120Meaning of “appropriate lifejacket”

120 Meaning of “appropriate lifejacket”

120 Meaning of “appropriate lifejacket”

(1) In this Regulation, a reference to an appropriate lifejacket is a reference to—

(a) in the case of a vessel operating in enclosed waters—a lifejacket level 50S or greater, and

(b) in the case of a vessel operating in open waters—a lifejacket level 100 or greater, and

(c) in the case of a kiteboard, sailboard, canoe, personal watercraft or off-the-beach vessel operating in any waters—a lifejacket level 50S or greater, and

(d) in the case of a person being towed by any vessel or wake boarding or wake surfing from a vessel (whether or not the person is using a rope)—a lifejacket level 50S or greater.

(2) Despite subclause (1), a lifejacket is not an appropriate lifejacket for the purposes of this Regulation if—

(a) the lifejacket relies solely on oral inflation for buoyancy, or

(b) the lifejacket is not the correct size for the wearer or intended wearer, or

(c) the lifejacket is not in good condition.

(3) Despite subclause (1), an inflatable lifejacket is not an appropriate lifejacket for the purposes of this Regulation unless—

(a) the lifejacket was purchased or otherwise acquired new by the current owner no more than 12 months ago, or

(b) the lifejacket has been serviced—

(i) at intervals of 12 months or less, or

(ii) at least at such longer intervals as are indicated by the manufacturer’s instructions (if any) provided for the lifejacket.

(4) In this clause—

lifejacket level 50S means a lifejacket that meets performance level 50S of Australian Standard AS 4758Lifejackets (as in force from time to time) that complies with the requirements set out in Schedule 7 for that lifejacket.

lifejacket level 100 means a lifejacket that meets performance level 100 of Australian Standard AS 4758Lifejackets (as in force from time to time) that complies with the requirements set out in Schedule 7 for that lifejacket.

cl 120: Am 2016 (613), Sch 1 [26].