Marine Safety Act 1998
24Presence of prescribed concentration of alcohol in person’s breath or blood
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24 Presence of prescribed concentration of alcohol in person’s breath or blood
24 Presence of prescribed concentration of alcohol in person’s breath or blood
(1) Offence—novice range prescribed concentration of alcohol A person who is under 18 years of age must not, while there is present in the person’s breath or blood the novice range prescribed concentration of alcohol, operate a vessel in any waters.
Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).
(2) Offence—special range prescribed concentration of alcohol A person must not operate a vessel in any waters while there is present in his or her breath or blood the special range prescribed concentration of alcohol if—
(a) the person is under 18 years of age, or
(b) the person is operating the vessel for commercial purposes.
Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).
(3) Offence—low range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the low range prescribed concentration of alcohol, operate a vessel in any waters.
Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).
(4) Offence—middle range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the middle range prescribed concentration of alcohol, operate a vessel in any waters.
Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).
(5) Offence—high range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol, operate a vessel in any waters.
Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(6) Alternative verdicts for lesser offences If the court on a prosecution of a person for an offence against any subsection of this section is not satisfied that the offence is proven but is satisfied that the person has committed an offence against any other subsection of this section of a less serious nature, the court may acquit the person of the offence with which the person is charged and find the person guilty of an offence against the other subsection. The person is liable to be punished accordingly.