17Person who has consumed more than certain amount of alcohol not to be allowed to operate non-commercial vessel

17 Person who has consumed more than certain amount of alcohol not to be allowed to operate non-commercial vessel

(1)  The owner of a vessel to which this Division applies must not cause or allow a person who has more than the permitted concentration of alcohol in his or her breath or blood to operate the vessel.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 25 penalty units; and

(b) a second offence, a fine not exceeding 50 penalty units; and

(c) a third or subsequent offence, a fine not exceeding 100 penalty units.

(2)  The person in charge of a vessel to which this Division applies must not cause or allow another person to operate the vessel if the other person has more than the permitted concentration of alcohol in his or her breath or blood.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 25 penalty units; and

(b) a second offence, a fine not exceeding 50 penalty units; and

(c) a third or subsequent offence, a fine not exceeding 100 penalty units.

(3)  However, it is a defence in proceedings for an offence under subsection (1) or (2) if the defendant establishes that, at the time of the alleged offence, the defendant did not know and could not reasonably have been expected to know that the person who the defendant caused or allowed to operate the vessel had more than the permitted concentration of alcohol in his or her breath or blood.

(4)  It is also a defence in proceedings for an offence under subsection (1) or (2) if the defendant establishes that –

(a) at the time of the alleged offence, there was an emergency threatening the safety of the vessel or persons aboard the vessel; and

(b) the emergency was unrelated to the conduct of the defendant or the person who the defendant caused or allowed to operate the vessel; and

(c) it was necessary for the defendant to cause or allow that person to operate the vessel in a particular capacity at that time in order to deal with the emergency; and