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.