NSWIn ForceRegulation
Marine Safety Regulation 2016
121Minimum safety equipment to be carried on recreational vessels
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#### 121 Minimum safety equipment to be carried on recreational vessels
121 Minimum safety equipment to be carried on recreational vessels
> > (1) The owner and the operator of a recreational vessel on navigable waters must ensure that the vessel carries the safety equipment specified in Schedule 8 in respect of the vessel and that any such safety equipment—
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> > > (a) complies with the standards specified in Schedule 7 in respect of the equipment, and
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> > > (b) is in good condition, and
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> > > (c) is maintained in accordance with the manufacturer’s instructions (if any) provided for the equipment, and
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> > > (d) is replaced when the manufacturer’s specified expiry date (if any) for the equipment is reached, and
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> > > (e) is stored or placed so as to enable quick and easy access to it.
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> > (2) The owner and the operator of a recreational vessel on navigable waters must ensure that each person on board the vessel is aware of where the equipment required by this Regulation to be carried on the vessel is stored or placed.
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> > (3) The owner and the operator of a recreational vessel on navigable waters that is required to carry appropriate lifejackets must ensure that the lifejackets (while not in use)—
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> > > (a) are kept clearly visible to persons on board the vessel, or
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> > > (b) are stored in a location that is unobstructed and marked by a clearly visible sign that has the word “lifejackets” in red letters on a white background or white letters on a red background.
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> > (4) Transport for NSW may, by notice in writing given to a person who is the owner or operator of a recreational vessel on navigable waters, request the person to provide evidence of a kind specified in the notice relating to the maintenance, condition or storage of any equipment required by this Regulation to be carried on the vessel.
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> > (5) A person who is given a notice under subclause (4) must not, without reasonable excuse, fail to provide the evidence requested within the time specified in the notice.
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> > (6) It is a reasonable excuse for the purposes of subclause (5) that to comply with the notice and provide the evidence might tend to incriminate a natural person or make the person liable to any forfeiture or penalty.
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> Maximum penalty (subclauses (1)–(3) and (5)): 50 penalty units.