New South Wales Repealed Acts

This legislation has been repealed.

MARINE (BOATING SAFETY--ALCOHOL AND DRUGS) ACT 1991 - SECT 28

28 Contracts of insurance

(1) In this section, the following are "prescribed facts":

(a) the fact that a person has undergone a breath test or submitted to a breath test or breath analysis,

(b) the result of a breath test or breath analysis,

(c) the result of an analysis of blood or urine,

(d) the fact that a person has been convicted of an offence under section 7.

(2) A prescribed fact is not, for the purposes of any contract of insurance, admissible as evidence of the fact that that person was at any time under the influence of, or in any way affected by, a drug or incapable of operating a vessel, but nothing in this subsection precludes the admission of any other evidence to show any such fact.

(3) The provisions of this section have effect despite anything contained in any contract of insurance, and a covenant, term, condition or provision purporting to exclude, limit, modify or restrict the operation of this section is void.

(4) Any covenant, term, condition or provision contained in any contract of insurance purporting to exclude or limit the liability of an insurer in the event of the operator of a vessel being convicted of an offence under section 7 is void.