Marine Safety Act 1998

This clause applies to any proceedings for an offence against section 24 (Presence of prescribed concentration of alcohol in person’s breath or blood).

Evidence may be given in proceedings to which this clause applies of the concentration of alcohol present in the breath or blood of the person charged as determined by—

a breath analysis carried out by a police officer authorised to do so by the Commissioner of Police, or

an analysis of the person’s blood under this Schedule.

In any such proceedings, the concentration of alcohol so determined is taken to be the concentration of alcohol in the person’s breath or blood at the time of the occurrence of the event referred to in clause 3 if the breath analysis was made, or blood sample taken, within 2 hours after the event unless the defendant proves that the concentration of alcohol in the defendant’s breath or blood at the time concerned was—

in the case of an offence against section 24 (1)—zero grams of alcohol in 210 litres of breath or 100 millilitres of blood, or

in the case of an offence against section 24 (2)—less than 0.02 grams of alcohol in 210 litres of breath or 100 millilitres of blood, or

in the case of an offence against section 24 (3)—less than 0.05 grams of alcohol in 210 litres of breath or 100 millilitres of blood, or

in the case of an offence against section 24 (4)—less than 0.08 grams of alcohol in 210 litres of breath or 100 millilitres of blood, or

in the case of an offence against section 24 (5)—less than 0.15 grams of alcohol in 210 litres of breath or 100 millilitres of blood.

Nothing in subclause (3) affects the operation of section 24 (6) and (7).