Marine Safety Act 1998

For the purposes of any contract of insurance, any of the following facts are not admissible as evidence of the fact that a person was at any time under the influence of or in any way affected by intoxicating liquor or incapable of operating or of exercising effective control over a vessel—

the fact that a person has submitted to a breath test or breath analysis under this Schedule,

the result of a breath test or breath analysis,

the fact that a person has submitted to an oral fluid test or provided a sample for oral fluid analysis under this Schedule,

the result of an oral fluid test or oral fluid analysis,

the fact that a person has been convicted of an offence against any of the following provisions—

section 24,

section 25,

clause 17,

clause 18,

clause 19.

For the purposes of any contract of insurance, the results of any analysis of blood or urine under this Schedule are not admissible as evidence of the fact that a person was at any time under the influence of or in any way affected by intoxicating liquor or any other drug or incapable of operating or of exercising effective control over a vessel.

Nothing in subclause (1) or (2) precludes the admission of any other evidence to show a fact referred in the subclause.

The provisions of this clause have effect despite anything contained in any contract of insurance.

Any covenant, term, condition or provision in any contract of insurance is void—

to the extent that the operation of this clause is excluded, limited, modified or restricted, or

to the extent that it purports to exclude or limit the liability of the insurer in the event of any person being convicted of—

an offence against section 24 or 25 (1) or (3), or

an offence against a provision of Part 2.

However, nothing in subclause (5) precludes the inclusion in a contract of insurance of any other covenant, term, condition or provision under which the liability of the insurer is excluded or limited.