Western Australian Marine Act 1982

A person commits an offence if the person fails to comply with —

a requirement to provide a sample of breath for a preliminary breath test under section 75EE or 75EF; or

a requirement to provide a sample of oral fluid for a preliminary oral fluid test under section 75F or 75FA; or

a leave vessel, accompany officer or wait requirement relating to a requirement referred to in paragraph (a) or (b); or

a requirement to take reasonable steps to facilitate an inspector or police officer boarding or moving a vessel under section 75GB.

for a first offence, a fine of not less than $450 or more than $1 200;

for a second or subsequent offence, a fine of not less than $900 or more than $2 100.

A court sentencing a person for an offence against subsection (1) must order that the person is disqualified from holding or obtaining a WA marine qualification as follows —

for a first offence, for a period of not less than 3 months;

for a second or subsequent offence, for a period of not less than 6 months.

In determining whether an offence against subsection (1) is a first, second or subsequent offence, a previous offence against a provision specified in the Table must be taken into account as if it were an offence against subsection (1).