HARBORS AND NAVIGATION ACT 1993 - SECT 70
HARBORS AND NAVIGATION ACT 1993 - SECT 70
(a) a
person operates a vessel or is a member of the crew of a vessel who is, or
ought to be, engaged in duties affecting the safe navigation, operation or use
of the vessel; and
(b) that
person is so much under the influence of intoxicating liquor or a drug as to
be incapable of exercising effective control of the vessel or of effectively
discharging the duties that the person is or ought to be performing (as the
case requires),
that person is guilty of an offence.
Penalty:
(a) for
a first offence—
(i)
a fine of not less than $1 100 and not more than
$1 600; or
(ii)
imprisonment for not more than 3 months;
(b) for
a subsequent offence—
(i)
a fine of not less than $1 900 and not more than
$2 900; or
(ii)
imprisonment for not more than 6 months.
(a) a
person operates a vessel or is a member of the crew of a vessel who is, or
ought to be, engaged in duties affecting the safe navigation, operation or use
of the vessel; and
(b) the
prescribed concentration of alcohol is present in the blood of that person,
that person is guilty of an offence.
Penalty:
(a) for
a first offence—
(i)
if the offence is a category 1 offence—$1 100;
(ii)
if the offence is a category 2 offence—a fine
of not less than $900 and not more than $1 300;
(iii)
if the offence is a category 3 offence—a fine
of not less than $1 100 and not more than $1 600;
(b) for
a second offence—
(i)
if the offence is a category 1 offence—$1 100;
(ii)
if the offence is a category 2 offence—a fine
of not less than $1 100 and not more than $1 600;
(iii)
if the offence is a category 3 offence—a fine
of not less than $1 600 and not more than $2 400;
(c) for
a subsequent offence—
(i)
if the offence is a category 1 offence—$1 100;
(ii)
if the offence is a category 2 offence—a fine
of not less than $1 500 and not more than $2 200;
(iii)
if the offence is a category 3 offence—a fine
of not less than $1 900 and not more than $2 900.
(a) a
person operates a vessel or is a member of the crew of a vessel who is, or
ought to be, engaged in duties affecting the safe navigation, operation or use
of the vessel; and
(b) a
prescribed drug is present in the oral fluid or blood of that person,
that person is guilty of an offence.
Penalty:
(a) for
a first offence—a fine of not less than $900 and not more than
$1 300;
(b) for
a second offence—a fine of not less than $1 100 and not more than
$1 600;
(c) for
a third or subsequent offence—a fine of not less than $1 500 and
not more than $2 200.
(3a) Subject to
subsection (3b), it is a defence to a charge of an offence against
subsection (3) if the defendant proves that the defendant did not
knowingly consume the prescribed drug present in the defendant's oral fluid or
blood.
(3b) Subsection (3a)
does not apply if the defendant consumed the prescribed drug believing that
the defendant was consuming a substance unlawfully but was mistaken as to,
unaware of or indifferent to the identity of the prescribed drug.
(4) In determining
whether an offence is a first, second or subsequent offence for the purposes
of this section, any previous prescribed alcohol or drug offence for which the
defendant has been convicted will be taken into account, but only if the
previous offence was committed within the period of 5 years immediately
preceding the date on which the offence under consideration was committed.