohol s 50L renum as s 71 Defence—special level of alcohol s 50M renum as s 72 Application of Road Transport (Alcohol and Drugs) Act 1977 s 50N renum as s 73 Obligation to stop s 50O renum as s 74 Obligation to give assistance s 50P renum as s 75 Obligation to produce licence and give particulars s 50Q renum as s 76 Obligation to report boating accidents to the Minister s 50R renum as s 77 Obligation to preserve evidence s 50S renum as s 78 s 50T renum as s 79 Appointment of safety investigators and powers s 50U renum as s 80 People assisting safety investigators s 50V renum as s 81 Conduct of safety investigations s 50W renum as s 82 People to give information, produce documents or answer questions s 50X renum as s 83 Safety investigation reports s 50Y renum as s 84 Actions by Minister following safety investigations s 50Z renum as s 85 Public release of safety investigation reports and recommendations s 50ZA renum as s 86

Protection from liability s 50ZB renum as s 87 Definitions—pt 5D s 50ZC renum as s 88 s 50ZD renum as s 89 Identity cards s 50ZE renum as s 90 Powers not to be exercised before identity card shown s 50ZF renum as s 91 People assisting inspectors s 50ZG renum as s 92 Entering places of inspection and boats in lake areas s 50ZH renum as s 93 Producing identity cards s 50ZI renum as s 94 Consent to entry s 50ZJ renum as s 95 Warrants s 50ZK renum as s 96 Warrants—application made other than in person s 50ZL renum as s 97 General powers on entry s 50ZM renum as s 98 Power to seize evidence s 50ZN renum as s 99 Facilitating boarding of boats s 50ZO renum as s 100 Directing boats after boarding s 50ZP renum as s 101 Requiring information after entry s 50ZQ renum as s 102 Masters to answer questions s 50ZR renum as s 103 Masters to produce records s 50ZS renum as s 104

People to provide information about owners or masters of boats s 50ZT renum as s 105 Boat licences s 50ZU renum as s 106 Receipts for things seized s 50ZV renum as s 107 Access to things seized s 50ZW renum as s 108 Return of things seized s 50ZX renum as s 109 Disposal of things seized s 50ZY renum as s 110 Inspectors may detain boats s 50ZZ renum as s 111 Territory to pay costs of detention s 50ZZA renum as s 112 Owner to pay costs of detention s 50ZZB renum as s 113 Owners and operators to ensure safety equipment available s 51 orig s 51 renum as s 114 pres s 51 (prev s 47A) ins A2018-7 s 23 renum as s 51 R18 LA (see A2018-7 s 61) Reviewable decision notices s 51AA renum as s 115 Applications for review s 51AB renum as s 116 Acts and omissions of representatives s 51A renum as s 117 Owners and operators to provide information about safety equipment s 52 orig s 52 renum as s 118 pres s 52 (prev s 47B) ins A2018-7 s 23 renum as s 52 R18 LA (see A2018-7 s 61) Safety directions div 5.4 hdg (prev div 5.2B hdg) ins A2018-7 s 23 renum as div 5.4 hdg R18 LA (see A2018-7 s 61)

Closing lake areas or parts of lake s 53 orig s 53 om A2005-54 amdt 1.203 prev s 53 renum as s 119 pres s 53 (prev s 47C) ins A2018-7 s 23 renum as s 53 R18 LA (see A2018-7 s 61) Safe use of lake areas s 54 orig s 54 renum as s 120 pres s 54 (prev s 47D) ins A2018-7 s 23 renum as s 54 R18 LA (see A2018-7 s 61) Passengers on domestic commercial vessels s 55 orig s 55 renum as s 121 pres s 55 (prev s 47E) ins A2018-7 s 23 renum as s 55 R18 LA (see A2018-7 s 61) Lighting, marking and removing obstructions div 5.5 hdg (prev div 5.2C hdg) ins A2018-7 s 23 renum as div 5.5 hdg R18 LA (see A2018-7 s 61) Lighting and marking obstructions s 56 orig s 56 renum as s 122 pres s 56 (prev s 47F) ins A2018-7 s 23 renum as s 56 R18 LA (see A2018-7 s 61) Notices to remove obstructions s 57 orig s 57 renum as s 123 pres s 57 (prev s 47G) ins A2018-7 s 23 renum as s 57 R18 LA (see A2018-7 s 61) Removing obstructions s 58 orig s 58 renum as s 124 pres s 58 (prev s 47H) ins A2018-7 s 23 renum as s 58 R18 LA (see A2018-7 s 61)

Disposing of obstructions s 59 orig s 59 renum as s 125 pres s 59 (prev s 47I) ins A2018-7 s 23 renum as s 59 R18 LA (see A2018-7 s 61) Drug and alcohol offences pt 5A hdg renum as pt 6 hdg Boating accidents pt 5B hdg renum as pt 7 hdg pt 5C hdg renum as pt 8 hdg Enforcement pt 5D hdg renum as pt 9 hdg Definitions—pt 5D div 5D.1 hdg renum as div 9.1 hdg div 5D.2 hdg renum as div 9.2 hdg Entry and inspection div 5D.3 hdg renum as div 9.3 hdg Boarding of boats div 5D.4 hdg renum as div 9.4 hdg Gathering information div 5D.5 hdg renum as div 9.5 hdg Dealing with things seized div 5D.6 hdg renum as div 9.6 hdg Detaining boats div 5D.7 hdg renum as div 9.7 hdg Drug and alcohol offences pt 6 hdg orig pt 6 hdg renum as pt 10 hdg pres pt 6 hdg (prev pt 5A hdg) ins A2018-7 s 27 renum as pt 6 hdg R18 LA (see A2018-7 s 61)

Definitions—pt 6 s 60 (prev s 50A) ins A2018-7 s 27 renum as s 60 R18 LA (see A2018-7 s 61) def high level ins A2018-7 s 27 def low level ins A2018-7 s 27 def medium level ins A2018-7 s 27 def relevant period ins A2018-7 s 27 def special level ins A2018-7 s 27 People under 18 years old s 61 (prev s 50B) ins A2018-7 s 27 renum as s 61 R18 LA (see A2018-7 s 61) Special level of alcohol s 62 (prev s 50C) ins A2018-7 s 27 renum as s 62 R18 LA (see A2018-7 s 61) Low level of alcohol s 63 (prev s 50D) ins A2018-7 s 27 renum as s 63 R18 LA (see A2018-7 s 61) Medium level of alcohol s 64 (prev s 50E) ins A2018-7 s 27 renum as s 64 R18 LA (see A2018-7 s 61) High level of alcohol s 65 (prev s 50F) ins A2018-7 s 27 renum as s 65 R18 LA (see A2018-7 s 61) Under the influence of alcohol or drugs s 66 (prev s 50G) ins A2018-7 s 27 renum as s 66 R18 LA (see A2018-7 s 61) Drugs s 67 (prev s 50H) ins A2018-7 s 27 renum as s 67 R18 LA (see A2018-7 s 61) Evidence of alcohol levels s 68 (prev s 50I) ins A2018-7 s 27 renum as s 68 R18 LA (see A2018-7 s 61) Alternative verdicts—medium level of alcohol s 69 (prev s 50J) ins A2018-7 s 27 renum as s 69 R18 LA (see A2018-7 s 61) Alternative verdicts—high level of alcohol s 70 (prev s 50K) ins A2018-7 s 27 renum as s 70 R18 LA (see A2018-7 s 61) Alternative verdicts—high, medium and low levels of alcohol s 71 (prev s 50L) ins A2018-7 s 27 renum as s 71 R18 LA (see A2018-7 s 61)

Defence—special level of alcohol s 72 (prev s 50M) ins A2018-7 s 27 renum as s 72 R18 LA (see A2018-7 s 61) Application of Road Transport (Alcohol and Drugs) Act 1977 s 73 (prev s 50N) ins A2018-7 s 27 renum as s 73 R18 LA (see A2018-7 s 61) am A2024-20 amdt 1.1 Boating accidents pt 7 hdg orig pt 7 hdg renum as pt 11 hdg pres pt 7 hdg (prev pt 5B hdg) ins A2018-7 s 28 renum as pt 7 hdg R18 LA (see A2018-7 s 61) Obligation to stop s 74 (prev s 50O) ins A2018-7 s 28 renum as s 74 R18 LA (see A2018-7 s 61) Obligation to give assistance s 75 (prev s 50P) ins A2018-7 s 28 renum as s 75 R18 LA (see A2018-7 s 61) Obligation to produce licence and give particulars s 76 (prev s 50Q) ins A2018-7 s 28 renum as s 76 R18 LA (see A2018-7 s 61) Obligation to report boating accidents to the Minister s 77 (prev s 50R) ins A2018-7 s 28 renum as s 77 R18 LA (see A2018-7 s 61) Obligation to preserve evidence s 78 (prev s 50S) ins A2018-7 s 28 renum as s 78 R18 LA (see A2018-7 s 61) pt 8 hdg (prev pt 5C hdg) ins A2018-7 s 28 renum as s pt 8 hdg R18 LA (see A2018-7 s 61) s 79 (prev s 50T) ins A2018-7 s 28 renum as s 79 R18 LA (see A2018-7 s 61) am A2019-42 amdt 3.23 Appointment of safety investigators and powers s 80 (prev s 50U) ins A2018-7 s 28 renum as s 80 R18 LA (see A2018-7 s 61) People assisting safety investigators s 81 (prev s 50V) ins A2018-7 s 28 renum as s 81 R18 LA (see A2018-7 s 61)

Conduct of safety investigations s 82 (prev s 50W) ins A2018-7 s 28 renum as s 82 R18 LA (see A2018-7 s 61) People to give information, produce documents or answer questions s 83 (prev s 50X) ins A2018-7 s 28 renum as s 83 R18 LA (see A2018-7 s 61) Safety investigation reports s 84 (prev s 50Y) ins A2018-7 s 28 renum as s 84 R18 LA (see A2018-7 s 61) Actions by Minister following safety investigations s 85 (prev s 50Z) ins A2018-7 s 28 renum as s 85 R18 LA (see A2018-7 s 61) Public release of safety investigation reports and recommendations s 86 (prev s 50ZA) ins A2018-7 s 28 renum as s 86 R18 LA (see A2018-7 s 61) Protection from liability s 87 (prev s 50ZB) ins A2018-7 s 28 renum as s 87 R18 LA (see A2018-7 s 61) Enforcement pt 9 hdg (prev pt 5D hdg) ins A2018-7 s 28 renum as pt 9 hdg R18 LA (see A2018-7 s 61) Definitions—pt 9 div 9.1 hdg (prev div 5D.1 hdg) ins A2018-7 s 28 renum as div 9.1 hdg R18 LA (see A2018-7 s 61) Definitions—pt 9 s 88 (prev s 50ZC) ins A2018-7 s 28 renum as s 88 R18 LA (see A2018-7 s 61) def enter ins A2018-7 s 28 def place of inspection ins A2018-7 s 28 div 9.2 hdg (prev div 5D.2 hdg) ins A2018-7 s 28 renum as div 9.2 hdg R18 LA (see A2018-7 s 61) s 89 (prev s 50ZD) ins A2018-7 s 28 renum as s 89 R18 LA (see A2018-7 s 61) Identity cards s 90 (prev s 50ZE) ins A2018-7 s 28 renum as s 90 R18 LA (see A2018-7 s 61)

Powers not to be exercised before identity card shown s 91 (prev s 50ZF) ins A2018-7 s 28 renum as s 91 R18 LA (see A2018-7 s 61) People assisting inspectors s 92 (prev s 50ZG) ins A2018-7 s 28 renum as s 92 R18 LA (see A2018-7 s 61) Entry and inspection div 9.3 hdg (prev div 5D.3 hdg) ins A2018-7 s 28 renum as div 9.3 hdg R18 LA (see A2018-7 s 61) Entering places of inspection and boats in lake areas s 93 (prev s 50ZH) ins A2018-7 s 28 renum as s 93 R18 LA (see A2018-7 s 61) Producing identity cards s 94 (prev s 50ZI) ins A2018-7 s 28 renum as s 94 R18 LA (see A2018-7 s 61) Consent to entry s 95 (prev s 50ZJ) ins A2018-7 s 28 renum as s 95 R18 LA (see A2018-7 s 61) Warrants s 96 (prev s 50ZK) ins A2018-7 s 28 renum as s 96 R18 LA (see A2018-7 s 61) Warrants—application made other than in person s 97 (prev s 50ZL) ins A2018-7 s 28 renum as s 97 R18 LA (see A2018-7 s 61) General powers on entry s 98 (prev s 50ZM) ins A2018-7 s 28 renum as s 98 R18 LA (see A2018-7 s 61) Power to seize evidence s 99 (prev s 50ZN) ins A2018-7 s 28 renum as s 99 R18 LA (see A2018-7 s 61) Boarding of boats div 9.4 hdg (prev div 5D.4 hdg) ins A2018-7 s 28 renum as div 9.4 hdg R18 LA (see A2018-7 s 61) Facilitating boarding of boats s 100 (prev s 50ZO) ins A2018-7 s 28 renum as s 100 R18 LA (see A2018-7 s 61) Directing boats after boarding s 101 (prev s 50ZP) ins A2018-7 s 28 renum as s 101 R18 LA (see A2018-7 s 61)

Requiring information after entry s 102 (prev s 50ZQ) ins A2018-7 s 28 renum as s 102 R18 LA (see A2018-7 s 61) Gathering information div 9.5 hdg (prev div 5D.5 hdg) ins A2018-7 s 28 renum as div 9.5 hdg R18 LA (see A2018-7 s 61) Masters to answer questions s 103 (prev s 50ZR) ins A2018-7 s 28 renum as s 103 R18 LA (see A2018-7 s 61) Masters to produce records s 104 (prev s 50ZS) ins A2018-7 s 28 renum as s 104 R18 LA (see A2018-7 s 61) People to provide information about owners or masters of boats s 105 (prev s 50ZT) ins A2018-7 s 28 renum as s 105 R18 LA (see A2018-7 s 61) Boat licences s 106 (prev s 50ZU) ins A2018-7 s 28 renum as s 106 R18 LA (see A2018-7 s 61) Dealing with things seized div 9.6 hdg (prev div 5D.6 hdg) ins A2018-7 s 28 renum as div 9.6 hdg R18 LA (see A2018-7 s 61) Receipts for things seized s 107 (prev s 50ZV) ins A2018-7 s 28 renum as s 107 R18 LA (see A2018-7 s 61) Access to things seized s 108 (prev s 50ZW) ins A2018-7 s 28 renum as s 108 R18 LA (see A2018-7 s 61) Return of things seized s 109 (prev s 50ZX) ins A2018-7 s 28 renum as s 109 R18 LA (see A2018-7 s 61) Disposal of things seized s 110 (prev s 50ZY) ins A2018-7 s 28 renum as s 110 R18 LA (see A2018-7 s 61) Detaining boats div 9.7 hdg (prev div 5D.7 hdg) ins A2018-7 s 28 renum as div 9.7 hdg R18 LA (see A2018-7 s 61) Inspectors may detain boats s 111 (prev s 50ZZ) ins A2018-7 s 28 renum as s 111 R18 LA (see A2018-7 s 61)

Territory to pay costs of detention s 112 (prev s 50ZZA) ins A2018-7 s 28 renum as s 112 R18 LA (see A2018-7 s 61) Owner to pay costs of detention s 113 (prev s 50ZZB) ins A2018-7 s 28 renum as s 113 R18 LA (see A2018-7 s 61) Notification and review of decisions pt 10 hdg (prev pt 6 hdg) sub A2008-37 amdt 1.260 renum as pt 10 hdg R18 LA (see A2018-7 s 61) Meaning of reviewable decision—pt 10 s 114 hdg (prev s 51 hdg) sub A2002-49 amdt 3.93 s 114 (prev s 51) am Ord1987-49 s 9; Ord1989-38 sch 1; A1991-89 s 7; 1994 No 60 sch 1 sub A2008-37 amdt 1.260 renum as s 114 R18 LA (see A2018-7 s 61) Reviewable decision notices s 115 (prev s 51AA) ins A2008-37 amdt 1.260 renum as s 115 R18 LA (see A2018-7 s 61) Applications for review s 116 (prev s 51AB) ins A2008-37 amdt 1.260 renum as s 116 R18 LA (see A2018-7 s 61) Miscellaneous pt 11 hdg (prev pt 7 hdg) ins A2008-37 amdt 1.260 renum as pt 11 hdg R18 LA (see A2018-7 s 61) Acts and omissions of representatives s 117 (prev s 51A) ins Ord1987-49 s 10 sub A2002-49 amdt 3.94; A2004-15 amdt 1.30 renum as s 117 R18 LA (see A2018-7 s 61) Evidence s 118 (prev s 52) am A2018-7 s 29 renum as s 118 R18 LA (see A2018-7 s 61) Privileges against self-incrimination and exposure to civil penalty s 119 (prev s 53) ins A2018-7 s 30 renum as s 119 R18 LA (see A2018-7 s 61)

Determination of fees s 120 (prev s 54) am Ord1983-31 s 11; Ord1989-38 sch 1; A1994-81 sch; A1995-46 sch sub A2001-44 amdt 1.2321 am A2011-3 amdt 3.275 renum as s 120 R18 LA (see A2018-7 s 61) Approved forms s 121 (prev s 55) ins A2001-44 amdt 1.2321 am A2002-49 amdt 3.95; A2011-3 amdt 3.275 renum as s 121 R18 LA (see A2018-7 s 61) om A2021-12 amdt 3.74 Regulation-making power s 122 (prev s 56) ins A2001-44 amdt 1.2321 am A2018-7 s 31 renum as s 122 R18 LA (see A2018-7 s 61) Exemptions by Minister s 123 (prev s 57) ins A2018-7 s 32 renum as s 123 R18 LA (see A2018-7 s 61) Breaching conditions of exemptions s 124 (prev s 58) ins A2018-7 s 32 am A2018-42 amdt 3.68, amdt 3.69 renum as s 124 R18 LA (see A2018-7 s 61) Compensation—acquisition of property s 125 (prev s 59) ins A2018-7 s 32 renum as s 125 R18 LA (see A2018-7 s 61) Reviewable decisions sch 1 hdg (prev sch 1 hdg) sub A2005-54 amdt 1.204 sch 1 orig sch 1 am Ord1978-4 s 7 om A2001-44 amdt 1.2322 prev sch 1 (prev sch 2) am A1993-64 sch 1 renum as sch 1 A2001-44 amdt 1.2323 om A2013-40 s 7 pres sch 1 (prev sch 2) ins A2008-37 amdt 1.261 renum as sch 1 R18 LA (see A2018-7 s 61)

Kingston Harbour sch 2 orig sch 2 renum as sch 1 prev sch 2 renum as sch 1 pres sch 2 (prev sch 3) ins A2018-7 s 33 renum as sch 2 R18 LA (see A2018-7 s 61) Molonglo Reach sch 3 orig sch 3 renum as sch 2 pres sch 3 (prev sch 4) ins A2018-7 s 34 renum as sch 3 R18 LA (see A2018-7 s 61) Molonglo Reach sch 4 renum as sch 3 dict ins A2002-49 amdt 3.96 am A2008-37 amdt 1.262; A2009-20 amdt 3.106; A2011-22 amdt 1.269; A2015-33 amdt 1.125; A2016-52 amdt 110; A2017-4 amdt 3.72; A2018-7 s 35; A2025-28 s 29 def appropriate lifejacket ins A2018-7 s 36 def associated work ins A2002-49 amdt 3.96 def boat ins A2002-49 amdt 3.96 def boating accident ins A2018-7 s 36 def commercial activities ins A2002-49 amdt 3.96 def Commonwealth Minister ins A2018-7 s 37 am A2025-28 s 30 def dairy bridge ins A2002-49 amdt 3.96 om A2009-20 amdt 3.107 def delegate for lakes ins A2002-49 amdt 3.96 def domestic commercial vessel ins A2018-7 s 38 def enter ins A2018-7 s 38 def foreshores ins A2002-49 amdt 3.96 sub A2013-40 s 8 def high level ins A2018-7 s 39 def inspector ins A2002-49 amdt 3.96 sub A2018-7 s 40 def Kingston Harbour ins A2018-7 s 41 def lake ins A2002-49 amdt 3.96 am A2013-40 s 9 sub A2018-7 s 42 am A2025-28 s 31 def lake area ins A2002-49 amdt 3.96 def Lake Burley Griffin ins A2002-49 amdt 3.96 sub A2009-20 amdt 3.108; A2018-7 s 43

def Lake Ginninderra ins A2002-49 amdt 3.96 om A2013-40 s 10 def low level ins A2018-7 s 44 def marine pilot ins A2018-7 s 45 def Marine Safety (Domestic Commercial Vessel) National Law ins A2018-7 s 45 def master ins A2018-7 s 45 def medium level ins A2018-7 s 46 def Molonglo Reach ins A2018-7 s 47 def obstruction to navigation ins A2018-7 s 47 def operate ins A2018-7 s 48 def operator ins A2005-54 amdt 1.205 om A2018-7 s 49 def owner ins A2002-49 amdt 3.96 sub A2018-7 s 50 def power boat ins A2002-49 amdt 3.96 def place of inspection ins A2018-7 s 51 def recreational boat ins A2018-7 s 51 def prohibited area ins A2002-49 amdt 3.96 def relevant period ins A2018-7 s 52 def required safety equipment ins A2018-7 s 53 def required standards ins A2018-7 s 53 def reviewable decision ins A2008-37 amdt 1.263 def RMS ins A2018-7 s 54 om A2025-28 s 32 def safety investigation ins A2018-7 s 55 def safety investigation report ins A2018-7 s 55 def safety investigator ins A2018-7 s 55 def special level ins A2018-7 s 56 def sports club ins A2002-49 amdt 3.96 sub A2018-7 s 57 def Sylvia Curley Bridge ins A2009-20 amdt 3.109 om A2018-7 s 58 def under way ins A2002-49 amdt 3.96 def unsafe ins A2018-7 s 59 def visible ins A2002-49 amdt 3.96 om A2018-7 s 60

Earlier republications 5 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk () in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1992-1 31 March 1992 2 A1994-97 28 February 1995 3 A1995-46 30 April 1998 4 A2001-44 26 October 2001 5 A2002-11 3 June 2002 6 A2002-46 3 December 2002 7 A2002-49 31 December 2002 8 A2004-15 9 April 2004 9 A2005-54 24 November 2005 10 A2008-37 2 February 2009 11 A2009-20 22 September 2009 12 A2011-3 1 March 2011 13 A2011-22 1 July 2011 14 A2013-40 27 January 2014 15 A2015-33 14 October 2015 16 A2016-52 1 September 2016 17 A2017-4 9 March 2017 18 A2018-42 5 March 2019 19 A2019-42 14 November 2019 20 A2020-47 4 September 2020 21 A2021-12 23 June 2021

Republication No Amendments to Republication date 22 A2023-36 27 November 2023 23 A2024-20 25 May 2024 24 A2025-28 26 November 2025 as made by A2018-7 s 61 and under the Legislation Act 2001 1 Name of Act 1 2 Dictionary 2 3 Notes 3 4 Offences against Act—application of Criminal Code etc 4A Application 5 4B Application of Act to inspectors 6 4C Application of Act in emergencies 7 4D Relationship to environmental and health laws 5 Declaration of area as lake 9 6 Delegate for lakes 10 13 Alterations in flow and water level 11 14 Compensation for damage 12 14A Meaning of operate—pt 4 13 15 Erection of signs 14 16 General restrictions on boats 15 17 Restrictions on bathing, swimming and diving 18 Interference etc with signs 17

19 Approved buoys, wharves and jetties 18 20 Restrictions on mooring 19 20A Speed limits 20 20B Restrictions on kinds of boats 21 21 Prohibition of use of lake area or parts of lake 22 Closing of parts of lake for certain events 23 Access to leased or occupied land 24 24 Anchoring boats at night 25 25 Mooring of boats 26 25A Use of power boats—interstate licence holders 25B Power boats operated under 10 knots 28 26 Use of power boats—other people 29 27 Restrictions—power boats 30 29 Restriction on use of hovercraft 31 30 Removal of vehicles and boats from a lake etc 31 Houseboats prohibited 33 32 Camping and caravanning 34 33 Agreements for use of lake areas 35 34 Commercial activities in lake area 36 35 Power to charge for admission 37 36 Operating unsafe boats 38 37 Reckless or negligent operation of boats 38 Climbing onto boats 40 39 Meaning of appropriate lifejacket—div 5.2

40 Children under 12 years 42 41 Recreational boats under 4.8m and off- the-shore boats 42 Directions by master to wear lifejackets 44 43 Failure to wear lifejackets—defence 45 43A Water skiing and other recreational activities 44 Owners to ensure lifejackets available 47 45 Owners and operators to provide information about life jackets Division 5.2A Other safety equipment Division 5.3 46 Application—div 5.2A 49 47 Definitions—div 5.2A 50 47A Owners and operators to ensure safety equipment available 47B Owners and operators to provide information about safety equipment Division 5.2B Safety directions Division 5.4 47C Closing lake areas or parts of lake 53 47D Safe use of lake areas 54 47E Passengers on domestic commercial vessels Division 5.2C Lighting, marking and removing obstructions Division 5.5 47F Lighting and marking obstructions 56 47G Notices to remove obstructions 57 47H Removing obstructions 58 47I Disposing of obstructions 59 Part 5A Drug and alcohol offences Part 6 50A Definitions—pt 5A 60 50B People under 18 years old 61 50C Special level of alcohol 62 50D Low level of alcohol 63 50E Medium level of alcohol 64

50F High level of alcohol 65 50G Under the influence of alcohol or drugs 66 50H Drugs 67 50I Evidence of alcohol levels 68 50J Alternative verdicts—medium level of 50K Alternative verdicts—high level of 50L Alternative verdicts—high, medium and low levels of alcohol 50M Defence—special level of alcohol 72 50N Application of Road Transport (Alcohol and Drugs) Act 1977 Part 5B Boating accidents Part 7 50O Obligation to stop 74 50P Obligation to give assistance 75 50Q Obligation to produce licence and give particulars 50R Obligation to report boating accidents to the Minister 50S Obligation to preserve evidence 78 Part 5C Safety investigations Part 8 50T Safety investigations 79 50U Appointment of safety investigators and powers 50V People assisting safety investigators 81 50W Conduct of safety investigations 82 50X People to give information, produce documents or answer questions 50Y Safety investigation reports 84 50Z Actions by Minister following safety investigations 50ZA Public release of safety investigation reports and recommendations

50ZB Protection from liability 87 Part 5D Enforcement Part 9 Division 5D.1 Definitions—pt 5D Division 9.1 50ZC Definitions—pt 5D 88 Division 5D.2 Inspectors Division 9.2 50ZD Inspectors 89 50ZE Identity cards 90 50ZF Powers not to be exercised before identity card shown 50ZG People assisting inspectors 92

Division 5D.3 Entry and inspection Division 9.3 50ZH Entering places of inspection and boats in lake areas 50ZI Producing identity cards 94 50ZJ Consent to entry 95 50ZK Warrants 96 50ZL Warrants—application made other than in person 50ZM General powers on entry 98 50ZN Power to seize evidence 99 Division 5D.4 Boarding of boats Division 9.4 50ZO Facilitating boarding of boats 100 50ZP Directing boats after boarding 101 50ZQ Requiring information after entry 102 Division 5D.5 Gathering information Division 9.5 50ZR Masters to answer questions 103 50ZS Masters to produce records 104 50ZT People to provide information about owners or masters of boats 50ZU Boat licences 106 Division 5D.6 Dealing with things seized Division 9.6 50ZV Receipts for things seized 107 50ZW Access to things seized 108 50ZX Return of things seized 109

50ZY Disposal of things seized 110 Division 5D.7 Detaining boats Division 9.7 50ZZ Inspectors may detain boats 111 50ZZA Territory to pay costs of detention 112 50ZZB Owner to pay costs of detention 113

Part 6 Notification and review of decisions 51 Meaning of reviewable decision—pt 6 114 51AA Reviewable decision notices 115 51AB Applications for review 116 Part 7 Miscellaneous Part 11 51A Acts and omissions of representatives 117 52 Evidence 118 53 Privileges against self-incrimination and exposure to civil penalty 54 Determination of fees 120 55 Approved forms 121 56 Regulation-making power 122 57 Exemptions by Minister 123 58 Breaching conditions of exemptions 124 59 Compensation—acquisition of property 125 Schedule 2 Reviewable decisions Schedule 1 Schedule 3 Kingston Harbour Schedule 2 Schedule 4 Molonglo Reach Schedule 3