Marine Safety Act 1998

This clause applies to any proceedings for an offence against section 26 (1) (Operating vessel under influence of alcohol or other drug).

In proceedings to which this clause applies—

evidence may be given of the presence of a drug, or the presence of a particular concentration of drug, in the blood or urine of the person charged, as determined pursuant to an analysis under this Schedule of a sample of the person’s blood or urine, and

the drug the presence of which is so determined or the particular concentration of the drug the presence of which is so determined (as the case may be) is to be taken to have been present in the blood or urine of that person when the event referred to in section 26 (1) occurred if the sample was taken within 4 hours after the event, unless the defendant proves the absence of the drug, or the presence of the drug in a different concentration, when the event occurred.