37Noise control equipment to be properly maintained

37 Noise control equipment to be properly maintained

37 Noise control equipment to be properly maintained

(1) A person must not cause or permit an engine powered vessel to be used on navigable waters if the vessel’s noise control equipment is defective or is not securely in place.

Maximum penalty—100 penalty units in the case of a corporation or 50 penalty units in the case of an individual.

(2) For the purposes of this clause, the circumstances in which noise control equipment is defective are taken to include—

(a) where an authorised marine officer reasonably believes the equipment has been modified in a way that makes it less effective than it would have been if the modification had not been made, or

(b) where the equipment allows gas to escape from a place other than the intended exhaust outlet.

(3) In this clause—

engine, in relation to a vessel, includes the whole of the machinery involved in the propulsion and operation of the vessel.