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Lakes Act 1976
45Failure to wear lifejackets—defence
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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).