New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 24

24 Presence of prescribed concentration of alcohol in person’s breath or blood

(1) Offence-youth range prescribed concentration of alcohol A person who is under 18 years of age must not operate a vessel in any waters while there is present in his or her breath or blood the youth range prescribed concentration of alcohol.

Maximum penalty: 10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).

(2) Offence-special range prescribed concentration of alcohol A person must not operate a vessel in any waters while there is present in his or her breath or blood the special range prescribed concentration of alcohol if:

(a) the person is under 18 years of age, or

(b) the person is operating the vessel for commercial purposes.

Maximum penalty: 10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).

(3) Offence-low range prescribed concentration of alcohol A person must not operate a vessel in any waters while there is present in his or her breath or blood the low range prescribed concentration of alcohol.

Maximum penalty: 10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).

(4) Offence-middle range prescribed concentration of alcohol A person must not operate a vessel in any waters while there is present in his or her breath or blood the middle range prescribed concentration of alcohol.

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).

(5) Offence-high range prescribed concentration of alcohol A person must not operate a vessel in any waters while there is present in his or her breath or blood the high range prescribed concentration of alcohol.

Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).