Victorian Consolidated Legislation

Marine Act 1988 - SECT 27

PART 4 OFFENCES INVOLVING ALCOHOL OR OTHER DRUGS

Interpretation

27. Interpretation



(1) For the purposes of this Part, if it is established that at any time
within 3 hours after an alleged offence against section 28(1)(a) or (b) a
certain concentration of alcohol was present in the blood or breath of the
person charged with the offence it must be presumed, until the contrary is
proved, that not less than that concentration of alcohol was present in the
person's blood or breath (as the case requires) at the time at which the
offence is alleged to have been committed.

(1AA) For the purposes of this Part a person is not to be taken to be in
charge of a vessel unless that person is attempting to start or operate the
vessel or unless there are reasonable grounds for the belief that that person
intends to start or operate the vessel.

(1A) For the purposes of an alleged offence against paragraph (e) or (f) of
section 28(1) it must be presumed that the concentration of alcohol indicated
by an analysis to be present in the breath of the person charged or found by
an analyst to be present in the sample of blood taken from the person charged
(as the case requires) was not due solely to the consumption of alcohol after
being in charge of a vessel under way unless the contrary is proved by the
person charged on the balance of probabilities by sworn evidence given by him
or her which is corroborated by the material evidence of another person.





(1AAA) A person is to be taken to be in charge of a vessel under way, if that
person is accompanying a person who is in charge of the vessel, for the
purpose of enabling the person who is in charge of the vessel to comply with-

   (a)  any condition of the person's licence; or

   (b)  any requirement of regulations made under this Act-

that the person be accompanied by a licensed operator while in charge of the
vessel.

(2) If a person who is convicted of an offence against-

   (a)  any one of the paragraphs of section 28(1); or

   (b)  section 31A(2) as in force from time to time-

has at any time been found guilty or been convicted of-

   (c)  an offence against the same or any other of those paragraphs or that
        section; or

   (d)  an offence against any previous enactment corresponding to any of
        those paragraphs or that section or any corresponding law-

the conviction for the offence against that paragraph or section is to be
taken to be a conviction for a subsequent offence.

(3) In this Part, vessel under way means a vessel that is not-

   (a)  at anchor; or

   (b)  made fast to the shore; or

   (c)  aground; or

   (d)  ashore.