Jervis Bay Territory Marine Safety Ordinance 2016
62Presence of higher concentration of alcohol not a defence
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62 Presence of higher concentration of alcohol not a defence
(1) It is not a defence to a prosecution for an offence against section 56 if the defendant proves that, at the time he or she was operating the vessel, or supervising a juvenile operator of the vessel, there was present in the defendant’s breath or blood a concentration of alcohol of 0.02 grams or more in 210 litres of breath or 100 millilitres of blood. (2) It is not a defence to a prosecution for an offence against section 57 if the defendant proves that, at the time he or she was operating the vessel, or supervising a juvenile operator of the vessel, there was present in the defendant’s breath or blood a concentration of alcohol of 0.05 grams or more in 210 litres of breath or 100 millilitres of blood. (3) It is not a defence to a prosecution for an offence against section 58 if the defendant proves that, at the time he or she was operating the vessel, or supervising a juvenile operator of the vessel, there was present in the defendant’s breath or blood a concentration of alcohol of 0.08 grams or more in 210 litres of breath or 100 millilitres of blood. (4) It is not a defence to a prosecution for an offence against section 59 if the defendant proves that, at the time he or she was operating the vessel, or supervising a juvenile operator of the vessel, there was present in the defendant’s breath or blood a concentration of alcohol of 0.15 grams or more in 210 litres of breath or 100 millilitres of blood.