26Operating vessel under influence of alcohol or other drug

#### 26 Operating vessel under influence of alcohol or other drug 26 Operating vessel under influence of alcohol or other drug > > (1) A person must not operate a vessel in any waters while under the influence of alcohol or any other drug. > > > > 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). > > > (2) The master of a vessel must not permit a person to operate in any waters a vessel in the charge of the master if the master is aware, or has reasonable cause to believe, that the person is under the influence of alcohol or any other drug. > > > > 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). > > > (3) If a person is charged with an offence under this section— > > > > > (a) the court attendance notice may allege the person was under the influence of more than 1 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 defendant was under the influence of— > > > > > > > (i) a drug described in the court attendance notice, or > > > > > > > (ii) a combination of drugs any one or more of which was or were described in the court attendance notice. > > **s 26:** Am 2000 No 93, Sch 2.31 \[1\] \[2\]. Subst 2008 No 59, Sch 1 \[12\];2016 No 28, Sch 1 \[20\].