New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 26

26 Presence of higher concentration of alcohol not defence

(1) It is not a defence to a prosecution for an offence under section 24 (1) if the defendant proves that, at the time he or she was operating the vessel, there was present in the defendant’s breath or blood a concentration of alcohol of 0.02 grammes or more in 210 litres of breath or 100 millilitres of blood.

(2) It is not a defence to a prosecution for an offence under section 24 (2) if the defendant proves that, at the time he or she was operating the vessel, there was present in the defendant’s breath or blood a concentration of alcohol of 0.05 grammes or more in 210 litres of breath or 100 millilitres of blood.

(3) It is not a defence to a prosecution for an offence under section 24 (3) if the defendant proves that, at the time he or she was operating the vessel, there was present in the defendant’s breath or blood a concentration of alcohol of 0.08 grammes or more in 210 litres of breath or 100 millilitres of blood.

(4) It is not a defence to a prosecution for an offence under section 24 (4) if the defendant proves that, at the time he or she was operating the vessel, there was present in the defendant’s breath or blood a concentration of alcohol of 0.15 grammes or more in 210 litres of breath or 100 millilitres of blood.