Western Australian Marine Act 1982

This section applies in relation to an offence against section 75CD(1) if it is alleged, or it appears on the evidence, that the person charged was impaired by 1 or more drugs.

It is a defence to a charge of the offence for the person charged to prove that —

the drug, or each drug, was prescribed for, or administered to, the person charged by a medical practitioner, nurse practitioner or dentist for therapeutic reasons; and

if the person charged received the drug, or 1 of the drugs, in packaged form — the packaging did not include a label advising that the drug was likely to affect a person in a way that would be inconsistent with the person being capable of having proper control of a vessel; and

the person charged was not aware, and could not reasonably have been expected to be aware, that the drug or combination of drugs were likely to affect the person in a way that would be inconsistent with the person being capable of having proper control of a vessel.

This section has effect despite section 75CE.