Commentary on Sections Section 10: Exceeding alcohol limit for safety-critical duties
40.Section 10 adds a new section 20A to AFA 2006. That section creates a new offence where a member of the armed forces exceeds a prescribed alcohol level (the section does not cover drugs) when carrying out a prescribed duty. It also applies when a person might reasonably be expected to carry out such a duty. A duty may only be prescribed if its performance (while the ability to do so is impaired through alcohol) would carry a risk of death, serious injury, serious damage to property or serious environmental harm.
41.Under the new section the relevant duties and limits for breath, blood and urine are to be prescribed in regulations made by the Defence Council. It is likely that prescribed duties will include one relating to aviation and maritime functions and that in relation to such duties a strict limit will be prescribed.