106Application of Road Transport (Alcohol and Drugs) Act 1977 (ACT)

106  Application of Road Transport (Alcohol and Drugs) Act 1977 (ACT)

 (1) A provision of the Road Transport (Alcohol and Drugs) Act 1977 (ACT), as in force at the commencement of this Ordinance, mentioned in subsection (2) of this section applies in relation to a person who operates a boat on a lake as if:

 (a) a reference to a road or road related area included a reference to a lake or lake area; and

 (b) a reference to a driver of a motor vehicle on a road in the Territory included a reference to a person operating a boat on a lake; and

 (c) a reference to a driver of a motor vehicle included a reference to a person who operates a boat; and

 (d) a reference to driving included a reference to operating; and

 (e) a reference to a motor vehicle included a reference to a boat; and

 (f) a reference to a motor vehicle involved in an accident included a reference to a boat involved in an accident; and

 (g) a reference to an offence against section 24 of that Act included a reference to an offence against section 105 of this Ordinance; and

 (h) a reference to an offence against that Act included a reference to an offence against this Part; and

 (i) a reference to that Act included a reference to this Part; and

 (j) a reference to the DPP were a reference to the Director of Public Prosecutions under the Director of Public Prosecutions Act 1983.

 (2) The following provisions of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) and any regulation made for the purpose of the following provisions (as in force at the commencement of this Ordinance), apply in relation to a person who operates a boat on a lake:

 (a) section 4D and sections 5 to 6;

 (b) Part 2 (other than sections 9A, 10, 13BA, 13C, and 18B);

 (c) sections 22 to 23 and section 25 (other than subsection 25(2));

 (d) Part 7;

 (e) Part 9 (other than sections 50 and 51);

 (f) any definitions in the Dictionary of terms used in provisions mentioned in paragraphs (a) to (e) of this subsection, except the definitions of drug, prescribed concentration and prescribed drug.

 (3) If a provision of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) applies in relation to a person who operates a boat on a lake, an entity who has a function under that Act may exercise the function in relation to the person.

Example: Entities who have functions under the Road Transport (Alcohol and Drugs) Act 1977 (ACT) include an analyst, a police officer, an authorised operator, a doctor or nurse, and an approved laboratory.

 (4) Part 8 of this Ordinance (Enforcement) does not restrict the operation of a provision of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) that applies under this section.