Marine Safety Act 1998

A person is not liable to be convicted of both an offence against section 26 (1) and a related alcohol or drug offence if the offences arose directly or indirectly out of the same circumstances.

A person who—

is required by an authorised officer to submit to a breath test by reason of the occurrence of an event referred to in clause 3 (1) and, as a consequence, to submit to a breath analysis or to provide a sample of the person’s blood under Division 2 of Part 2, and

submits to the breath analysis in accordance with the directions of an authorised officer, or to the taking of a blood sample in accordance with the directions of an authorised sample taker,

A person who has had a sample of blood taken in accordance with clause 12 because of an accident is not to be charged with an offence against section 26 (1) if it is alleged as a component of the offence that the person was under the influence of alcohol and the offence relates to the same accident.

A person—

who submits to the taking of a blood sample under clause 6, or

who is prosecuted for failing or refusing to submit to the taking of a blood sample under clause 6 but who is able to establish the defence under clause 18 (3) in relation to the prosecution,

A person is not liable to be convicted of both an offence against clause 17 (1) (b) and an offence against clause 18 (1) (a) if the offences arose directly or indirectly out of the same circumstances.

In this clause—

section 24,

section 25,

clause 17,

clause 18,

clause 19.