Western Australian Marine Act 1982

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

a requirement to undergo an assessment of drug impairment under section 75FH; or

a requirement to allow a blood sample to be taken for analysis under section 75FJ; or

a leave vessel, accompany officer or wait requirement imposed in relation to a requirement referred to in paragraph (a) or (b).

for a first offence, a fine of not less than $1 750 or more than $3 750;

for a second offence, imprisonment for 9 months or a fine of not less than $3 150 or more than $5 250;

for a third or subsequent offence, imprisonment for 18 months or a fine of not less than $3 150 or more than $7 500.

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 —

for a first offence, for a period of not less than 10 months;

for a second offence, for a period of not less than 30 months;

for a third or subsequent offence, permanently.

In determining whether an offence against this section 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).

A police officer may arrest a person for an offence against subsection (1) without a warrant.