Version No. 001
Marine (Drug, Alcohol and Pollution
Control) Regulations 2012
S.R. No. 46/2012
Version as at
1 July 2012
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
5
1
Objectives
Authorising provision
Commencement
Revocations
Definition
1
1
1
1
2
PART 2—ALCOHOL TESTING
6
7
8
9
10
11
12
3
Prescribed breath test devices
Procedure for breath analysis
Breath analysis certificate
Method of obtaining blood sample
Procedure after taking blood sample
Certificate by registered medical practitioner or approved health
professional taking blood sample
Certificate by properly qualified analyst
PART 3—SUSPENSION OF MARINE LICENCES
13
14
Notice of immediate marine licence suspension
Suspended marine licence document to be surrendered to
Director
__________________
3
3
3
4
4
5
5
6
6
6
SCHEDULES
7
SCHEDULE 1—Certificate of Results of Breath Analysis
7
SCHEDULE 2—Certificate by Registered Medical Practitioner or
Approved Health Professional Taking Blood Sample
8
i
Regulation
Page
SCHEDULE 3—Certificate by Properly Qualified Analyst
9
═══════════════
ENDNOTES
10
1. General Information
10
2. Table of Amendments
11
3. Explanatory Details
12
ii
Version No. 001
Marine (Drug, Alcohol and Pollution
Control) Regulations 2012
S.R. No. 46/2012
Version as at
1 July 2012
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are—
(a) to prescribe devices and procedures for
obtaining evidence in relation to the presence
of alcohol in breath and blood samples;
(b) to prescribe matters in relation to the
suspension of marine licences;
(c) to prescribe other matters authorised under
the Marine (Drug, Alcohol and Pollution
Control) Act 1988.
2 Authorising provision
These Regulations are made under section 105 of
the Marine (Drug, Alcohol and Pollution
Control) Act 1988.
3 Commencement
These Regulations come into operation on 1 July
2012.
4 Revocations
The following regulations are revoked—
(a) the Marine Regulations 20091;
(b) the Marine Amendment Regulations 20102;
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Part 1—Preliminary
r. 5
(c) the Marine Further Amendment Regulations
20113.
5 Definition
In these Regulations, the Act means the Marine
(Drug, Alcohol and Pollution Control) Act
1988.
__________________
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Part 2—Alcohol Testing
r. 6
PART 2—ALCOHOL TESTING
6 Prescribed breath test devices
The devices prescribed for the purposes of
section 29(1) of the Act are the breath testing
devices known as—
(a) the lion alcolmeter SD-400 Touch; and
(b) the Lion Alcolmeter, also known as the lion
alcolmeter S-D2; and
(c) the lion alcolmeter SD-400PA; and
(d) the Alcolizer LE.
7 Procedure for breath analysis
It is a requirement for the proper operation of a
breath analysing instrument that a person
authorised under section 31(3) of the Act to
operate a breath analysing instrument—
(a) does not require a person to provide a breath
sample for analysis until the authorised
person is satisfied that the person has not
consumed any alcohol for a period of at least
15 minutes before the analysis; and
(b) provides a fresh mouthpiece for use by each
person required to provide a breath sample;
and
(c) provides a mouthpiece which, until required
for taking a breath sample, has been kept in a
sealed container.
8 Breath analysis certificate
For the purposes of section 31(4) of the Act, the
prescribed form for a certificate is the form in
Schedule 1.
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Part 2—Alcohol Testing
r. 9
9 Method of obtaining blood sample
If a blood sample is taken for the purposes of the
Act by a registered medical practitioner or an
approved health professional or doctor (within the
meaning of section 31A of the Act)—
(a) the sample must be obtained by
venipuncture; and
(b) the site of the puncture must be cleansed
with a swab taken from a container that—
(i) is sealed against contamination; and
(ii) bears a label stating that the container
holds an aqueous solution of
chlorhexidine and cetrimide and no
methylated spirits, alcohol, tincture of
iodine or other substance containing
alcohol.
10 Procedure after taking blood sample
(1) A registered medical practitioner or an approved
health professional or doctor (within the meaning
of section 31A of the Act) who takes a blood
sample for the purposes of section 31 or 31A of
the Act must ensure that—
(a) the sample of blood is placed in 3 dry
containers, each containing approximately
the same amount of blood; and
(b) each container is vacuum sealed or sealed
with a septum seal; and
(c) each container in which the sample is placed
bears a label stating—
(i) the specific anticoagulant and the
specific preservative that the container
holds; and
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Part 2—Alcohol Testing
r. 11
(ii) the name of the chemist, laboratory or
pharmaceutical organisation that
prepared the container; and
(d) each container has attached to it a label
bearing the signature of the registered
medical practitioner or approved health
professional or doctor, the date and time the
sample was taken and the name of the person
from whom the sample was taken or, if the
name of the person is not known, sufficient
information to enable the sample to be
identified with the person from whom it was
taken.
(2) If a blood sample has been taken under
section 31A of the Act, the doctor must ensure
that—
(a) one container is placed in a locked receptacle
provided for that purpose at the place at
which the sample was taken; and
(b) one container is placed and sealed in a
container labelled "screening sample"; and
(c) one container is delivered to the person from
whom the blood sample was taken or placed
with that person's personal property at the
place at which the sample was taken.
11 Certificate by registered medical practitioner or
approved health professional taking blood sample
For the purposes of section 32(3) of the Act, the
prescribed form for a certificate is the form in
Schedule 2.
12 Certificate by properly qualified analyst
For the purposes of section 32(4) of the Act, the
prescribed form for a certificate is the form in
Schedule 3.
__________________
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Part 3—Suspension of Marine Licences
r. 13
PART 3—SUSPENSION OF MARINE LICENCES
13 Notice of immediate marine licence suspension
A notice for the purposes of section 28C(1) of the
Act must, in addition to the matters referred to in
that section, contain the following particulars—
(a) the name and address of the accused; and
(b) a statement of the offence with which the
accused is charged and, in the case of an
offence under section 28(1)(b), (e) or (f) of
the Act, the alleged concentration of alcohol
in the blood or breath (as the case requires)
of the accused; and
(c) the approximate time and location that the
offence with which the accused is charged is
alleged to have been committed; and
(d) the name, signature and business address of
the person who charged the accused; and
(e) the date on which the notice was given to the
accused.
14 Suspended marine licence document to be
surrendered to Director
For the purposes of section 61BA(7) of the Act, a
person to whom section 61BA(1) of the Act
applies must surrender his or her marine licence
document to the Director.
__________________
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S.R. No. 46/2012
Sch. 1
SCHEDULES
SCHEDULE 1
Regulation 8
CERTIFICATE OF RESULTS OF BREATH ANALYSIS
I, [insert name], of [insert address]—
(1) am the person who operated the breath analysing instrument whose
serial number is given below; and
(2) am authorised to operate the breath analysing instrument by the Chief
Commissioner of Police; and
(3) state that the following matters are true to the best of my knowledge—
(a) Serial number of breath analysing instrument used to conduct the
breath analysis:
(b) Sample number:
(c) Location where the test was conducted:
(d) Name of person whose breath was analysed:
(e) Date of birth of person whose breath was analysed:
(f) Results of self test conducted by breath analysing instrument
before person's breath was analysed:
(g) Results of self test conducted by breath analysing instrument
after person's breath was analysed:
(h) Results of zero tests conducted by breath analysing instrument
before person's breath was analysed:
(i) Results of zero tests of breath analysing instrument after person's
breath was analysed:
(j) Date that person's breath was analysed:
(k) Time that person's breath was analysed:
(l) Concentration of alcohol in grams per 210 litres of exhaled air
present in sample furnished by person whose breath was
analysed:
Signature:
__________________
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Sch. 2
SCHEDULE 2
Regulation 11
CERTIFICATE BY REGISTERED MEDICAL
PRACTITIONER OR APPROVED HEALTH PROFESSIONAL
TAKING BLOOD SAMPLE
I, [insert name of registered medical practitioner or approved health
professional], certify that the sample of blood described below was taken in
accordance with the requirements of the Marine (Drug, Alcohol and Pollution
Control) Regulations 2012.
Name of the person from whom the blood sample was taken:
Date that the blood sample was taken:
Time that the blood sample was taken:
Name of the registered medical practitioner or approved health professional
who took the sample:
Signature of the registered medical practitioner or approved health
professional who took the sample:
__________________
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Sch. 3
SCHEDULE 3
Regulation 12
CERTIFICATE BY PROPERLY QUALIFIED ANALYST
I, [insert name], certify that—
(a) I am a properly qualified analyst within the meaning of section 32 of
the Marine (Drug, Alcohol and Pollution Control) Act 1988; and
(b) the concentration of alcohol found in the blood sample described
below was:
The method of analysis of the blood sample analysed was as follows:
[insert a statement as to the method of analysis used]
Description of the contents of the identification label referred to in
regulation 10(1)(d) that is attached to the container in which the blood sample
is placed:
[insert a description of the identification label]
Date on which the analysis was conducted:
Name of the properly qualified analyst:
Signature of the properly qualified analyst:
═══════════════
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Marine (Drug, Alcohol and Pollution Control) Regulations 2012
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Endnotes
ENDNOTES
1. General Information
The Marine (Drug, Alcohol and Pollution Control) Regulations 2012 were
made on 13 June 2012 by the Lieutenant-Governor as the Governor's deputy
with the advice of the Executive Council under section 105 of the Marine
(Drug, Alcohol and Pollution Control) Act 1988, No. 52/1988 and came
into operation on 1 July 2012: regulation 3.
The Marine (Drug, Alcohol and Pollution Control) Regulations 2012 will
sunset 10 years after the day of making on 13 June 2022 (see section 5 of the
Subordinate Legislation Act 1994).
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Marine (Drug, Alcohol and Pollution Control) Regulations 2012
S.R. No. 46/2012
Endnotes
2. Table of Amendments
There are no amendments made to the Marine (Drug, Alcohol and Pollution
Control) Regulations 2012 by statutory rules, subordinate instruments and
Acts.
11
Marine (Drug, Alcohol and Pollution Control) Regulations 2012
S.R. No. 46/2012
Endnotes
3. Explanatory Details
1
Reg. 4(a): S.R. No. 180/2009 as amended by S.R. Nos 27/2010 and
125/2011.
2
Reg. 4(b): S.R. No. 27/2010.
3
Reg. 4(c): S.R. No. 125/2011.
12