Marine Safety Act 1998

A person must not wilfully do anything—

to alter the concentration of alcohol in the person’s breath or blood between the time of the event referred to in clause 3 (1) in respect of which the person has been required by an authorised officer to submit to a breath test under Division 2 and the time when the person submits to that test, or

to alter the concentration of alcohol in the person’s breath or blood between the time of the event referred to in clause 3 (1) in respect of which the person has been required by an authorised officer to submit to a breath test under Division 2 and the time when the person submits to a breath analysis or provides a sample of the person’s blood under that Division, or

to introduce, or alter the amount of, any prescribed illicit drug in the person’s oral fluid between the time of the event referred to in clause 7 (1) in respect of which the person has been required by an authorised officer to submit to an oral fluid test under Division 3 and the time when the person submits to that test, or

to introduce, or alter the amount of, any prescribed illicit drug in the person’s oral fluid or blood between the time of the event referred to in clause 7 (1) in respect of which the person has been required by an authorised officer to submit to an oral fluid test under Division 3 and the time when the person provides a sample of the person’s oral fluid or blood under that Division, or

in the case of an accident involving the person—to alter the concentration of alcohol in the person’s blood (except at the direction or under the supervision of an appropriate health professional) between the time of the accident concerned and the taking of a sample of the person’s blood in accordance with Division 4, or

to introduce, or alter the amount of, a drug in the person’s blood or urine between the time of the event that entitled an authorised officer under clause 3 (1) to require the person to submit to the breath test that entitled an authorised officer under clause 14 (1) to require the person to submit to a sobriety assessment and the time when the person submits to that assessment, or

to introduce, or alter the amount of, a drug in the person’s blood or urine between the time of the event that entitled an authorised officer under clause 3 (1) to require the person to submit to the breath test that entitled an authorised officer under clause 14 (1) to require the person to submit to a sobriety assessment and the time when the person provides a sample that the person is required to provide under Division 5.

in the case of an offence against subclause (1) (a), (b), (e), (f) or (g)—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), or

in the case of an offence against subclause (1) (c) or (d)—30 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).

It is a defence—

in the case of the prosecution of a person for an offence against subclause (1) (c)—if the person proves to the court’s satisfaction that the thing that the person is accused of doing was done more than 2 hours after the time of the event referred to in clause 7 (1), or

in the case of the prosecution of a person for an offence against subclause (1) (d) in relation to oral fluid—if the person proves to the court’s satisfaction that the thing that the person is accused of doing was done more than 2 hours after the time of the event referred to in clause 7 (1), or

in the case of the prosecution of a person for an offence against subclause (1) (d) in relation to blood—if the person proves to the court’s satisfaction that the thing that the person is accused of doing was done more than 4 hours after the time of the event referred to in clause 7 (1), or

in the case of the prosecution of a person for an offence against subclause (1) (e) in relation to a non-fatal accident—if the person proves to the court’s satisfaction that the thing that the person is accused of doing was done more than 2 hours after the accident occurred, or

in the case of the prosecution of a person for an offence against subclause (1) (e) in relation to a fatal accident—if the person proves to the court’s satisfaction that the thing that the person is accused of doing was done more than 4 hours after the accident occurred, or

in the case of the prosecution of a person for an offence against subclause (1) (f)—if the person proves to the court’s satisfaction that the thing that the person is accused of doing was done more than 4 hours after the time of the event that entitled an authorised officer under clause 3 (1) to require the person to submit to the breath test that entitled an authorised officer under clause 14 (1) to require the person to submit to the sobriety assessment.

In this clause—