New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 20

20 Definitions

(1) In this Part and in Schedule 1:
"breath analysing instrument" has the same meaning as in the Road Transport (Safety and Traffic Management) Act 1999 .
"breath test" has the same meaning as in the Road Transport (Safety and Traffic Management) Act 1999 .
"drug" has the same meaning as it has in the Road Transport (Safety and Traffic Management) Act 1999 .
"juvenile" means a person who is not more than 16 years of age.
"major offence" means:

(a) the crime of murder or manslaughter or an offence against section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900 , being a crime or offence by which the death of or bodily harm to another person was caused by or arose out of the operation of a vessel, or

(b) an offence against this Part.

"operate a vessel" includes:

(a) being towed by a vessel, whether on a water ski, aquaplane, paraflying device or other device, or

(b) act as observer on a vessel, for safety purposes, of any person being towed by the vessel, or

(c) supervise a juvenile operator of a motor vessel.

(2) A reference in this Part to a major offence includes a reference to any such offence committed before the commencement of this Part.

Note: A reference to a major offence includes an offence against Part 2 of the Marine (Boating Safety-Alcohol and Drugs) Act 1991 committed before the repeal of that Act by this Act (see clause 3 of Schedule 4).

(3) An offence against a provision of this Part or Schedule 1 is a "second or subsequent offence" only if, within the period of 5 years immediately before a person is convicted of the offence, the person was convicted of another offence against the same provision or of a major offence.

(4) An offence against a provision of this Part or Schedule 1 is a "first offence" if it is not a second or subsequent offence.