WAIn ForceAct
Western Australian Marine Act 1982
Part 3ASafe navigation of vessels, and alcohol and drug related offences
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Part 3A — Safe navigation of vessels, and alcohol and drug related offences
75A. Terms used 63
75AA. When individual operates or navigates vessel 63
75AB. When vessel is involved in incident 64
75AC. Person taken to be in command or charge of vessel for purposes of Parts 3A and 3B 64
75AD. Person is incapable of having proper control of vessel 65
75AE. Person with BAC of 0.15 or above taken to be incapable of proper control 66
75AF. Circumstances of aggravation 66
Division 2 — Safe navigation of vessels and alcohol and drug related offences
Subdivision 1 — Dangerous navigation of vessels occasioning death, grievous bodily harm or bodily harm
75B. Dangerous navigation of vessel occasioning death 67
75BA. Dangerous navigation of vessel occasioning grievous bodily harm 69
75BB. Dangerous navigation of vessel occasioning bodily harm 71
75BC. Careless navigation of vessel occasioning death, grievous bodily harm or bodily harm 74
Subdivision 2 — Reckless, dangerous and careless navigation of vessels
75BD. Reckless navigation of vessel 74
75BE. Dangerous navigation of vessel 76
75BF. Careless navigation of vessel 77
Subdivision 3 — Provisions relating to offences in Subdivisions 1 and 2
75BG. Application of Subdivision 78
75BH. Circumstances occasioning death, grievous bodily harm or bodily harm 78
75BI. Provisions for offences involving incidents occasioning death, grievous bodily harm or bodily harm 79
75BJ. Defence: death or harm not attributable to alcohol or drugs 80
75BK. Defence: death or harm not attributable to manner of operation or level of care and attention 80
75BL. Defence: inspector or police officer navigating vessel in certain circumstances 81
Division 3 — Navigation of vessels while under the influence of alcohol or drugs or impaired by drugs
75C. Navigation of vessel while under influence of alcohol or drugs 81
75CA. Navigation of vessel while under influence of both alcohol and drugs 85
75CB. Defence: under influence of drug prescribed or administered for therapeutic reasons 88
75CC. Master must not permit person under influence of alcohol or drugs or both to operate vessel 89
75CD. Navigation of vessel while impaired by drugs 89
75CE. When person may be convicted of navigation of vessel while impaired by drugs offence 91
75CF. Defence: impaired by drug prescribed or administered for therapeutic reasons 92
75CG. Rights of person charged with particular offences 92
Division 4 — Navigation of vessels with particular BAC or prescribed illicit drug present
75D. Navigation of vessel while BAC is 0.05 or above 93
75DA. Navigation of vessel while BAC is 0.08 or above 96
75DB. Navigation of vessel while prescribed illicit drug present 98
75DC. Navigation of vessel while BAC is 0.05 or above and prescribed illicit drug present 99
75DD. Navigation of vessel while BAC is 0.08 or above and prescribed illicit drug present 102
75DE. Mistaken belief about prescribed illicit drug is not defence 105