(1) A person who is on an open area of a recreational vessel of a type listed in Column 2 of Table A in Schedule 5 must wear a personal flotation device—
(a) of a type specified in Column 3 of the Table opposite that type of vessel at all times when the vessel is underway on coastal waters; and
(b) of a type specified in Column 4 of the Table opposite that type of vessel at all times when the vessel is underway on enclosed waters; and
(c) of a type specified in Column 5 of the Table opposite that type of vessel at all times when the vessel is underway on inland waters.
Penalty: 5 penalty units.
(2) Subregulation (1) does not apply to a person who is operating a kiteboard or sailboard if—
(a) the person is no more than 400 metres from the shore; and
(b) the person is wearing a wetsuit that is at least 3 millimetres thick.
(3) Subregulation (1) does not apply to a person who—
(a) is engaged in diving from a recreational vessel that is displaying a dive flag and that is not moving at a speed greater than 5 knots; or
(b) is in the process of donning or removing diving equipment on board a recreational vessel that is displaying a dive flag and that is not moving at a speed greater than 5 knots.