I had a long chat with a colleague who worked in the Water Police. Essentially a kayak is a vessel or "ship". This means that the same rules and stipulations apply to a kayak as apply to a tinny or other boat. Of particular note is EPIRB. A PLB is not considered sufficient to act in place of an EPIRB. If you Kayak over two nautical miles from shore or (beyond partially smooth waters) an EPIRB is required. The legislation is below.
Transport Operations (Marine Safety) Act 1994
S10 Meaning of ship
(1) A ship is any kind of boat or other vessel used, or intended to be used, in navigation by water or for any other purpose on water.
(2) Without limiting subsection (1), a ship includes a boat or other vessel—
(a) whatever its size; and
(b) however it is propelled or moved; and
(c) whether it is on land or in water.
(3) A ship includes, for example—
(a) a barge, lighter or other floating vessel; and
(b) a hovercraft or other surface effect craft.
(4) A ship does not include a vessel declared by regulation not to be a ship.
(5) A regulation may provide that a ship includes an aircraft when it is on water or is taking off, or landing on, water.
(6) Except as provided by a regulation under subsection (5), a ship does not include an aircraft.
(7) A reference to a ship includes the ship’s equipment.
s41 General safety obligation of ship owners and masters about condition of ships
(1) The owner and master of a ship must not operate the ship unless the ship is safe.
Maximum penalty—500 penalty units or imprisonment for 1 year.
(2) However, if the contravention of subsection (1) causes a marine incident involving the death of, or grievous bodily harm to, a person, the owner and master commit an indictable offence and are liable to a maximum penalty of 5000 penalty units or imprisonment for 2 years.
(3) For the purposes of this section, a ship is safe if it is seaworthy, and is appropriately equipped and crewed, to meet the ordinary perils of the voyage on which the ship is proceeding or about to proceed.
Transport Operations (Marine Safety) Regulations 2004
s9A Ship to be equipped with EPIRB
(1) The ship must be equipped with an EPIRB that—
(a) has an operational frequency of 406MHz; and
(b) complies with AS/NZS 4280.1:2003; and
(c) has been registered under section 9B by the owner or master of the ship on which the EPIRB is to be operated; and
(d) has up-to-date registration; and
(e) has attached to it a current registration label issued by AMSA.
(2) For subsection (1)(d), an EPIRB has up-to-date registration if—
(a) there has been no change in the particulars given by the owner or master of the ship to AMSA under section 9B for the registration of the EPIRB; or
(b) notice of each change in the particulars has been given by the owner or master of the ship to AMSA under section 9C for the EPIRB.
(3) An EPIRB that complies with this section is safety equipment to which section 44 of the Act applies.
s29 Lighting devices for signalling for recreational ship on water at night
(1) Despite section 27(1)(c), this section also applies to a recreational ship mentioned in section 60(2)(f) and (i).
(2) A recreational ship on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention.
Examples of lighting devices—
torches, lanterns, fluorescent lights and cyalume sticks
(3) Also, the ship must display a flashing white all-round light if the ship—
(a) is used for training or competition; and
(b) is not powered but is propelled by using oars or paddles; and
(c) is operated on the Brisbane River.
(4) Subsections (2) and (3) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 126.
30 Safety equipment for recreational ship operating in smooth waters
(1) A recreational ship, other than a personal watercraft, operating in smooth waters must be equipped with—
(a) a PFD type 1, 2 or 3 for each person on board; and
(b) if the ship is more than 5m, firefighting equipment capable of extinguishing fire on the ship quickly and effectively.
(2) However, subsection (1)(a) does not apply if—
(a) the ship operates in a river, creek, stream or the waters contained within breakwaters or revetments; and
(b) the ship is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the ship; and
(c) there is a statement in the approved form for the ship that the ship has positive flotation.
31 Safety equipment for recreational ship operating in partially smooth waters and beyond
A recreational ship, other than a personal watercraft, operating in or beyond partially smooth waters must be equipped with—
if the ship is operating in partially smooth waters—a PFD type 1 or 2 for each person on board; and
if the ship is operating beyond partially smooth waters—a PFD type 1 for each person on board; and
(c) a V sheet; and
(d) 2 handheld red flares; and
(e) 2 handheld orange smoke signals; and
(f) if the ship is more than 5m—firefighting equipment capable of extinguishing fire on the ship quickly and effectively.
(2) The flares and signals mentioned in subsection (1)(d) and (e) must conform to—
(a) the USL code; or
(b) SOLAS; or
(c) AS 2092—2004.
PB from the Yak Estuary Cod 52cm, GT 65cm, Bar Tail Flathead 41cm, Dusky 55cm, Long Tom 45cm, Pikey Bream 41cm, Snapper 71cm, School Mackerel 73cm,