S. 27(1) amended by No. 94/2003 s. 34(2)(a)(b), substituted by No. 66/2012 s. 4(1).
(1) For the purposes of this Part—
(a) if it is established that at any time within 3 hours after an alleged offence against paragraph (a) or (b) of section 28(1) a certain concentration of alcohol was present in the blood or breath of the person charged with the offence it must be presumed, until the contrary is proved, that not less than that concentration of alcohol was present in the person's blood or breath (as the case requires) at the time at which the offence is alleged to have been committed; and
(b) if it is established that at any time within 3 hours after an alleged offence against paragraph (ba) of section 28(1) a certain drug was present in the body of the person charged with the offence it must be presumed, until the contrary is proved, that that drug was present in the person's body at the time at which the offence is alleged to have been committed; and
(c) if it is established that at any time within 3 hours after an alleged offence against paragraph (bb) of section 28(1) a certain drug was present in the blood or oral fluid of the person charged with the offence it must be presumed, until the contrary is proved, that that drug was present in the person's blood or oral fluid at the time at which the offence is alleged to have been committed.
S. 27(1AA) inserted by No. 93/2000 s. 7, repealed by No. 65/2010 s. 378(1), new s. 27(1AA) inserted by No. 66/2012 s. 4(1), amended by No. 6/2018 s. 68(Sch. 2 item 85.1).
(1AA) For the purposes of an alleged offence against paragraph (ba) of section 28(1) it must be presumed that a drug found by an analyst to be present in the sample of blood or urine taken from the person charged was not due solely to the consumption or use of that drug after operating a vessel or being a master or pilot of a vessel underway or at anchor unless the contrary is proved by the person charged on the balance of probabilities by sworn or affirmed evidence given by him or her which is corroborated by the material evidence of another person.
S. 27(1AB) inserted by No. 66/2012 s. 4(1).
(1AB) For the purposes of sections 31AA and 31AB, a person operating a vessel or a master or pilot of a vessel is not to be taken to be impaired unless—
(a) in the case of a person operating a vessel, his or her behaviour or appearance is such as to give rise to a reasonable suspicion that he or she is unable to operate a vessel properly; or
(b) in the case of a master or pilot of a vessel, his or her behaviour or appearance is such as to give rise to a reasonable suspicion that he or she is unable to direct the proper operation of the vessel.
S. 27(1A) inserted by No. 20/1993 s. 4(1), amended by Nos 94/2003 ss 34(3), 35(1), 65/2010 s. 378(2), 66/2012 s. 4(2), 6/2018 s. 68(Sch. 2 item 85.1).
(1A) For the purposes of an alleged offence against paragraph (e) or (f) of section 28(1) it must be presumed that the concentration of alcohol indicated by an analysis to be present in the breath of the person charged or found by an analyst to be present in the sample of blood taken from the person charged (as the case requires) was not due solely to the consumption of alcohol after operating a vessel or being a master or pilot of a vessel underway or at anchor unless the contrary is proved by the person charged on the balance of probabilities by sworn or affirmed evidence given by him or her which is corroborated by the material evidence of another person.
S. 27(1B) inserted by No. 66/2012 s. 4(3), amended by No. 6/2018 s. 68(Sch. 2 item 85.1).
(1B) For the purposes of an alleged offence against paragraph (g) or (h) of section 28(1) it must be presumed that a drug found by an analyst to be present in the sample of blood or oral fluid provided by, or taken from, the person charged was not due solely to the consumption or use of that drug after operating a vessel or being a master or pilot of a vessel underway or at anchor unless the contrary is proved by the person charged on the balance of probabilities by sworn or affirmed evidence given by him or her which is corroborated by the material evidence of another person.
S. 27(1AAA) inserted by No. 23/2001 s. 18, substituted by No. 65/2010 s. 378(3).
(1AAA) A person is taken to be the master of a vessel under way, if that person is accompanying a person who is in control of the vessel, for the purpose of enabling the person who is in control of the vessel to comply with—
(a) any condition of the marine licence of the person; or
(b) any requirement of regulations made under this Act or the Marine Safety Act 2010—
that the person be accompanied by a licensed master while in control of the vessel.
S. 27(2) substituted by No. 20/1993 s. 4(2).
(2) If a person who is convicted of an offence against—
(a) any one of the paragraphs of section 28(1); or
(b) section 31A(2) as in force from time to time—
has at any time been found guilty or been convicted of—
(c) an offence against the same or any other of those paragraphs or that section; or
S. 27(2)(d) amended by No. 93/2009 s. 47(1)(a).
(d) an offence against any previous enactment corresponding to any of those paragraphs or that section or any corresponding law; or
S. 27(2)(e) inserted by No. 93/2009 s. 47(1)(b), amended by No. 56/2013 s. 29.
(e) an offence against section 318(1) of the Crimes Act 1958 (in relation to a vessel) where the culpable driving is constituted by behaviour referred to in section 318(2)(c) or (d) of that Act—
the conviction for the offence against that paragraph or section is to be taken to be a conviction for a subsequent offence.
S. 27(2A) inserted by No. 66/2012 s. 4(4).
(2A) An approval or authority given under or for the purposes of section 31 or 31AA(3) by the Chief Commissioner of Police may be revoked at any time in the manner in which it was given and on revocation ceases to have any effect.
S. 27(2B) inserted by No. 66/2012 s. 4(4), amended by No. 37/2014 s. 10(Sch item 106.2).
(2B) For the avoidance of doubt it is declared that nothing in this Part requires a person who is in a dwelling to allow a police officer to enter that dwelling without a warrant.
S. 27(3) substituted by No. 65/2010 s. 378(4).
(3) In this Part—
S. 27(3) def. of at anchor inserted by No. 66/2012 s. 4(5)(a).
at anchor, in relation to a vessel, does not include a vessel properly made fast at a registered mooring or at anchor at a registered mooring;
operate, in relation to a vessel, means to facilitate or control the movement or navigation of a vessel or a thing connected to a vessel;
registered mooring means any floating fixture, marker, pile, buoy, cable or chain attached to anchors or a weight the position of which is either registered with, or recorded by, the local port manager, port management body or waterway manager and compliant with any applicable rules of the local port manager, port management body or waterway manager;
S. 27(3) def. of vessel under way substituted as def. of vessel underway by No. 66/2012 s. 4(5)(b).
vessel underway, in relation to a vessel, includes any period when the vessel is being secured, moored or retrieved from the water but does not include a vessel that is—
(a) at anchor; or
(b) properly made fast to the shore or properly made fast at a registered mooring or at anchor at a registered mooring; or