Document ID: chunk:federal_register_of_legislation:F2024C00997:reg:62
Version: federal_register_of_legislation:F2024C00997
Segment Type: reg
Provision Reference: reg 62
Character Range: 60120–61619

62  Presence of higher concentration of alcohol not a defence
 (1) It is not a defence to a prosecution for an offence against section 56 if the defendant proves that, at the time he or she was operating the vessel, or supervising a juvenile operator of the vessel, there was present in the defendant's breath or blood a concentration of alcohol of 0.02 grams or more in 210 litres of breath or 100 millilitres of blood.
 (2) It is not a defence to a prosecution for an offence against section 57 if the defendant proves that, at the time he or she was operating the vessel, or supervising a juvenile operator of the vessel, there was present in the defendant's breath or blood a concentration of alcohol of 0.05 grams or more in 210 litres of breath or 100 millilitres of blood.
 (3) It is not a defence to a prosecution for an offence against section 58 if the defendant proves that, at the time he or she was operating the vessel, or supervising a juvenile operator of the vessel, there was present in the defendant's breath or blood a concentration of alcohol of 0.08 grams or more in 210 litres of breath or 100 millilitres of blood.
 (4) It is not a defence to a prosecution for an offence against section 59 if the defendant proves that, at the time he or she was operating the vessel, or supervising a juvenile operator of the vessel, there was present in the defendant's breath or blood a concentration of alcohol of 0.15 grams or more in 210 litres of breath or 100 millilitres of blood.