South Australian Numbered Acts

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STATUTES AMENDMENT (VEHICLE AND VESSEL OFFENCES) ACT 2005 (NO 81 OF 2005) - SECT 14

14—Substitution of section 69

Section 69—delete the section and substitute:

69—Careless operation of a vessel

        (1)         A person who operates a vessel without due care for the safety of any person or property is guilty of an offence.

Maximum penalty:

            (a)         for an aggravated offence—12 months imprisonment; or

            (b)         for any other offence—$2 500.

        (2)         For the purposes of this section, an aggravated offence is—

            (a)         an offence that caused the death of, or serious harm to, a person; or

            (b)         an offence committed in any of the following circumstances:

                  (i)         the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;

                  (ii)         the offender was, at the time of the offence, operating the vessel in contravention of section 70(1).

        (3)         If a person is charged with an aggravated offence against this section, the circumstances alleged to aggravate the offence must be stated in the instrument of charge.

        (4)         In this section—

"serious harm" means—

            (a)         harm that endangers, or is likely to endanger, a person's life; or

            (b)         harm that consists of, or is likely to result in, loss of, or serious and protracted impairment of, a part of the body or a physical or mental function; or

            (c)         harm that consists of, or is likely to result in, serious disfigurement.

69A—Dangerous operation of a vessel

A person who operates a vessel at a dangerous speed or in a dangerous manner is guilty of an offence.

Maximum penalty: Imprisonment for 2 years.



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