102Prescribed concentration of alcohol in blood or breath

102  Prescribed concentration of alcohol in blood or breath

 (a) the person has been operating a boat on a lake; and

 (b) the person has, within the relevant period of operating the boat, the prescribed concentration of alcohol in the person’s blood or breath.

Penalty: As specified in subsection (2).

 (2) If a person is convicted of an offence against subsection (1) and the convicting court finds that the concentration of alcohol in the person’s blood or breath was at a level specified in column 1 of an item in the table, the person is punishable by the penalty specified in column 2 of that item.

 

• Penalty for offence against subsection (1)
• Item Column 1Alcohol concentration level Column 2Penalty
• 1 less than 0.08 g 8 penalty units
• 2 0.08 g or more but less than 0.15 g imprisonment for 6 months or 8 penalty units, or both
• 3 0.15 g or more imprisonment for 12 months or 15 penalty units, or both

 (3) For the purposes of paragraph (1)(b), the prescribed concentration of alcohol is:

 (a) for a person under 18 years old—more than 0 g of alcohol in 100 mL of blood or 210 L of breath; or

 (b) for a person operating a boat for a commercial purpose—more than 0g of alcohol in 100 mL of blood or 210 L of breath; or

 (c) for any other person—0.05g or more of alcohol in 100m L of blood or 210 L of breath.

 (4) In a prosecution for an offence against subsection (1):

 (a) evidence may be given of alcohol in the person’s blood based on an analysis of a sample of the person’s blood carried out at an approved laboratory and certified to be accurate by an analyst in accordance with the Road Transport (Alcohol and Drugs) Act 1977 (ACT) as it applies under section 106 of this Ordinance; and

 (b) evidence may be given of alcohol in the person’s breath based on an analysis of a sample of the person’s breath carried out in accordance with the Road Transport (Alcohol and Drugs) Act 1977 (ACT) as it applies under section 106 of this Ordinance.