53Offence to operate rescue unit or rescue vehicle without accreditation

#### 53 Offence to operate rescue unit or rescue vehicle without accreditation 53 Offence to operate rescue unit or rescue vehicle without accreditation > > (1) A person who establishes, manages or controls a rescue unit which is not accredited under this Division is guilty of an offence. > > > > Maximum penalty—50 penalty units. > > > (1A) It is an offence for a person who is not a member of a rescue unit accredited under this Division to display, drive or operate a rescue vehicle. > > > > Maximum penalty—50 penalty units. > > > (1B) It is a defence to any proceeding under subsection (1A) if the person who contravened the subsection had a reasonable excuse or lawful authority for displaying, driving or operating the rescue vehicle. > > > (2) A rescue unit is required to be accredited even though— > > > > > (a) it is a unit of the NSW Police Force, Fire and Rescue NSW, the Ambulance Service of NSW, the State Emergency Service, the NSW Rural Fire Service or any other government agency, or > > > > > (b) it is a unit of a volunteer agency, or > > > > > (b1) it is a unit comprised of persons from one or more emergency services organisations or other agencies, or > > > > > (c) it carries out, in addition to operations for the rescue of persons, other operations such as the rescue of animals or the recovery of property. > > > (3) A rescue unit is not required to be accredited— > > > > > (a) if it is a unit only engaged in surf life-saving, or > > > > > (b) (Repealed) > > > > > (c) if it is a unit (including a unit of the New South Wales Mines Rescue Brigade) which only carries out rescues at mines under the [Coal Industry Act 2001](/view/html/inforce/current/act-2001-107), or > > > > > (d) in any other circumstances prescribed by the regulations. > > **s 53:** Am 1990 No 48, Sch 1; 1994 No 13, Sch 4; 1995 No 13, Sch 4.30; 1995 No 91, Sch 1 \[30\]; 2005 No 80, Sch 1 \[8\]; 2006 No 58, Sch 2.54; 2006 No 84, Sch 2.15; 2006 No 94, Sch 3.33 \[6\]; 2012 No 103, Sch 3 \[35\]; 2018 No 59, Sch 1 \[16\]–\[18\]; 2023 No 42, Sch 5\[7\].