Harbors and Navigation (Alcohol and Drug Testing) (Transport Portfolio) Amendment Regulations 2022 (SA)

South Australia

Harbors and Navigation (Alcohol and Drug Testing) (Transport Portfolio) Amendment Regulations 2022

under the Harbors and Navigation Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Harbors and Navigation (Alcohol and Drug Testing) Regulations 2009

3            Amendment of regulation 9—Procedures for voluntary blood test

4            Amendment of Schedule 1—Prescribed oral advice and written notice

5            Substitution of Schedule 2

Schedule 2—Certificate

Part 1—Preliminary

1—Short title

These regulations may be cited as the Harbors and Navigation (Alcohol and Drug Testing) (Transport Portfolio) Amendment Regulations 2022.

2—Commencement

These regulations come into operation on the day on which section 12 of the Statutes Amendment (Transport Portfolio) Act 2021 comes into operation.

Part 2—Amendment of Harbors and Navigation (Alcohol and Drug Testing) Regulations 2009

3—Amendment of regulation 9—Procedures for voluntary blood test

1. Regulation 9—after "medical practitioner" wherever occurring insert in each case:

   or registered nurse

2. Regulation 9(f)—delete "in the form set out in Schedule 2 by inserting the particulars required by the form" and substitute:

   that includes the information set out in Schedule 2

4—Amendment of Schedule 1—Prescribed oral advice and written notice

1. Schedule 1, clause 3—delete "preceding 2 hours" and substitute:

   preceding 3 hours

2. Schedule 1, clause 3—delete "or medical practitioner" and substitute:

   , medical practitioner or registered nurse

3. Schedule 1, clause 3—after "a medical practitioner" insert:

   or registered nurse

4. Schedule 1, clause 3—after "the medical practitioner" insert:

   or registered nurse

5. Schedule 1, clause 4(3)—delete "preceding 2 hours" and substitute:

   preceding 3 hours

6. Schedule 1, clause 4, item headed "Procedures for optional blood test"—delete "or a medical practitioner" and substitute:

   , medical practitioner or registered nurse

7. Schedule 1, clause 4, item headed "Procedures for optional blood test"—after "The medical practitioner" insert:

   or registered nurse

8. Schedule 1, clause 4, item headed "Procedures for optional blood test"—after "the medical practitioner" wherever occurring insert:

   or registered nurse

5—Substitution of Schedule 2

Schedule 2—delete Schedule 2 and substitute:

Schedule 2—Certificate

Certificate

(Section 73 of Act and regulation 9)

Part A—Blood test for alcohol (Certificate of medical practitioner or registered nurse)

The certificate signed by the medical practitioner or registered nurse that accompanies a sample of blood pursuant to section 73 of the Act must include the following information:

(a)the name of the medical practitioner or registered nurse who took the sample;

(b)the place at which the sample was taken (the name of the hospital/surgery/medical institution);

(c)the time at which the sample was taken;

(d)the date on which the sample was taken;

(e)the name and address of the patient from whom the sample was taken;

(f)the identifying number for the sample;

(g)the signature of the medical practitioner or registered nurse who took the sample.

The following statement must be included on the certificate immediately above the signature block of the medical practitioner or registered nurse:

I placed the sample of blood, in approximately equal portions, in 2 containers (being the containers provided as part of the blood test kit that was delivered to me by the patient) and secured the caps. I then sealed each container by application of adhesive seal (bearing the identifying number specified below) provided as part of the blood test kit. I delivered 1 of the sealed containers containing part of the blood sample by giving the container to the patient. I witnessed the patient's signature.

Part B—Patient's container

Patient's container

On receipt of the sealed container of blood (being 1 of the 2 containers provided as part of the blood test kit that was delivered to a medical practitioner or registered nurse who takes the patient's blood sample) the patient must mark their signature to acknowledge receipt of the sealed container containing part of the blood sample.

Part C—Police container

Police container

The medical practitioner or registered nurse who took a sample of blood pursuant to section 73 of the Act must—

(a)indicate that they delivered 1 of the sealed containers containing part of the blood sample to a police officer or an approved courier by—

(i)placing the container in a secured blood box (include blood box number); or

(ii)giving the container to a police officer or an approved courier; and

(b)mark their signature to acknowledge that they have provided the sealed container containing part of the blood sample to a police officer or an approved courier.

Note—

This form may be combined with a form required for the purposes of section 47K of the Road Traffic Act 1961 and section 20(2) of the Rail Safety National Law (South Australia) Act 2012.

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 24 November 2022

No 100 of 2022