Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:105
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 105
Character Range: 116363–117342

105  Under the influence of alcohol or drugs
 (1) A person commits an offence if:
 (a) the person operates a boat on a lake; and
 (b) the person is under the influence of alcohol or a drug to the extent that the person is incapable of having proper control of the boat.
Penalty: Imprisonment for 12 months or 23 penalty units, or both.
 (2) If a person is charged with an offence against subsection (1):
 (a) the charge may allege that the person was under the influence of alcohol or a drug; and
 (b) the charge in relation to paragraph (1)(b) may be proven by showing the person was under the influence of alcohol, or a drug, or both, to the extent mentioned in that paragraph.
Note: A police officer who has a screening device immediately available is not entitled to arrest a person for an offence against this section unless certain requirements are met (see section 106 of this Ordinance which applies section 45 of the Road Transport (Alcohol and Drugs) Act 1977 (ACT)).