(2) If a person of or over the age of 15 years enters S. 31A(2) or is brought to a place for examination or amended by Nos 7/1995 treatment in consequence of a marine incident s. 4(2), (whether within Victoria or not) involving a 65/2010 s. 386(1), vessel, the person must allow an approved health 66/2012 s. 12, professional or a doctor to take from that person 55/2017 s. 35(1). at that place a sample of that person's blood for analysis if— S. 31A(2)(a) (a) the person was operating the vessel at the inserted by time the incident occurred; or No. 66/2012 s. 12. (b) the person was the master or pilot of the S. 31A(2)(b) inserted by vessel at the time the incident occurred and No. 66/2012 any of the following apply— s. 12. (i) the vessel was underway or at anchor at the time the incident occurred; (ii) the vessel ran aground as a result of the incident. For a first offence, 12 penalty units. For a subsequent offence, 25 penalty units or imprisonment for 3 months. S. 31A(2A) (2A) On convicting a person, or finding a person guilty, inserted by of an offence under subsection (2) involving a No. 93/2000 s. 10, registered recreational vessel or a regulated hire amended by and drive vessel the court must— Nos 90/2001 s. 7(1), 65/2010 s. 386(2)(a). (a) for a first offence— (i) in the case of an offender who is the S. 31A (2A)(a)(i) holder of a marine licence, cancel the amended by No. 65/2010 licence and disqualify the person from s. 386(2)(b). obtaining a marine licence for the time that the court thinks fit (not being less than 12 months);
S. 31A(2) amended by Nos 7/1995 s. 4(2), 65/2010 s. 386(1), 66/2012 s. 12, 55/2017 s. 35(1). (2) If a person of or over the age of 15 years enters or is brought to a place for examination or treatment in consequence of a marine incident (whether within Victoria or not) involving a vessel, the person must allow an approved health professional or a doctor to take from that person at that place a sample of that person's blood for analysis if— S. 31A(2)(a) inserted by No. 66/2012 s. 12. (a) the person was operating the vessel at the time the incident occurred; or S. 31A(2)(b) inserted by No. 66/2012 s. 12. (b) the person was the master or pilot of the vessel at the time the incident occurred and any of the following apply— (i) the vessel was underway or at anchor at the time the incident occurred; (ii) the vessel ran aground as a result of the incident. For a first offence, 12 penalty units. For a subsequent offence, 25 penalty units or imprisonment for 3 months. S. 31A(2A) inserted by No. 93/2000 s. 10, amended by Nos 90/2001 s. 7(1), 65/2010 s. 386(2)(a). (2A) On convicting a person, or finding a person guilty, of an offence under subsection (2) involving a registered recreational vessel or a regulated hire and drive vessel the court must— (a) for a first offence— S. 31A (2A)(a)(i) amended by No. 65/2010 s. 386(2)(b). (i) in the case of an offender who is the holder of a marine licence, cancel the licence and disqualify the person from obtaining a marine licence for the time that the court thinks fit (not being less than 12 months);