24Presence of prescribed concentration of alcohol in person’s breath or blood

#### 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. > > > (7) For the purposes of subsection (6)— > > > > > (a) an offence against subsection (1), (2), (3) or (4) is of a less serious nature than an offence against subsection (5), and > > > > > (b) an offence against subsection (1), (2) or (3) is of a less serious nature than an offence against subsection (4), and > > > > > (c) an offence against subsection (1) or (2) is of a less serious nature than an offence against subsection (3), and > > > > > (d) an offence against subsection (1) is of a less serious nature than an offence against subsection (2). > > > (8) Presence of higher concentration of alcohol not defence It is not a defence to a prosecution for an offence against a subsection of this section if the defendant proves that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, a greater concentration of alcohol was present in the defendant’s breath or blood than the prescribed concentration of alcohol referred to in the subsection. > > > (9) Defence for offence relating to novice range prescribed concentration of alcohol It is a defence to a prosecution for an offence against subsection (1) if the defendant proves to the court’s satisfaction that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, the presence in the defendant’s breath or blood of the novice range prescribed concentration of alcohol was not caused (in whole or in part) by any of the following— > > > > > (a) the consumption of an alcoholic beverage (otherwise than for the purposes of religious observance), > > > > > (b) the consumption or use of any other substance (for example, food or medicine) for the purpose of consuming alcohol. > > **s 24:** Am 2005 No 4, Sch 1 \[3\] \[4\]; 2007 No 99, Sch 2.5 \[3\] \[4\]. Subst 2008 No 59, Sch 1 \[12\]; 2016 No 28, Sch 1 \[20\]. > > **s 24A:** Ins 2005 No 4, Sch 1 \[5\]. Am 2007 No 99, Sch 2.5, \[5\]. Rep 2008 No 59, Sch 1 \[12\].