41Penalties for direct breaches of marine alcohol restrictions

41 Penalties for direct breaches of marine alcohol restrictions

(1)  This section applies if a court convicts a person of an offence under Part 2 that is specified in column 1 of the table at the foot of this section ("the table").

(2)  The court must, regardless of any other penalty it may impose for the offence –

(a) impose the fine that is specified in column 3 of the table for the offence; and

(b) disqualify the person for the period that is specified in column 4 of the table for the offence.

(3)  However, if the convicted person satisfies the court that there are special circumstances why the specified fine or period of disqualification (or both) should not be imposed, the court may impose a lesser fine or period of disqualification (or both).

(4)  For the purposes of subsection (2) , the fine and the period of disqualification are to be ascertained by reference to the concentration of alcohol in the convicted person's breath or blood as specified in column 2 of the table.

(5)  On disqualifying the convicted person, the court may also do either or both of the following:

(a) suspend or cancel a local mariners certificate held by the convicted person;

(b) prohibit the person from applying, for a period specified by the court, for a local mariners certificate specified by the court.

(6)  A suspension under subsection (5) may be for –

(a) the same period as the period of disqualification; or

(b) such lesser period as the court thinks fit.

(7)  For the purposes of exercising any of its discretions under this section, the court may have regard to such matters as it thinks fit in the circumstances, including any relevant matters.

(8)  The court is to cause copies or notice of its sentencing orders to be given to MAST and MAST may inform a corresponding maritime authority of those orders.

| Column 1Offence | Column 2Concentration of alcohol(grams of alcohol in 210L of breath or in 100ml of blood) | Column 3Fine(in penalty units) | Column 4Disqualification period(in months) | | Section 13(1) | Not more than 0.05 | 2 | 3 | | | More than 0.05 but not more than 0.100 | 4 | 6 | | | More than 0.100 but not more than 0.150 | 6 | 9 | | | More than 0.150 but not more than 0.200 | 8 | 12 | | | More than 0.200 | 10 | 15 | | Section 16(1) | More than 0.05 but not more than 0.100 | 2 | 3 | | | More than 0.100 but not more than 0.150 | 4 | 6 | | | More than 0.150 but not more than 0.200 | 6 | 9 | | | More than 0.200 | 8 | 12 |