Marine Safety Act 1998 No 121
Current version for 26 November 2012 to date (accessed 26 May 2013 at 14:12)

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).

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