Jervis Bay Territory Marine Safety Ordinance 2016
55Offence—operating a vessel under the influence of alcohol or another drug
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55 Offence—operating a vessel under the influence of alcohol or another drug
(1) A person commits an offence if: (a) the person: (i) operates a vessel in Territory waters; or (ii) supervises a juvenile operator in Territory waters; and (b) the person is under the influence of alcohol or any other drug.
Penalty: 15 penalty units.
(2) The master of a vessel commits an offence if: (a) the master permits a person to operate, or to supervise a juvenile operator of, the vessel in Territory waters; and (b) the master is aware, or has reasonable cause to believe, that the person is under the influence of alcohol or any other drug.
Penalty: 15 penalty units.
(3) If a person is charged with an offence against subsection (1), or the master of a vessel is charged with an offence against subsection (2) in respect of a person: (a) the court attendance notice may allege the person was under the influence of more than one drug and is not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the court attendance notice; and (b) the offence is proved if the court is satisfied beyond reasonable doubt that the person was under the influence of: (i) a drug described in the court attendance notice; or (ii) a combination of drugs at least one of which was described in the court attendance notice.