South Australian Numbered Acts South Australian Numbered ActsSection 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.