[(1) deleted]
(2) In this
Part —
appropriate lifejacket , for a person,
means —
(a) in
relation to a registrable vessel that is not a personal watercraft, any of the
following, of a size and buoyancy appropriate to the body mass of that
person —
(i)
a Level 100 lifejacket;
(ii)
a Level 150 lifejacket;
(iii)
a Level 275 lifejacket;
(iv)
a SOLAS lifejacket;
and
(b) in
relation to a non‑registrable vessel and a registrable vessel that is a
personal watercraft, any of the following, of a size and buoyancy appropriate
to the body mass of that person —
(i)
a Level 50S lifejacket;
(ii)
a Level 50 lifejacket;
(iii)
a Level 100 lifejacket;
(iv)
a Level 150 lifejacket;
(v)
a Level 275 lifejacket;
(vi)
a SOLAS lifejacket;
approved electronic visual distress signal means
an electronic visual distress signal approved by the Minister, for the
purposes of regulation 52B, by notice published in the Gazette ;
AS , followed by a designation, means the
Australian Standard having that designation published by Standards Australia;
AS/NZS , followed by a designation, means the
Australian/New Zealand Standard having that designation jointly published
by Standards Australia and the Standards Council of New Zealand;
Australian Communications and Media Authority
means the Australian Communications and Media Authority established under the
Australian Communications and Media Authority Act 2005 (Commonwealth)
section 6;
Emergency Position‑Indicating Radio Beacon
means an emergency position‑indicating radio beacon registered with the
Australian Maritime Safety Authority established under the
Australian Maritime Safety Authority Act 1990 (Commonwealth)
section 5 that —
(a)
before 1 September 2028, complies with —
(i)
AS/NZS 4280.1:2003; or
(ii)
AS/NZS 4280.1:2017; or
(iii)
AS/NZS 4280.1:2022;
and
(b) on
or after 1 September 2028 but before 1 September 2033, is
GNSS‑equipped and complies with —
(i)
AS/NZS 4280.1:2017; or
(ii)
AS/NZS 4280.1:2022;
and
(c) on
or after 1 September 2033, is GNSS‑equipped and complies with
AS/NZS 4280.1:2022;
GNSS‑equipped , in relation to an Emergency
Position‑Indicating Radio Beacon or a personal locator beacon, means
capable of —
(a)
determining, by means of a global navigation satellite system, the location of
the Emergency Position‑Indicating Radio Beacon or personal locator
beacon, as the case may be; and
(b)
encoding information as to the location within the signal transmitted by the
Emergency Position‑Indicating Radio Beacon or personal locator beacon;
ISO , followed by a designation, means the
standard having that designation published by the International Organization
for Standardization;
Level 50 lifejacket means —
(a) a
lifejacket classified as Level 50 by AS 4758; or
(b) a
buoyancy aid classified as performance level 50 by ISO 12402;
Level 50S lifejacket means —
(a) a
lifejacket classified as Level 50S by AS 4758; or
(b) a
special purpose buoyancy aid classified as performance level 50 by
ISO 12402;
Level 100 lifejacket means —
(a) a
lifejacket classified as Level 100 by AS 4758; or
(b) a
lifejacket classified as performance level 100 by ISO 12402;
Level 150 lifejacket means —
(a) a
lifejacket classified as Level 150 by AS 4758; or
(b) a
lifejacket classified as performance level 150 by ISO 12402;
Level 275 lifejacket means —
(a) a
lifejacket classified as Level 275 by AS 4758; or
(b) a
lifejacket classified as performance level 275 by ISO 12402;
marine transceiver means a marine radio
transceiver approved by the Australian Communications and Media Authority that
is —
(a) a
High Frequency or Very High Frequency radio; or
(b)
before 1 September 2028 — a 27 MHz radio;
non‑registrable vessel —
(a)
means a pleasure vessel that is not a registrable vessel within the meaning of
paragraph (a) of the definition of registrable vessel in
regulation 2(1); and
(b)
includes a tender;
paddle craft —
(a)
means a vessel that is propelled by a paddle or by the movements of a person
operating the paddle craft, including, for example, a canoe, a kayak
(sit‑in or sit‑on‑top) and a surfski; but
(b) does
not include a stand-up paddle board;
para‑sailing means the sport or exercise
where a person is towed over water by a motor boat and with the aid of a kite,
parachute or similar apparatus becomes airborne;
personal locator beacon means a beacon registered
with the Australian Maritime Safety Authority established under the
Australian Maritime Safety Authority Act 1990 (Commonwealth)
section 5 that —
(a)
before 1 September 2028, complies with —
(i)
AS/NZS 4280.2:2003; or
(ii)
AS/NZS 4280.2:2017;
and
(b) on
or after 1 September 2028, is GNSS‑equipped and complies with
AS/NZS 4280.2:2017;
sailboard means a vessel that is principally
propelled by wind, including, for example, a board that is used for
kiteboarding, kitefoiling, windfoiling, windsurfing, wingboarding,
wingfoiling, winging, wingsailing or wingsurfing;
sailboard riding includes kiteboarding,
kitefoiling windfoiling, windsurfing, wingboarding, wingfoiling or similar use
of a sailboard for the purpose of engaging in a water-related recreational
activity;
SOLAS lifejacket means a lifejacket that meets the
standards of the current International Convention for the Safety of Life at
Sea;
trick water ski‑ing means the sport or
exercise of being towed over the water by a motor boat, without being
continuously supported on the surface;
water ski‑ing means the sport or exercise of
being towed over water, at a speed of 8 knots or more, by a motor boat, so as
to be supported on the surface by a ski or skis, an aquaplane or other
apparatus, or the feet; and water skier means a person engaging in water
ski‑ing or in trick water ski‑ing.
[Regulation 46 inserted: Gazette
19 Dec 1962 p. 4014‑15; amended: Gazette
12 Jul 1974 p. 2625; 16 May 1986 p. 1661;
10 Apr 1992 p. 1598; 28 Aug 1992
p. 4240‑1; 24 Apr 1998 p. 2162; 8 May 2001
p. 2273; 1 Sep 2006 p. 3599; 9 Jan 2009
p. 37; 27 Aug 2010 p. 4113; 25 Jul 2014
p. 2582; 3 Mar 2017 p. 1485‑6; SL 2023/135
r. 13; SL 2024/191 r. 19.]
[Heading inserted: SL 2023/135 r. 14.]
[ 46A. Deleted: Gazette 3 Mar 2017
p. 1486.]
[Heading deleted: Gazette 1 Jul 1983 p. 2263.]