Marine (Drug, Alcohol and Pollution Control) Act 1988 (Vic)

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Version No. 111

Marine (Drug, Alcohol and Pollution Control) Act 1988

No. 52 of 1988

Version incorporating amendments as at

13 August 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary

1Purpose
2Commencement
3Definitions
3ATransport Integration Act 2010
4Act does not apply to defence force vessels
5Act binds the Crown
6Application of Act

Part 4—Offences involving alcohol or other drugs

27Interpretation
28Offences involving alcohol or other drugs
28AProvisions about cancellation and disqualification
28ABRecommendation about cancellation or disqualification—certificates of competency
28BPrevious convictions
28CImmediate suspension of marine licence in certain circumstances
28DAppeal to court against suspension of marine licence
29Preliminary breath tests
30Preliminary breath testing stations
31Breath analysis
31ABlood samples to be taken in certain cases
31AADrug assessment
31ABBlood and urine samples
31ACDestruction of identifying information
31ADPreliminary oral fluid tests
31AEOral fluid testing and analysis
32Evidentiary provisions—blood tests
32AEvidentiary provisions—urine tests
32BEvidentiary provisions—oral fluid tests
32CApproved experts
33Evidentiary provisions—breath tests
33AAvoidance of certain provisions in contracts of insurance
33BProhibited analysis

Part 5—Pollution

34Definitions etc.
35Saving of other laws
38Removal of pollution
38ARecovery of costs of analysis
39Appropriate authority may issue written notice
45Power of Minister with respect to prohibited discharges
46Non-compliance with notice under section 45(1)
47Prevention of pollution caused by escape of oil
48Power to prosecute
49Application of penalties
50Evidence
51Service
52Delegation

Part 7—Marine infringements

61AEffect of certain transport safety infringements
61BExtension of time to object if no actual notice
61BASuspension of marine licence for drink-operator transport safety infringements
61CApplication of Acts to certain offences

Part 8—Administration and enforcement

66Powers of Safe Transport Victoria
67Criminal liability of officers of bodies corporate—failure to exercise due diligence

Division 1A—Functions and powers of the Secretary

71AADefinition
71AFunctions of the Secretary
71BPowers of the Secretary
71CProtection of Secretary from liability
71DProtection from liability (Victorian Marine Pollution Contingency Plan)

Part 9—General

101Service
105Regulations
107ASupreme Court—limitation of jurisdiction
107BSupreme Court—limitation of jurisdiction
107CSupreme Court—limitation of jurisdiction
108Transitional provision—Emergency Management Legislation Amendment Act 2018

Schedules

Schedule 1—Minimum disqualification periods

Schedule 4—Particular powers of Safe Transport Victoria

Schedule 5—Subject matter for regulations

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Endnotes

1 General information

2 Table of Amendments

3 Explanatory details

Version No. 111

Marine (Drug, Alcohol and Pollution Control) Act 1988

No. 52 of 1988

Version incorporating amendments as at

13 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose
The purpose of this Act is to provide for safe marine operations in Victoria by—
(a)prohibiting masters and other persons involved in vessel operations from being under the influence of prescribed drugs or impaired by alcohol when undertaking those vessel operations; and
(b)allocating roles, responsibilities and liabilities to Safe Transport Victoria and others to ensure there is a capacity and obligation to respond to marine incidents that have the potential to result in pollution.

2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—
accompanying operator offence means an offence under section 28(1) which is committed by a person who is taken to be in charge of a vessel by reason of the operation of section 27(1AAA);
approved health professional means—
(a)a person registered under the Health Practitioner Regulation National Law—
(i)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(ii)in the registered nurses division of that profession; or
(b)a person approved under subsection (4) to take a blood sample for the purposes of Part 4; or
(c)a person or a member of a class of person prescribed by the regulations;

* * * * *

breath analysing instrument has the same meaning as in the Road Safety Act 1986;

certificate of competency has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;

* * * * *

channel operator has the same meaning as in the Port Management Act 1995;

Chief Executive Officer of the Victorian Institute of Forensic Medicine means the Chief Executive Officer within the meaning of the Victorian Institute of Forensic Medicine Act 2024;

* * * * *

corresponding law means a law that is declared under subsection (3)(a) to be a corresponding law;
dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession (other than as a student); and
(b)in the dentists division of that profession;

Department means the Department of Transport and Planning;

* * * * *

domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law;

drug has the same meaning as in the Road Safety Act 1986;

* * * * *

hire and drive vessel has the same meaning as in the Marine Safety Act 2010;

* * * * *

local port has the same meaning as in the Port Management Act 1995;

local port manager means, in relation to a local port, the person or body appointed under section 44A of the Port Management Act 1995 as the port manager of that port;

* * * * *

marine incident has the same meaning as it has in the Marine Safety Act 2010;

* * * * *

marine licence has the same meaning as it has in the Marine Safety Act 2010;

master, in relation to a vessel, means a person (other than a person who is acting as the pilot of that vessel) having command or charge of the vessel;

* * * * *

National Regulator means the National Marine Safety Regulator within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law;

* * * * *

owner, in relation to a vessel, includes the charterer and any person having possession of the vessel;
permissible non-prescription drug has the same meaning as in the Road Safety Act 1986;

pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
pilot has the same meaning as in the Marine Safety Act 2010;

* * * * *

pilotage services provider means a person registered by Safe Transport Victoria under Part 3B to provide pilotage services;

* * * * *

police officer has the same meaning as in the Victoria Police Act 2013;

port includes any of the following waters, or any part of those waters—
(a)any harbour or haven, whether natural or artificial;
(b)any estuary, channel, river, creek or roadstead;
(c)any navigable water in which vessels may lie for shelter or for the transfer of cargo or passengers;

* * * * *

port management body means—
(a)in relation to the port of Melbourne, Ports Victoria when it is performing functions and exercising powers in the port of Melbourne;
(b)in relation to—
(i)the waters declared under section 5 of the Port Management Act 1995 to be the port of Geelong, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator; and
(ii)the waters declared under section 5 of the Port Management Act 1995 to be the port of Portland, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator; and
(iii)port of Hastings waters, Ports Victoria, or, if there is an agreement with a channel operator in relation to those waters, that channel operator;

* * * * *
port of Melbourne has the same meaning as in the Port Management Act 1995;

* * * * *

port watershas the same meaning as in the Port Management Act 1995;

Ports Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

prescribed concentration of alcohol means—
(a)in the case of a person who is operating a vessel underway, or is the master of a vessel underway or at anchor, any concentration of alcohol present in the blood or breath of that person, if either or both of the following apply—
(i)the person is under the age of 21 years;
(ii)the vessel is a domestic commercial vessel; and

(ab)in the case of a person who is a pilot of a vessel underway or at anchor, any concentration of alcohol present in the blood or breath of that person; and
(b)in the case of any other person—
(i)a concentration of alcohol present in the blood of that person of 0×05 grams per 100 millilitres of blood; or
(ii)a concentration of alcohol present in the breath of that person of 0×05 grams per 210 litres of exhaled air;

prescribed concentration of drugs has the same meaning as in the Road Safety Act 1986;

prescribed illicit drug has the same meaning as in the Road Safety Act 1986;

prescription drug has the same meaning as in the Road Safety Act 1986;

recreational vessel has the same meaning as in the Marine Safety Act 2010;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registered recreational vessel has the same meaning as it has in the Marine Safety Act 2010;

regulated hire and drive vessel has the same meaning as it has in the Marine Safety Act 2010;

* * * * *

Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

Secretary means the Secretary to the Department;

* * * * *

State waters means—
(a)the territorial sea adjacent to the State; and
(b)the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c)waters within the limits of the State;

* * * * *

transport safety infringement has the same meaning as it has in section 228S of the Transport (Compliance and Miscellaneous) Act 1983;

* * * * *

vessel has the same meaning as it has in the Marine Safety Act 2010;

Victorian Marine Pollution Contingency Plan means the plan (as in force from time to time) established under arrangements developed by Commonwealth, State and Territory Ministers in connection with the National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances and in accordance with the state emergency management plan prepared under Part 6A of the Emergency Management Act 2013;

* * * * *

waterway manager has the same meaning as it has in the Marine Safety Act 2010.

* * * * *

(3)The Minister may, by Order published in the Government Gazette—
(a)declare a law of the Commonwealth or another State or a Territory of the Commonwealth which creates an offence substantially similar to any one of the offences created by section 28 to be a corresponding law; or

* * * * *

(4)The Chief Executive Officer of the Victorian Institute of Forensic Medicine may, in writing, approve a person to take blood samples for the purposes of Part 4 if the Chief Executive Officer is of the opinion that the person has the appropriate qualifications, training and experience to take such samples.
* * * * *

(6)On and from the commencement of section 375 of the Marine Safety Act 2010, a reference to the Marine Act 1988 in any Act (other than in the Marine Safety Act 2010) or in any other instrument made under any Act or in any other document of any kind, must be read and construed as a reference to the Marine (Drug, Alcohol and Pollution Control) Act 1988, unless the context otherwise requires.

3ATransport Integration Act 2010
This Act is transport legislation within the meaning of the Transport Integration Act 2010.

4Act does not apply to defence force vessels
This Act does not apply to or in relation to a vessel belonging to the naval, military or air forces of the Commonwealth or of any other country.

5Act binds the Crown
(1)This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(2)Nothing in this Act makes the Commonwealth or a State or Territory of the Commonwealth liable to be prosecuted for an offence.
(3)Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory of the Commonwealth to be prosecuted for an offence.
6Application of Act
(1)Unless specifically provided otherwise by a provision of this Act, this Act applies to and in relation to the following vessels, and the owner, master and crew of any such vessel—
(a)a vessel within State waters; and
(b)a vessel connected with Victoria, wherever it may be.

(2)For the purpose of this section, a vessel is connected with Victoria if it—
(a)is registered or deemed to be registered under the Shipping Registration Act 1981 of the Commonwealth with a home port in Victoria; or
(b)is owned by a body corporate that is established under Victorian law or that has its principal office or place of business in Victoria, or is in the possession of such a body corporate by virtue of a charter; or

(c)is owned by any person whose chief office or place of business in respect of the management of the vessel is in Victoria, or is in the possession of such a person by virtue of a charter; or
(d)is registered or licensed or required to be registered or licensed under Victorian law.

* * * * *

PART 4—OFFENCES INVOLVING ALCOHOL OR OTHER DRUGS

27Interpretation
(1)For the purposes of this Part—
(a)if it is established that at any time within 3 hours after an alleged offence against paragraph (a) or (b) of section 28(1) a certain concentration of alcohol was present in the blood or breath of the person charged with the offence it must be presumed, until the contrary is proved, that not less than that concentration of alcohol was present in the person's blood or breath (as the case requires) at the time at which the offence is alleged to have been committed; and
(b)if it is established that at any time within 3 hours after an alleged offence against paragraph (ba) of section 28(1) a certain drug was present in the body of the person charged with the offence it must be presumed, until the contrary is proved, that that drug was present in the person's body at the time at which the offence is alleged to have been committed; and
(c)if it is established that at any time within 3 hours after an alleged offence against paragraph (bb) of section 28(1) a certain drug was present in the blood or oral fluid of the person charged with the offence it must be presumed, until the contrary is proved, that that drug was present in the person's blood or oral fluid at the time at which the offence is alleged to have been committed.

(1AA)For the purposes of an alleged offence against paragraph (ba) of section 28(1) it must be presumed that a drug found by an analyst to be present in the sample of blood or urine taken from the person charged was not due solely to the consumption or use of that drug after operating a vessel or being a master or pilot of a vessel underway or at anchor unless the contrary is proved by the person charged on the balance of probabilities by sworn or affirmed evidence given by him or her which is corroborated by the material evidence of another person.
(1AB)For the purposes of sections 31AA and 31AB, a person operating a vessel or a master or pilot of a vessel is not to be taken to be impaired unless—
(a)in the case of a person operating a vessel, his or her behaviour or appearance is such as to give rise to a reasonable suspicion that he or she is unable to operate a vessel properly; or
(b)in the case of a master or pilot of a vessel, his or her behaviour or appearance is such as to give rise to a reasonable suspicion that he or she is unable to direct the proper operation of the vessel.

(1A)For the purposes of an alleged offence against paragraph (e) or (f) of section 28(1) it must be presumed that the concentration of alcohol indicated by an analysis to be present in the breath of the person charged or found by an analyst to be present in the sample of blood taken from the person charged (as the case requires) was not due solely to the consumption of alcohol after operating a vessel or being a master or pilot of a vessel underway or at anchor unless the contrary is proved by the person charged on the balance of probabilities by sworn or affirmed evidence given by him or her which is corroborated by the material evidence of another person.

(1B)For the purposes of an alleged offence against paragraph (g) or (h) of section 28(1) it must be presumed that a drug found by an analyst to be present in the sample of blood or oral fluid provided by, or taken from, the person charged was not due solely to the consumption or use of that drug after operating a vessel or being a master or pilot of a vessel underway or at anchor unless the contrary is proved by the person charged on the balance of probabilities by sworn or affirmed evidence given by him or her which is corroborated by the material evidence of another person.
(1AAA)A person is taken to be the master of a vessel under way, if that person is accompanying a person who is in control of the vessel, for the purpose of enabling the person who is in control of the vessel to comply with—
(a)any condition of the marine licence of the person; or
(b)any requirement of regulations made under this Act or the Marine Safety Act 2010—

that the person be accompanied by a licensed master while in control of the vessel.
(2)If a person who is convicted of an offence against—
(a)any one of the paragraphs of section 28(1); or

(b)section 31A(2) as in force from time to time—

has at any time been found guilty or been convicted of—
(c)an offence against the same or any other of those paragraphs or that section; or
(d)an offence against any previous enactment corresponding to any of those paragraphs or that section or any corresponding law; or
(e)an offence against section 318(1) of the Crimes Act 1958 (in relation to a vessel) where the culpable driving is constituted by behaviour referred to in section 318(2)(c) or (d) of that Act—

the conviction for the offence against that paragraph or section is to be taken to be a conviction for a subsequent offence.
(2A)An approval or authority given under or for the purposes of section 31 or 31AA(3) by the Chief Commissioner of Police may be revoked at any time in the manner in which it was given and on revocation ceases to have any effect.
(2B)For the avoidance of doubt it is declared that nothing in this Part requires a person who is in a dwelling to allow a police officer to enter that dwelling without a warrant.

(3)In this Part—

at anchor, in relation to a vessel, does not include a vessel properly made fast at a registered mooring or at anchor at a registered mooring;
operate, in relation to a vessel, means to facilitate or control the movement or navigation of a vessel or a thing connected to a vessel;
registered mooring means any floating fixture, marker, pile, buoy, cable or chain attached to anchors or a weight the position of which is either registered with, or recorded by, the local port manager, port management body or waterway manager and compliant with any applicable rules of the local port manager, port management body or waterway manager;
vessel underway, in relation to a vessel, includes any period when the vessel is being secured, moored or retrieved from the water but does not include a vessel that is—
(a)at anchor; or
(b)properly made fast to the shore or properly made fast at a registered mooring or at anchor at a registered mooring; or
(c)aground; or
(d)ashore.

28Offences involving alcohol or other drugs
(1)A person is guilty of an offence if—
(a)the person operates a vessel or is the master or pilot of a vessel underway or at anchor while under the influence of alcohol or any other drug to such an extent as to—
(i)in the case of a person operating a vessel, be incapable of having proper control of the vessel; or
(ii)in the case of a master or pilot of a vessel, be incapable of directing the proper operation of the vessel; or

(b)the person operates a vessel or is a master or pilot of a vessel underway or at anchor while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath; or

(ba)the person operates a vessel or is a master or pilot of a vessel underway or at anchor while impaired by a drug; or
(bb)the person operates a vessel or is a master or pilot of a vessel underway or at anchor while the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in his or her blood or oral fluid; or
(c)the person refuses to undergo a preliminary breath test in accordance with section 29 when required under that section to do so; or
(ca)the person refuses to undergo an assessment of drug impairment in accordance with section 31AA when required under that section to do so or refuses to comply with any other requirement made under section 31AA(1); or
(cb)the person refuses or fails to comply with a request or signal to go to a preliminary breath testing station, given under section 30(3); or
(d)the person refuses to comply with a requirement made under section 31(1), (2), (2AA), (2A) or (9A); or

(e)within 3 hours after operating a vessel or being a master or pilot of a vessel underway or at anchor, the person furnishes a sample of breath for analysis by a breath analysing instrument under section 31 and—

(i)the result of the analysis as recorded or shown by the breath analysing instrument indicates that more than the prescribed concentration of alcohol is present in his or her breath; and
(ii)the concentration of alcohol indicated by the analysis to be present in his or her breath was not due solely to the consumption of alcohol after operating the vessel or being the master or pilot of the vessel underway or at anchor; or

(ea)the person refuses to comply with a requirement made under section 31AB(1); or

(eb)the person refuses to provide a sample of oral fluid in accordance with section 31AD or 31AE when required under that section to do so or refuses to comply with any other requirement made under that section; or
(f)the person has had a sample of blood taken from him or her in accordance with section 31, 31A, 31AB or 31AE within 3 hours after operating a vessel or being a master or pilot of a vessel underway or at anchor and—

(i)the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 32 and the analyst has found that at the time of analysis the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and
(ii)the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after operating the vessel or being the master or pilot of the vessel underway or at anchor; or

(g)within 3 hours after operating a vessel or being a master or pilot of a vessel underway or at anchor, the person provides a sample of oral fluid in accordance with section 31AE and—
(i)the sample has been analysed by a properly qualified analyst within the meaning of section 32B and the analyst has found that at the time of analysis a prescribed illicit drug was present in that sample in any concentration; and

(ii)the presence of the drug in that sample was not due solely to the consumption or use of that drug after operating the vessel or being the master or pilot of the vessel underway or at anchor; or

(h)the person has had a sample of blood taken from him or her in accordance with section 31, 31A, 31AB or 31AE within 3 hours after operating a vessel or being a master or pilot of a vessel underway or at anchor and—
(i)the sample has been analysed by a properly qualified analyst within the meaning of section 32 and the analyst has found at the time of analysis a prescribed illicit drug was present in that sample in any concentration; and
(ii)the presence of the drug in that sample was not due solely to the consumption or use of that drug after operating the vessel or being the master or pilot of a vessel underway or at anchor.

(1A)A person may be convicted or found guilty of an offence under paragraph (c), (ca), (d), (ea) or (eb) of subsection (1) even if—
(a)in the case of an offence under paragraph (c), a prescribed device was not presented to the person at the time of the making of the requirement; and
(ab)in the case of an offence under paragraph (ca)—
(i)a requirement to undergo an assessment of drug impairment was not made at a place where such an assessment could have been carried out; and
(ii)a police officer authorised to carry out an assessment of drug impairment was not present at the place where the requirement was made at the time it was made; and

(b)in the case of an offence under paragraph (d)—
(i)a breath analysing instrument was not available at the place where the requirement was made at the time it was made; and
(ii)a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made; and
(iii)the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and
(iv)a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made; and

(c)in the case of an offence under paragraph (ea)—

(i)the police officer requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and

(ii)the police officer requiring a sample of urine had not nominated a registered medical practitioner or approved health professional to whom the sample was to be furnished for analysis; and
(iii)a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made; and

(d)in the case of an offence under paragraph (eb)—
(i)a prescribed device was not presented to the person at the time of the making of the requirement; and
(ii)a prescribed device was not available at the place or vessel where the requirement was made at the time it was made; and
(iii)a person authorised to carry out the prescribed procedure for the provision of a sample of oral fluid was not present at the place where the requirement was made at the time it was made; and
(iv)the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and
(v)a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made.

(1B)To avoid doubt, in proceedings for an offence under paragraph (d) of subsection (1) a state of affairs or circumstance referred to in subsection (1A)(b)(i) or (ii) is not a reason of a substantial character for a refusal for the purposes of section 31(9).
(1C)To avoid doubt, in proceedings for an offence under paragraph (eb) of subsection (1) a state of affairs or circumstance referred to in subsection (1A)(d)(i), (ii) or (iii) is not a reason of a substantial character for a refusal for the purposes of section 31AE(12).
(2)A person who is guilty of an offence under subsection (1)(a) is liable—
(a)for a first offence, to a fine of not more than 25 penalty units or to imprisonment for not more than 3 months; and
(b)for a second offence, to a fine of not more than 120 penalty units or to imprisonment for not more than 12 months; and
(c)for a subsequent offence, to a fine of not more than 180 penalty units or to imprisonment for a term of not more than 18 months.

(2A)A person who is guilty of an offence under paragraph (b), (e) or (f) of subsection (1) is liable—
(a)in the case of a first offence, to a fine of not more than 20 penalty units; and
(b)in the case of a second offence—
(i)to a fine of not more than 60 penalty units or to imprisonment for a term of not more than 6 months if the concentration of alcohol—
(A)in the person's blood was less than 0×15 grams per 100 millilitres of blood; or
(B)in the person's breath was less than 0×15 grams per 210 litres of exhaled air—

as the case requires; or
(ii)to a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months if the concentration of alcohol—
(A)in the person's blood was 0×15 grams or more per 100 millilitres of blood; or
(B)in the person's breath was 0×15 grams or more per 210 litres of exhaled air—

as the case requires; and
(c)in the case of any other subsequent offence—
(i)to a fine of not more than 120 penalty units or imprisonment for a term of not more than 12 months if the concentration of alcohol—
(A)in the person's blood was less than 0×15 grams per 100 millilitres of blood; or
(B)in the person's breath was less than 0×15 grams per 210 litres of exhaled air—

as the case requires; or

(ii)to a fine of not more than 180 penalty units or to imprisonment for a term of not more than 18 months if the concentration of alcohol—
(A)in the person's blood was 0×15 grams or more per 100 millilitres of blood; or
(B)in the person's breath was 0×15 grams or more per 210 litres of exhaled air—

as the case requires.

(3)A person who is guilty of an offence under paragraph (ba), (c), (ca), (cb), (d) or (ea) of subsection (1) is liable—
(a)for a first offence, to a fine of not more than 12 penalty units; and
(b)for a second offence, to a fine of not more than 120 penalty units or to imprisonment for not more than 12 months; and
(c)for a subsequent offence, to a fine of not more than 180 penalty units or to imprisonment for a term of not more than 18 months.

(3A)A person who is guilty of an offence under paragraph (bb), (eb), (g) or (h) of subsection (1) is liable—
(a)in the case of a first offence, to a fine of not more than 12 penalty units; and
(b)in the case of a second offence, to a fine of not more than 60 penalty units; and
(c)in the case of any other subsequent offence, to a fine of not more than 120 penalty units.

(3B)In proceedings for an offence under paragraph (ba) of subsection (1), proof that—
(a)the person operated a vessel or was the master or pilot of a vessel underway or at anchor; and
(b)one or more drugs were present in the person's body at the time at which he or she operated the vessel or was the master or pilot of the vessel underway or at anchor; and
(c)the behaviour of the person on an assessment of drug impairment carried out under section 31AA was consistent with the behaviour usually associated with a person who has consumed or used that drug or those drugs; and
(d)the behaviour usually associated with a person who has consumed or used that drug or those drugs would result in the person being unable—
(i)in the case of a person operating a vessel, to operate a vessel properly; or
(ii)in the case of a master or pilot of a vessel, direct the proper operation of the vessel—

is, in the absence of evidence to the contrary but subject to subsections (3C) and (3D), proof that the accused operated a vessel or was a master or pilot of a vessel underway or at anchor while impaired by a drug.
(3C)If on an analysis carried out in accordance with this Part, no drug other than a permissible non-prescription drug or a prescription drug was found present in the person's body, it is a defence to a charge under paragraph (ba) of subsection (1) for the person charged to prove that—
(a)he or she did not know and could not reasonably have known that the permissible non-prescription drug or the prescription drug, or the combination of those drugs, so found would, if consumed or used in accordance with advice given to him or her by a registered medical practitioner, a dentist or a pharmacist in relation to the drug or combination of drugs, impair—
(i)operating a vessel; or
(ii)in the case of a master or pilot of a vessel, directing the proper operation of a vessel; and

(b)he or she consumed or used that drug or combination of drugs in accordance with that advice.

(3D)In subsection (3C), advice means written or oral advice and includes anything written on a label accompanying the drug.
(4)It is a defence to a charge under subsection (1)(e) for the person charged to prove that the breath analysing instrument used was not on that occasion in proper working order or properly operated.
(5)It is a defence to a charge under paragraph (f), (g) or (h) of subsection (1) for the person charged to prove that the result of the analysis was not a correct result.
(5A)In any proceedings for an offence under paragraph (e) or (f) of subsection (1) evidence as to the effect of the consumption of alcohol on the accused is admissible for the purpose of rebutting the presumption created by section 27(1A) but is otherwise inadmissible.
(6A)In any proceedings for an offence under paragraph (g) or (h) of subsection (1) evidence as to the effect of the consumption or use of a drug on the accused is admissible for the purpose of rebutting the presumption created by section 27(1B) but is otherwise inadmissible.
* * * * *

(8)On convicting a person, or finding a person guilty, of an offence under subsection (1) the court must cause to be entered in the records of the court—
(a)in the case of an offence under subsection (1)(b), the level of concentration of alcohol found to be present in that person's blood or breath; and
(b)in the case of an offence under subsection (1)(e), the level of concentration of alcohol found to be recorded or shown by the breath analysing instrument; and
(c)in the case of an offence under subsection (1)(f), the level of concentration of alcohol found to be present in the sample of blood.

(9)If on a prosecution for an offence under paragraph (a) of subsection (1), the court is not satisfied that the accused is guilty of that offence but is satisfied that the accused is guilty of an offence under paragraph (ba) of that subsection, the court may find the accused guilty of an offence under paragraph (ba) and punish the accused accordingly.

(10)If on a prosecution for an offence under paragraph (ba) of subsection (1), the court is not satisfied that the accused is guilty of that offence but is satisfied that the accused is guilty of an offence under paragraph (bb) of that subsection, the court may find the accused guilty of an offence under paragraph (bb) and punish the accused accordingly.

28AProvisions about cancellation and disqualification

(1)On convicting a person, or finding a person guilty of an offence under section 28(1)(b), (e) or (f) the court may where—
(a)the concentration of alcohol—
(i)in the blood of that person was less than 0×05 grams per 100 millilitres of blood; or
(ii)in the breath of that person was less than 0×05 grams per 210 litres of exhaled air—

as the case requires; and
(b)the offence is a first offence—

if the offender holds a marine licence, cancel that licence and, whether or not the offender holds a marine licence, disqualify the offender from obtaining one for such time as the court thinks fit, not being more than 6 months.
(2)Subject to subsection (3), on convicting a person, or finding a person guilty, of an offence under section 28(1)(b), (e) or (f), the court must, if the offender holds a marine licence, cancel that licence and, whether or not the offender holds a marine licence, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than—

(a)in the case of a first offence, the period specified in Column 2 of Schedule 1 ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule; and
(b)in the case of a subsequent offence, the period specified in Column 3 of Schedule 1 ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule.

(3)If a court finds a person guilty of an offence under section 28(1)(b), (e) or (f) but does not record a conviction, the court is not required to cancel a marine licence or disqualify the offender from obtaining one in accordance with subsection (2) if it appears to the court that at the relevant time the concentration of alcohol in the blood or breath of the offender—
(a)in the case of a person previously found guilty of an offence against any one of the paragraphs of section 28(1) or any previous enactment corresponding to any of those paragraphs or any corresponding law, was less than 0×05 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires); or
(b)in any other case, was less than 0×07 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires).

(4)Subsection (3)(b) does not apply to a person who, at the time the offence was committed, was under the age of 26 years.
(5)On convicting a person, or finding a person guilty, of an offence under section 28(1)(a), (c), (cb) or (d), the court must, if the offender holds a marine licence, cancel that licence and, whether or not the offender holds a marine licence, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than—
(a)in the case of a first offence, 2 years;
(b)in the case of a subsequent offence, 4 years.

(6)On convicting a person, or finding a person guilty of an offence under section 28(1)(ba), the court must, if the offender holds a marine licence, cancel that licence and, whether or not the offender holds a marine licence, disqualify the offender from obtaining one for such period as the court thinks fit, not being less than—
(a)in the case of a first offence, 12 months; and
(b)in the case of a subsequent offence, 2 years.

(7)On convicting a person, or finding a person guilty of an offence under section 28(1)(ca) or (ea), the court must, if the offender holds a marine licence, cancel that licence and, whether or not the offender holds a marine licence, disqualify the offender from obtaining one for such period as the court thinks fit, not being less than—
(a)in the case of a first offence, 2 years; and
(b)in the case of a subsequent offence, 4 years.

(8)On convicting a person, or finding a person guilty of an offence under section 28(1)(eb), the court must, if the offender holds a marine licence, cancel that licence and, whether or not the offender holds a marine licence, disqualify the offender from obtaining one for such period as the court thinks fit, not being less than—
(a)in the case of a first offence, 6 months; and
(b)in the case of a subsequent offence, 12 months.

(9)On convicting a person, or finding a person guilty of an offence under section 28(1)(bb), (g) or (h), the court must, if the offender holds a marine licence, cancel that licence and, whether or not the offender holds a marine licence, disqualify the offender from obtaining one for such period as the court thinks fit, not being less than—
(a)in the case of a first offence, 3 months; and
(b)in the case of a subsequent offence, 6 months.

(10)Any period of suspension imposed on a person under section 28C must be deducted from the period of disqualification imposed on that person under this section.
(11)This section does not apply to a person who is convicted or found guilty of an accompanying operator offence.

28ABRecommendation about cancellation or disqualification—certificates of competency
(1)A court may recommend to the National Regulator or a delegate of the National Regulator that the National Regulator take any of the following actions in relation to a person convicted of an offence under section 28(1)—

(a)cancel a certificate of competency that the person holds;
(b)disqualify the person from obtaining a certificate of competency for a specified period.

(2)A recommendation must not be made under this section unless a similar action could be taken under section 28A to cancel a marine licence of a person convicted of the same offence or disqualify such a person from holding a marine licence.
(3)A court may make a recommendation under this section in addition to imposing any penalty for the offence concerned.

28BPrevious convictions
In determining for the purpose of section 28A(1) or (2) or section 28C whether an offence (in this section referred to as the relevant offence) is a first offence, any other offence in respect of which a conviction was recorded or a finding of guilt was made 10 years or more before the commission of the relevant offence is to be disregarded if not to do so would make the relevant offence a subsequent offence for the purpose of that provision.

28CImmediate suspension of marine licence in certain circumstances

(1)If a person is charged by a police officer with an offence under—

(a)section 28(1)(b), (e) or (f) where it is alleged that the concentration of alcohol—

(i)in the blood of that person was 0×10 grams or more per 100 millilitres of blood; or
(ii)in the breath of that person was 0×10 grams or more per 210 litres of exhaled air; or

(b)section 28(1)(c), or (d)—

where the person was operating a vessel or the master or pilot of a vessel underway or at anchor, any police officer may, at any time after the filing or signing of the charge-sheet charging the offence in accordance with section 6 of the Criminal Procedure Act 2009 until the charge has been determined, give to the accused a notice containing the prescribed particulars informing the accused that his or her marine licence is immediately suspended until the charge has been determined and requiring the accused to surrender the licence document immediately to the person who gave the notice.
(1A)If a person is charged by a police officer with an offence under paragraph (ba), (ca), (ea) or (eb) of section 28(1), any police officer may, at any time after the filing of the charge-sheet charging the offence until the charge has been determined, give to the accused a notice containing the prescribed particulars informing the accused that his or her marine licence is immediately suspended until the charge has been determined and requiring the accused to surrender immediately to the person who gave the notice the licence document.
(2)For the purposes of this section a person is charged with an offence when a copy of the information that is signed by the police officer is given to the person.
(3)Immediately on the giving of a notice under subsection (1) or (1A), the marine licence of the accused is suspended until the charge has been determined by a court.

(4)A person who gives a notice under subsection (1) or (1A) must cause a copy of that notice to be sent immediately to Safe Transport Victoria.

(5)A person who, without just cause or excuse, refuses or fails to surrender a document as required by a notice under subsection (1) is guilty of an offence and liable to a penalty of not more than 5 penalty units.
(6)The accused has the burden of proving just cause or excuse.

28DAppeal to court against suspension of marine licence
(1)A person to whom a notice is given under section 28C(1) may appeal against that notice to the Magistrates' Court.
(2)A person who appeals under subsection (1) must give 14 days' written notice of the appeal (including particulars of any alleged exceptional circumstances) to the Chief Commissioner of Police and a registrar of the Magistrates' Court.
(3)In determining the appeal the court must hear any relevant evidence tendered either by the applicant or by the Chief Commissioner of Police and any evidence of a registered medical practitioner required by the court.
(4)On an appeal under subsection (1) the court may make an order—
(a)confirming the notice; or
(b)cancelling the notice.

(5)The Magistrates' Court must not make an order under subsection (4) cancelling a notice unless it is satisfied that exceptional circumstances exist which justify the making of such an order.
(6)If on the subsequent hearing of the charge the accused's marine licence is cancelled and the accused is disqualified from obtaining a marine licence for a specified time, the court must take into account, in fixing the period of disqualification, the period of suspension under section 28C.
29Preliminary breath tests

(1)A police officer may at any time require—

(a)any person he or she finds to be operating a vessel; or

(ab)any person he or she finds to be a master or pilot of a vessel underway or at anchor; or

(b)any person operating a vessel who has been requested or signalled to stop at or to go to a preliminary breath testing station under section 30(3); or
(ba)any person who is a master or pilot of a vessel who has been requested or signalled to stop at or to go to a preliminary breath testing station under section 30(3); or
(c)any person who he or she believes on reasonable grounds has within the last 3 preceding hours been operating a vessel or the master or pilot of a vessel underway or at anchor when it was involved in a marine incident; or
(d)any person who he or she believes on reasonable grounds was, within the last 3 preceding hours, an occupant of a vessel underway or at anchor when it was involved in a marine incident, if it has not been established to the satisfaction of the police officer which of the occupants was the person operating the vessel or the master or pilot of the vessel when it was involved in the marine incident—

to undergo a preliminary breath test by a prescribed device.
(2)A person required to undergo a preliminary breath test must do so by exhaling continuously into the device to the satisfaction of the police officer.

(3)A person is not obliged to undergo a preliminary breath test if more than 3 hours have passed since the person was—
(a)operating a vessel; or
(b)the master or pilot of a vessel underway or at anchor; or
(c)an occupant of a vessel.

30Preliminary breath testing stations
(1)A police officer may set up a preliminary breath testing station on or in the vicinity of any State waters.

(2)A preliminary breath testing station—
(a)consists of any facilities that are necessary to enable the making of preliminary breath tests or preliminary oral fluid tests in quick succession; and
(b)must be identified by suitable signs, lights or other devices.

(3)A police officer who is on duty and wearing uniform may request or signal any person operating a vessel or who is the master or pilot of a vessel underway, at anchor or aground to go to a preliminary breath testing station.

(4)Police officers who are on duty at a preliminary breath testing station must make sure that no person is detained there any longer than is necessary.
31Breath analysis
(1)Subsection (1A) applies if a person undergoes a preliminary breath test when required to do so by a police officer under section 29 and—

(a)the test in the opinion of the police officer in whose presence it is made indicates that the person's breath contains alcohol;

(b)the person, in the opinion of the police officer, refuses or fails to carry out the test in the manner specified in section 29(2).

(1A)A police officer may require the person to furnish a sample of breath for analysis by a breath analysing instrument and for that purpose may also require the person to accompany a police officer to a police station or other place where the sample of breath is to be furnished and to remain there until whichever of the following occurs first—
(a)the person has furnished the sample of breath and been given the certificate referred to in subsection (4);
(b)the passing of 3 hours after the person was—
(i)operating a vessel; or
(ii)the master or pilot of a vessel underway or at anchor; or
(iii)an occupant of a vessel.

(2)A police officer may require any person whom that police officer reasonably believes to have offended against section 28(1)(a) or (b) to furnish a sample of breath for analysis by a breath analysing instrument (instead of undergoing a preliminary breath test in accordance with section 29) and for that purpose may also require the person to accompany a police officer to a police station or other place where the sample of breath is to be furnished and to remain there until whichever of the following occurs first—
(a)the person has furnished the sample of breath and been given the certificate referred to in subsection (4);

(b)the passing of 3 hours after the person was—
(i)operating a vessel; or
(ii)the master or pilot of a vessel underway or at anchor; or
(iii)an occupant of a vessel.

(2AA)A police officer may require any person who is required to undergo a drug assessment under section 31AA to furnish a sample of breath for analysis by a breath analysing instrument and may, for that purpose, require the person to remain at the place at which the person is required to remain for the purposes of the drug assessment until whichever of the following occurs first—
(a)the person has furnished the sample of breath and any further sample required to be furnished under subsection (2A) and been given the certificate referred to in subsection (4) and the drug assessment has been carried out;
(b)the passing of 3 hours after the person was—
(i)operating a vessel; or
(ii)the master or pilot of a vessel underway or at anchor; or
(iii)an occupant of a vessel.

(2A)The person who required a sample of breath under subsection (1), (2) or (2AA) may require the person who furnished it to furnish one or more further samples if it appears to him or her that the breath analysing instrument is incapable of measuring the concentration of alcohol present in the sample, or each of the samples, previously furnished in grams per 210 litres of exhaled air because the amount of sample furnished was insufficient or because of a power failure or malfunctioning of the instrument or for any other reason whatsoever.
(3)A breath analysing instrument must be operated by a person authorised to do so by the Chief Commissioner of Police.
(4)As soon as practicable after a sample of a person's breath is analysed by means of a breath analysing instrument the person operating the instrument must sign and give to the person whose breath has been analysed a certificate in the prescribed form produced by the breath analysing instrument of the concentration of alcohol indicated by the analysis to be present in his or her breath.
* * * * *

(5)A person who furnishes a sample of breath under this section must do so by exhaling continuously into the instrument to the satisfaction of the person operating it.
(6)A person is not obliged to furnish a sample of breath under this section if more than 3 hours have passed since the person was—
(a)operating a vessel; or
(b)the master or pilot of a vessel underway or at anchor; or
(c)an occupant of a vessel.

* * * * *

(9)A person must not be convicted or found guilty of refusing to furnish under this section a sample of breath for analysis if he or she satisfies the court that there was some reason of a substantial character for the refusal, other than a desire to avoid providing information which might be used against him or her.
(9A)The person who required a sample of breath under subsection (1), (2), (2AA) or (2A) from a person may require that person to allow a registered medical practitioner or an approved health professional nominated by the person requiring the sample to take from him or her a sample of that person's blood for analysis if it appears to him or her that—
(a)that person is unable to furnish the required sample of breath on medical grounds or because of some physical disability; or
(b)the breath analysing instrument is incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by that person for any reason whatsoever—

and for that purpose may further require that person to accompany a police officer to a place where the sample is to be taken and to remain there until whichever of the following occurs first—
(c)the sample has been taken;

(d)the passing of 3 hours after the person was—
(i)operating a vessel; or
(ii)the master or pilot of a vessel underway or at anchor; or
(iii)an occupant of a vessel.

* * * * *

(9C)A person who allows the taking of a sample of his or her blood in accordance with subsection (9A) must not be convicted or found guilty of refusing to furnish under this section a sample of breath for analysis.
(9D)A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other person in accordance with subsection (9A).
Penalty applying to this subsection: 12 penalty units.
(9E)No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood which the practitioner or approved health professional believed on reasonable grounds was allowed to be taken under subsection (9A).
(10)A person who is required under this section to furnish a sample of breath for analysis may, immediately after being given the certificate referred to in subsection (4), request the person making the requirement to arrange for the taking in the presence of a police officer of a sample of that person's blood for analysis at that person's own expense by a registered medical practitioner or an approved health professional nominated by the police officer.
* * * * *

(12)Nothing in subsection (10) relieves a person from any penalty under section 28(1)(d) for refusing to furnish a sample of breath.
(12A)Evidence derived from a sample of breath furnished in accordance with a requirement made under this section is not rendered inadmissible by a failure to comply with a request under subsection (10) if reasonable efforts were made to comply with the request.
(12B)If the question whether a breath analysing instrument was incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by a person is relevant on a hearing for an offence against section 28(1) then, without affecting the admissibility of any evidence which might be given apart from the provisions of this subsection, a document—

(a)purporting to be a print-out produced by that instrument in respect of that sample; and
(b)purporting to be signed by the person who operated the instrument—

is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.
(12C)A document referred to in subsection (12B) does not cease to be admissible in evidence or, in the absence of evidence to the contrary, to be proof of the facts and matters contained in it only because of the fact that it refers to the Road Safety Act 1986 and not to the Marine (Drug, Alcohol and Pollution Control) Act 1988 and the reference to the Road Safety Act 1986 in that document and in each other document produced by the breath analysing instrument in respect of the sample of breath must be construed for all purposes as a reference to the Marine (Drug, Alcohol and Pollution Control) Act 1988.
(13)An approval or authority given under or for the purposes of this section by the Chief Commissioner of Police may be revoked at any time in the manner in which it was given and on revocation ceases to have any effect.

31ABlood samples to be taken in certain cases
(1)In this section—

* * * * *

doctor means a registered medical practitioner and includes a police surgeon.

(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—
(a)the person was operating the vessel at the time the incident occurred; or

(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.

Penalty:For a first offence, 12 penalty units.
For a subsequent offence, 25 penalty units or imprisonment for 3 months.

(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—
(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);
(ii)in the case of an offender who is not the holder of a marine licence, disqualify the person from obtaining a marine licence for the time that the court thinks fit (not being less than 12 months).

(b)for a second or subsequent offence—
(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 24 months);
(ii)in the case of an offender who is not the holder of a marine licence, disqualify the person from obtaining a marine licence for the time that the court thinks fit (not being less than 24 months).

(3)Subsection (2) does not apply if, in the opinion of the doctor first responsible for the examination or treatment of the person, the taking of a blood sample from that person would be prejudicial to that person's proper care and treatment.

(4)A person to whom subsection (2) applies and who is unconscious or otherwise unable to communicate must be taken to allow the taking of a sample of his or her blood by an approved health professional or doctor at a place which he or she enters or to which he or she is brought for examination or treatment.
(5)If a sample of a person's blood is taken in accordance with this section, evidence of the taking of it, the analysis of it or the results of the analysis must not be used in evidence in any legal proceedings except for the purposes of section 32.
(6)A person must not hinder or obstruct an approved health professional or doctor attempting to take a sample of the blood of any other person in accordance with this section.
Penalty:12 penalty units.

(7)No action lies against an approved health professional or doctor in respect of anything properly and necessarily done by the approved health professional or doctor in the course of taking any sample of blood which the approved health professional or doctor believes on reasonable grounds was required or allowed to be taken from any person under this section.

31AA Drug assessment

(1)A police officer may at any time require—
(a)any person he or she finds operating a vessel; or
(b)any person he or she finds to be a master or pilot of a vessel underway or at anchor; or
(c)any person that is or has been operating a vessel that has been requested or signalled to stop at or to go to a preliminary testing station under section 30(3); or
(d)any person that is or has been a master or pilot of a vessel underway or at anchor that has been requested or signalled to stop at or to go to a preliminary testing station under section 30(3); or
(e)any person whom he or she believes on reasonable grounds has within the last 3 preceding hours operated a vessel or been the master or pilot of a vessel underway or at anchor when it was involved in an accident; or
(f)any person whom he or she believes on reasonable grounds was, within the last 3 preceding hours, an occupant of a vessel underway or at anchor when it was involved in an accident, if it has not been established to the satisfaction of the police officer which of the occupants was operating the vessel or the master or pilot of the vessel when it was involved in the accident; or
(g)any person whom he or she has required under section 29 to undergo a preliminary breath test; or
(h)any person required under section 31 to furnish a sample of breath or from whom a sample of blood was required to be taken under section 31(9A)—

to undergo an assessment of drug impairment if, in the opinion of the police officer, that person's behaviour or appearance indicates that he or she may be impaired for a reason other than alcohol alone and for that purpose may further require the person to accompany a police officer to a place where the assessment is to be carried out and to remain there until whichever of the following occurs first—
(i)the assessment has been carried out;
(j)the passing of 3 hours after the person was—
(i)operating a vessel; or
(ii)the master or pilot of a vessel underway or at anchor; or
(iii)an occupant of a vessel.

(2)A person is not obliged to undergo an assessment of drug impairment if more than 3 hours have passed since the person was—
(a)operating a vessel; or
(b)the master or pilot of a vessel underway or at anchor; or
(c)an occupant of a vessel.

(3)An assessment of drug impairment must be carried out by a police officer authorised to do so by the Chief Commissioner of Police.

(4)An assessment of drug impairment must be carried out in accordance with the procedure specified in a notice under subsection (5).
(5)Safe Transport Victoria may, by notice published in the Government Gazette, specify the procedure to be followed in assessing drug impairment.

(6)The carrying out of an assessment of drug impairment must be video-recorded unless the prosecution satisfies the court that a video‑recording has not been made because of exceptional circumstances.
(7)If the person on whom an assessment of drug impairment was carried out is subsequently charged with an offence under paragraph (ba) of section 28(1), a copy of the video-recording, if any, must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence.
(8)Subject to subsection (9), the video-recording of the carrying out of an assessment of drug impairment on a person is only admissible in a proceeding against that person for an offence against this Act for the purpose of establishing that the assessment of drug impairment was carried out in accordance with the procedure specified in a notice under subsection (5).
(9)Evidence obtained as a result of an assessment of drug impairment carried out on a person is inadmissible as part of the prosecution case in proceedings against that person for any offence if the video-recording of the assessment and any related material and information should have been but has not been destroyed as required by section 31AC.

(10)In any proceeding under this Act—

(a)the statement of any police officer that on a particular date he or she was authorised by the Chief Commissioner of Police under subsection (3) to carry out an assessment of drug impairment; or
(b)a certificate purporting to be signed by the Chief Commissioner of Police that a police officer named in it is authorised by the Chief Commissioner under subsection (3) to carry out an assessment of drug impairment—

is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that police officer.

31ABBlood and urine samples

(1)If a person undergoes an assessment of drug impairment when required under section 31AA to do so and the assessment, in the opinion of the police officer carrying it out, indicates that the person may be impaired by a drug or drugs, any police officer may require the person to do either or both of the following—
(a)allow a registered medical practitioner or an approved health professional nominated by that police officer to take from the person a sample of that person's blood for analysis;

(b)furnish to a registered medical practitioner or an approved health professional nominated by that police officer a sample of that person's urine for analysis—

and for that purpose may further require the person to accompany a police officer to a place where the sample is to be taken or furnished and to remain there until whichever of the following occurs first—
(c)the sample has been taken or furnished;
(d)the passing of 3 hours after the person was—
(i)operating a vessel; or
(ii)the master or pilot of a vessel underway or at anchor; or
(iii)an occupant of a vessel.

(2)A police officer must not require a person to allow a sample of his or her blood to be taken for analysis under subsection (1)(a) if that person has already had a sample of blood taken from him or her under section 31 after—
(a)operating a vessel; or
(b)being master or pilot of a vessel underway or at anchor; or
(c)being an occupant of a vessel.

* * * * *

(4)A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood, or be furnished with a sample of the urine, of any other person in accordance with this section.
Penalty:12 penalty units.

(5)No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood, or being furnished with any sample of urine, which the practitioner or approved health professional believed on reasonable grounds was required to be taken from, or be furnished by, any person under this section.
(6)If the person on whom an assessment of drug impairment was carried out is subsequently charged with an offence under paragraph (ba) of section 28(1), a copy of a written report on that assessment prepared by the police officer who carried it out and containing the prescribed particulars must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence.

31AC Destruction of identifying information
(1)In this section, relevant offence means—
(a)an offence under section 28(1)(ba) or (ea); or
(b)any other offence arising out of the same circumstances; or
(c)any other offence in respect of which the evidence obtained as a result of the assessment of drug impairment has probative value.

(2)If an assessment of drug impairment has been carried out on a person under section 31AA and—
(a)the person has not been charged with a relevant offence at the end of the period of 12 months after the assessment; or
(b)the person has been so charged but the charge is not proceeded with or the person is not found guilty of the offence, whether on appeal or otherwise, before the end of that period—

the Chief Commissioner of Police must, subject to subsection (4), destroy, or cause to be destroyed, at the time specified in subsection (3) any video-recording made of the assessment and any related material and information.
(3)A video-recording and any related material and information referred to in subsection (2) must be destroyed—
(a)in a case to which subsection (2)(a) applies, immediately after that period of 12 months; or
(b)in a case to which subsection (2)(b) applies—
(i)within 1 month after the conclusion of the proceeding and the end of any appeal period; or
(ii)if the proceeding has been adjourned under section 75 of the Sentencing Act 1991, within 1 month after dismissal under that section.

(4)A police officer may, before the end of a period referred to in subsection (3)(b), apply without notice to the Magistrates' Court for an order extending that period and, if the Court makes such an order, the reference to the period in subsection (3) is a reference to that period as so extended.
(5)If the Magistrates' Court makes an order under subsection (4), it must give reasons for its decision and cause a copy of the order to be served on the person on whom the assessment of drug impairment was carried out.
(6)If a video-recording or related material and information is required to be destroyed in accordance with this section, the Chief Commissioner of Police must, if the person on whom the assessment was carried out so requests, within 14 days after receiving the request, notify that person in writing whether the destruction has occurred.
(7)A person who knowingly—
(a)fails to destroy; or
(b)uses, or causes or permits to be used—

a video-recording or related material and information required by this section to be destroyed is guilty of an offence punishable by a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months.
(8)A person who at any time uses, or causes or permits to be used, or otherwise disseminates information derived from any video-recording or related material and information required by this section to be destroyed except in good faith for the purposes of a relevant offence is guilty of an offence punishable by a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months.

31AD Preliminary oral fluid tests

(1)A police officer may at any time require—
(a)any person he or she finds operating a vessel; or
(b)any person he or she finds to be a master or pilot of a vessel underway or at anchor; or
(c)any person that is or has been operating a vessel that has been requested or signalled to stop at or to go to a preliminary testing station under section 30(3); or
(d)any person that is or has been the master or pilot of a vessel underway or at anchor that has been requested or signalled to stop at or to go to a preliminary testing station under section 30(3); or
(e)any person whom he or she believes on reasonable grounds has within the last 3 preceding hours operated a vessel or been the master or pilot of a vessel underway or at anchor when it was involved in an accident; or
(f)any person whom he or she believes on reasonable grounds was, within the last 3 preceding hours, an occupant of a vessel underway or at anchor when it was involved in an accident, if it has not been established to the satisfaction of the police officer which of the occupants was operating the vessel or the master or pilot of the vessel when it was involved in the accident—

to undergo a preliminary oral fluid test by a prescribed device and, for that purpose, may further require the person, if on board a vessel, to leave the vessel for the purpose of undergoing the test.
(2)A preliminary oral fluid test must be carried out in accordance with the prescribed procedure.
(3)A prescribed device may be comprised of a collection unit and a testing unit and one or more other parts.
(4)A person required to undergo a preliminary oral fluid test must do so by placing the prescribed device, or the collection unit of the device, into his or her mouth and carrying out the physical actions that are necessary to ensure that, in the opinion of the police officer who, under this section, is requiring the test to be undergone, a sufficient sample of oral fluid has been captured by the device or unit.
(5)A police officer who, under this section, is requiring another person to undergo a preliminary oral fluid test may give any reasonable direction as to the physical actions that are necessary for the person to undergo the test.
(6)Without limiting section 30(3), a person required to undergo a preliminary oral fluid test is required to remain at the place at which the test is being carried out until the sample of oral fluid provided has been tested by a prescribed device.
(7)A person is not obliged to undergo a preliminary oral fluid test if more than 3 hours have passed since the person was—
(a)operating a vessel; or
(b)the master or pilot of a vessel underway or at anchor; or
(c)an occupant of a vessel.

31AEOral fluid testing and analysis

(1)If a person undergoes a preliminary oral fluid test when required to do so under section 31AD by a police officer and—

(a)the test, in the opinion of the police officer in whose presence it is made, indicates that the person's oral fluid contains a prescribed illicit drug; or
(b)the person, in the opinion of the police officer, refuses or fails to carry out the test in the manner specified in section 31AD(4)—

any police officer may require the person to provide a sample of oral fluid for testing by a prescribed device and, if necessary, analysis by a properly qualified analyst within the meaning of section 32A and for that purpose may further require the person to accompany any police officer to a place where the sample is to be provided and to remain there until whichever the first occurs—
(c)the person has provided the sample and any further sample required to be provided under subsection (4), the sample has been tested by a prescribed device and the person has been given (if necessary) a part of the sample under subsection (11);
(d)the passing of 3 hours after the person was—
(i)operating a vessel; or
(ii)the master or pilot of a vessel underway or at anchor; or
(iii)an occupant of a vessel.

Example
A person may be required to go to a police station, a public building or a police car to provide a sample of oral fluid under this section.
(2)A police officer may require any person who is required to undergo an assessment of drug impairment under section 31AA or to furnish a sample of breath for analysis by a breath analysing instrument under section 31 to provide a sample of oral fluid for testing by a prescribed device and, if necessary, analysis by a properly qualified analyst within the meaning of section 32B and may, for that purpose, require the person to remain at the place at which the person is required to remain for the purposes of the assessment or furnishing the sample of breath until whichever the first occurs—

* * * * *

ALCOHOL
62A.Devices for the purposes of section 29; the handling, storage, use and maintenance of those devices; the precautions to be taken and the procedures and methods to be employed in the use of those devices for ensuring that they give accurate and reliable results.
62B.The handling, storage, use and maintenance of breath analysing instruments used for the purposes of section 31 and the procedures and methods to be employed in the use of those instruments for ensuring that they give accurate and reliable results.
62BA.Devices for the purposes of sections 31AD and 31AE and the procedures to be employed in obtaining samples of oral fluid or carrying out tests under those sections.
62BB.The methods and conditions to be observed by persons carrying out procedures under section 31AE for collecting oral fluid samples.

62BC.The delivering of portions of samples of oral fluid to the people who provided them and to the persons who required them to be provided.

62C.The methods and conditions to be observed by registered medical practitioners and approved health professionals in collecting blood samples or urine samples.

62CA.The persons responsible for the safe-keeping of samples of blood and the methods of storage to be used by them.

62CB.The delivering of portions of samples of blood to the people from whom they are taken and to police officers.

62D.The methods to be used by analysts in determining the concentration of alcohol in a blood sample.

62DA.The methods to be used by analysts in determining the presence of a substance in a blood, urine or oral fluid sample.

62E.The procedures to be adopted in transmitting samples of blood, urine or oral fluid to an analyst for analysis.

62F.The regulation and control of people concerned in the taking, safe-keeping, delivering and analysis of blood, urine or oral fluid samples.

* * * * *

MARINE POLLUTION

63A.The implementation, administration and co‑ordination of the Victorian Marine Pollution Contingency Plan.

* * * * *

═══════════════

ENDNOTES

1 General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 27 October 1987

Legislative Council: 19 April 1988

The long title for the Bill for this Act was "A Bill to re-enact with amendments the law relating to the registration and operation of vessels and the pollution of State waters, to implement certain international conventions, to repeal the Marine Act 1958, the Motor Boating Act 1961, the Navigable Waters (Oil Pollution) Act 1960 and the Harbor Boards Act 1958 and to amend the Port of Melbourne Authority Act 1958, the Port of Geelong Authority Act 1958, the Port of Portland Authority Act 1958 and certain other Acts and for other purposes.".

The Marine Act 1988 was assented to on 31 May 1988 and came into operation as follows:

All of Act (except section 159(4)) on 20 December 1988: Special Gazette (No. 105) 20 December 1988 page 1; section 159(4) on 1 July 1989: Government Gazette 28 June 1989 page 1558.

The title of this Act was changed from the Marine Act 1988 to the Marine (Drug, Alcohol and Pollution Control) Act 1988 by section 375(1) of the Marine Safety Act 2010, No. 65/2010.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Marine (Drug, Alcohol and Pollution Control) Act 1988 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Transport (Amendment) Act 1989, No. 44/1989

Assent Date: 6.6.89

Commencement Date: Ss 16, 39(3), Sch. 2 items 42.1, 42.11, 42.12 on 6.6.89: s. 2(2); s. 39(2) on 16.12.86: s. 2(3); s. 42(1) on 1.11.89: s. 2(4); s. 42(2) on 1.11.89: s. 2(5); s. 42(3) on 11.11.89: s. 2(6); rest of Act on 1.7.89: s. 2(1)

CurrentState: All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date: 14.6.89

Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217

CurrentState: All of Act in operation

Road Safety (Amendment) Act 1990, No. 5/1990

Assent Date: 3.4.90

Commencement Date: S. 18 on 8.5.90: Special Gazette (No. 20) 8.5.90 p. 1

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Pollution of Waters by Oil and Noxious Substances (Amendment) Act 1991, No. 46/1991

Assent Date: 25.6.91

Commencement Date: 1.3.92: Government Gazette 19.2.92 p. 378

CurrentState: All of Act in operation

Transport (Amendment) Act 1992, No. 85/1992

Assent Date: 24.11.92

Commencement Date: Ss 1, 2 on 24.11.92: s. 2(1); rest of Act on 1.12.92: Special Gazette (No. 65) 1.12.92 p. 1

CurrentState: All of Act in operation

Marine (Amendment) Act 1993, No. 20/1993

Assent Date: 25.5.93

Commencement Date: All of Act (except ss 16, 27(1)) on 25.5.93: s. 2(1); s. 16 on 6.4.93: s. 2(2); s. 27(1) on 31.5.88: s. 2 (3)

CurrentState: All of Act in operation

Road Safety (Amendment) Act 1994, No. 17/1994

Assent Date: 10.5.94

Commencement Date: Ss 1, 2, 8 on 10.5.94: s. 2(1); rest of Act on 1.8.94: s. 2(3)

CurrentState: All of Act in operation

Medical Practice Act 1994, No. 23/1994

Assent Date: 17.5.94

Commencement Date: S. 118(Sch. 1 items 34.1–34.6) on 1.7.94: Government Gazette 23.6.94 p. 1672

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date: 31.5.94

Commencement Date: S. 3(Sch. 1 item 40) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984; s. 4(Sch. 2 items 50.1, 50.2) on 1.1.95: Government Gazette 28.7.94 p. 2055

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Road Safety (Amendment) Act 1995, No. 7/1995

Assent Date: 19.4.95

Commencement Date: 19.4.95

CurrentState: All of Act in operation

Ports Acts (Amendment) Act 1995, No. 23/1995 (as amended by No. 27/1996)

Assent Date: 16.5.95

Commencement Date: Ss 5, 6 on 16.11.95: Government Gazette 16.11.95 p. 3170

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Road Safety (Miscellaneous Amendments) Act 1995, No. 58/1995

Assent Date: 20.6.95

Commencement Date: S. 28 on 1.8.94: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Port Services Act 1995, No. 82/1995 (as amended by No. 27/1996)

Assent Date: 28.11.95

Commencement Date: Ss 153(1), 169 on 14.12.95: Government Gazette 14.12.95 p. 3488—see Interpretation of Legislation Act 1984; ss 155–165, 170–180 on 1.1.96: Government Gazette 14.12.95 p. 3488; ss 166–168 on 6.2.96: Special Gazette (No. 6) 6.2.96 p. 1; ss 153(2), 154(1)–(4)(8)(11)–(15) on 1.3.96: Special Gazette (No. 14) 27.2.96 p. 1; s. 196(1)–(4) repealed by No. 27/1996 s. 4(2); s. 154(5)–(7)(9)(10) repealed by No. 27/1996 s. 4(1)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995

Assent Date: 5.12.95

Commencement Date: Pt 15 (s. 33) on 1.8.94: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Superannuation Acts (Amendment) Act 1996, No. 4/1996

Assent Date: 18.6.96

Commencement Date: S. 134(6) on 18.6.96: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Statute Law Revision (Marine) Act 1996, No. 27/1996

Assent Date: 24.9.96

Commencement Date: S. 3 on 16.11.95: s. 2(2); ss 4(2), 5 on 14.12.95: s. 2(3); s. 4(1) on 1.3.96: s. 2(4); rest of Act on 24.9.96: s. 2(1)

CurrentState: All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date: 6.11.96

Commencement Date: S. 453(Sch. 1 item 55) on 1.1.97: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Port Services and Marine (Amendment) Act 1996, No. 51/1996

Assent Date: 26.11.96

Commencement Date: All of Act (except s. 13) on 26.11.96: s. 2(1); s. 13 on 14.12.95: s. 2(2)

CurrentState: All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date: 26.5.98

Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date: 2.6.98

Commencement Date: S. 311(Sch. 1 item 57) on 1.7.98: Government Gazette 18.6.98 p. 1512

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Marine (Amendment) Act 1999, No. 28/1999

Assent Date: 1.6.99

Commencement Date: 1.6.99

CurrentState: All of Act in operation

Road Safety (Amendment) Act 2000, No. 14/2000

Assent Date: 18.4.00

Commencement Date: Ss 27–30 on 1.12.00: s. 2(4)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Statute Law Revision Act 2000, No. 74/2000

Assent Date: 21.11.00

Commencement Date: S. 3(Sch. 1 item 76) on 22.11.00: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Marine (Amendment) Act 2000, No. 93/2000 (as amended by No. 23/2001)

Assent Date: 5.12.00

Commencement Date: 3.12.01: Government Gazette 29.11.01 p. 2939

CurrentState: All of Act in operation

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date: 8.5.01

Commencement Date: S. 3(Sch. item 46) on 1.6.01: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001, No. 23/2001

Assent Date: 29.5.01

Commencement Date: Ss 17–22 on 28.6.01: Government Gazette 21.6.01 p. 1339

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date: 27.6.01

Commencement Date: S. 3(Sch. item 78) on 15.7.01: s. 2

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Marine (Further Amendment) Act 2001, No. 77/2001

Assent Date: 27.11.01

Commencement Date: Ss 18, 22, 23(1)(2), 24–26, 29 on 28.11.01: s. 2(1); ss 3–9, 31 on 7.2.02: s. 2(2); ss 10–15, 19–21, 23(3), 27, 28, 30 on 7.2.02: Government Gazette 31.1.02 p. 140; ss 16, 17 on 1.1.03: s. 2(4)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Marine (Hire and Drive Vessels) Act 2001, No. 90/2001

Assent Date: 11.12.01

Commencement Date: Ss 8, 10 on 12.12.01: s. 2(1); ss 3–7, 9 on 1.2.02: Government Gazette 31.1.02 p. 140

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date: 23.4.02

Commencement Date: S. 3(Sch. 1 item 44) on 7.2.02: s. 2(2)(e)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Road Safety (Responsible Driving) Act 2002, No. 46/2002

Assent Date: 22.10.02

Commencement Date: S. 15 on 23.10.02: s. 2(1); s. 16 on 15.12.02: Government Gazette 31.10.02 p. 2906

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Port Services (Port Management Reform) Act 2003, No. 85/2003

Assent Date: 11.11.03

Commencement Date: S. 34(2) on 1.4.04: Government Gazette 1.4.04 p. 714; s. 34(1) on 1.7.04: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Road Safety (Amendment) Act 2003, No. 94/2003

Assent Date: 25.11.03

Commencement Date: Ss 34, 36–39 on 26.11.03: s. 2(1); s. 35 on 1.1.05: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Marine (Amendment) Act 2004, No. 9/2004

Assent Date: 11.5.04

Commencement Date: Ss 3–25, Sch. on 1.7.04: Government Gazette 1.7.04 p. 1843

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Monetary Units Act 2004, No. 10/2004

Assent Date: 11.5.04

Commencement Date: S. 15(Sch. 1 item 18) on 1.7.04: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004

Assent Date: 16.6.04

Commencement Date: S. 3 on 17.6.04: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Public Administration Act 2004, No. 108/2004

Assent Date: 21.12.04

Commencement Date: S. 117(1)(Sch. 3 item 123) on 5.4.05: Government Gazette 31.3.05 p. 602

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Health Professions Registration Act 2005, No. 97/2005

Assent Date: 7.12.05

Commencement Date: S. 182(Sch. 4 item 34) on 1.7.07: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation (Safety Investigations) Act 2006, No. 10/2006

Assent Date: 4.4.06

Commencement Date: S. 5 on 1.8.06: Government Gazette 27.7.06 p. 1534

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date: 13.6.06

Commencement Date: Ss 69–73 on 1.7.06: Government Gazette 29.6.06 p. 1315

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Amendment Act 2007, No. 69/2007

Assent Date: 11.12.07

Commencement Date: S. 68 on 12.12.07: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009

Assent Date: 12.5.09

Commencement Date: Ss 4, 5 on 1.7.09: s. 2(2); s. 3 on 26.10.09: Government Gazette 22.10.09 p. 2688

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date: 24.11.09

Commencement Date: S. 97(Sch. item 84) on 1.1.10: Government Gazette 10.12.09 p. 3215

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date: 24.11.09

Commencement Date: S. 54(Sch. Pt 1 item 36), (Sch. Pt 2 item 34) on 1.1.10: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009

Assent Date: 15.12.09

Commencement Date: Ss 6–8, 9(2), 47, 48 on 17.12.09: Government Gazette 17.12.09 p. 3339; s. 3 on 1.11.10: Government Gazette 21.10.10 p. 2531; ss 4, 5, 9(1) on 1.9.11: s. 2(4)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date: 2.3.10

Commencement Date: Ss 24(5)(Sch. 1 item 6), 201(1)(Sch. 5) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date: 30.3.10

Commencement Date: S. 51(Sch. item 35) on 1.7.10: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010

Assent Date: 18.5.10

Commencement Date: S. 84 on 22.5.10: Government Gazette 20.5.10 p. 988; s. 16 on 30.6.10: Government Gazette 10.6.10 p. 1149

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Justice Legislation Amendment Act 2010, No. 30/2010

Assent Date: 8.6.10

Commencement Date: Ss 88–90 on 26.6.10: Government Gazette 24.6.10 p. 1274

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010

Assent Date: 17.8.10

Commencement Date: Ss 44–50 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Marine Safety Act 2010, No. 65/2010 (as amended by Nos 78/2011, 43/2012)

Assent Date: 28.9.10

Commencement Date: Ss 375–390, 391(1)–(3), (5), 392, 393 on 1.7.12: s. 2(2); s. 391(4) never proclaimed, repealed by No. 78/2011 s. 38(2)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date: 19.10.10

Commencement Date: S. 34 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date: 19.10.10

Commencement Date: S. 24(Sch. 1 item 18) on 1.1.11: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011, No. 38/2011

Assent Date: 23.8.11

Commencement Date: Ss 36–38 on 1.1.12: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011

Assent Date: 22.11.11

Commencement Date: S. 107(Sch. item 9) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011, No. 78/2011

Assent Date: 13.12.11

Commencement Date: Ss 44–49 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 4

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Amendment (Marine Drug and Alcohol Standards Modernisation and Other Matters) Act 2012, No. 66/2012

Assent Date: 7.11.12

Commencement Date: Ss 3–24 on 1.12.12: Special Gazette (No. 373) 7.11.12 p. 1

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Marine (Domestic Commercial Vessel National Law Application) Act 2013, No. 36/2013

Assent Date: 18.6.13

Commencement Date: Ss 84–88 on 1.7.13: Special Gazette (No. 226) 25.6.13 p. 1

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Road Safety and Sentencing Acts Amendment Act 2013, No. 56/2013

Assent Date: 24.9.13

Commencement Date: S. 29 on 30.9.13: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Statute Law Revision Act 2013, No. 70/2013

Assent Date: 19.11.13

Commencement Date: S. 4(Sch. 2 item 29) on 1.12.13: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Emergency Management Act 2013, No. 73/2013

Assent Date: 3.12.13

Commencement Date: S. 96 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14

Commencement Date: S. 10(Sch. item 106) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Fines Reform Act 2014, No. 47/2014 (as amended by No. 29/2016)

Assent Date: 1.7.14

Commencement Date: Ss 282, 283 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Road Legislation Amendment Act 2016, No. 5/2016

Assent Date: 16.2.16

Commencement Date: Ss 6–9 on 15.4.16: Special Gazette (No. 92) 12.4.16 p. 1

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016

Assent Date: 22.3.16

Commencement Date: S. 167 on 7.6.16: Special Gazette (No. 177) 7.6.16 p. 1; s. 179(Sch. 1 item 5) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Ports and Marine Legislation Amendment Act 2017, No. 55/2017

Assent Date: 8.11.17

Commencement Date: Ss 39–42 on 31.12.17: Special Gazette (No. 433) 12.12.17 p. 1; ss 34–38 on 31.1.18: Special Gazette (No. 433) 12.12.17 p. 1

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017, No. 68/2017

Assent Date: 19.12.17

Commencement Date: S. 123 on 20.12.17: s. 2(1)

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date: 27.2.18

Commencement Date: S. 68(Sch. 2 item 85) on 1.3.19: s. 2(2)

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Emergency Management Legislation Amendment Act 2018, No. 36/2018

Assent Date: 21.8.18

Commencement Date: S. 38 on 30.9.20: Special Gazette (No. 494) 29.9.20 p. 1

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date: 28.8.18

Commencement Date: S. 42 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Marine and Fisheries Legislation Amendment Act 2019, No. 35/2019

Assent Date: 22.10.19

Commencement Date: S. 10 on 18.12.19: Special Gazette (No. 537) 17.12.19 p. 2; s. 9 on 1.2.20: Special Gazette (No. 537) 17.12.19 p. 2

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022

Assent Date: 24.5.22

Commencement Date: S. 93 on 1.7.22: Government Gazette 23.6.22 p. 2737

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date: 21.11.23

Commencement Date: S. 127(Sch. 1 item 6) on 22.11.23: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Victorian Institute of Forensic Medicine Act 2024, No. 34/2024

Assent Date: 17.9.24

Commencement Date: S. 54 on 1.7.25: s. 2(2)

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Roads and Road Safety Legislation Amendment Act 2024, No. 46/2024

Assent Date: 19.11.24

Commencement Date: Ss 44–46 on 13.8.25: s. 2(3)

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Statute Law Repeals Act 2025, No. 3/2025

Assent Date: 11.2.25

Commencement Date: S. 3(Sch. 1 item 5) on 12.2.25: s. 2

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date: 5.8.25

Commencement Date: Ss 61, 106(Sch. 1 item 25) on 6.8.25: s. 2(1)

Current State: This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

[1] Ss 40–44:

S. 40 amended by No. 46/1991 s. 42, repealed by No. 82/1995 s. 160.

S. 41 amended by No. 46/1991 s. 43, repealed by No. 82/1995 s. 160.

S. 42 repealed by No. 82/1995 s. 160.

S. 43 amended by No. 46/1991 s. 44, repealed by No. 82/1995 s. 160.

S. 44 repealed by No. 82/1995 s. 160.

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Citations

Marine (Drug, Alcohol and Pollution Control) Act 1988 (Vic)

Cases Citing This Decision

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Statutory Material Cited

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Assent Date:	6.6.89
Commencement Date:	Ss 16, 39(3), Sch. 2 items 42.1, 42.11, 42.12 on 6.6.89: s. 2(2); s. 39(2) on 16.12.86: s. 2(3); s. 42(1) on 1.11.89: s. 2(4); s. 42(2) on 1.11.89: s. 2(5); s. 42(3) on 11.11.89: s. 2(6); rest of Act on 1.7.89: s. 2(1)
CurrentState:	All of Act in operation

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Assent Date:	3.4.90
Commencement Date:	S. 18 on 8.5.90: Special Gazette (No. 20) 8.5.90 p. 1
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	25.6.91
Commencement Date:	1.3.92: Government Gazette 19.2.92 p. 378
CurrentState:	All of Act in operation

Assent Date:	24.11.92
Commencement Date:	Ss 1, 2 on 24.11.92: s. 2(1); rest of Act on 1.12.92: Special Gazette (No. 65) 1.12.92 p. 1
CurrentState:	All of Act in operation

Assent Date:	25.5.93
Commencement Date:	All of Act (except ss 16, 27(1)) on 25.5.93: s. 2(1); s. 16 on 6.4.93: s. 2(2); s. 27(1) on 31.5.88: s. 2 (3)
CurrentState:	All of Act in operation

Assent Date:	10.5.94
Commencement Date:	Ss 1, 2, 8 on 10.5.94: s. 2(1); rest of Act on 1.8.94: s. 2(3)
CurrentState:	All of Act in operation

Assent Date:	17.5.94
Commencement Date:	S. 118(Sch. 1 items 34.1–34.6) on 1.7.94: Government Gazette 23.6.94 p. 1672
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	31.5.94
Commencement Date:	S. 3(Sch. 1 item 40) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984; s. 4(Sch. 2 items 50.1, 50.2) on 1.1.95: Government Gazette 28.7.94 p. 2055
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	19.4.95
Commencement Date:	19.4.95
CurrentState:	All of Act in operation

Assent Date:	16.5.95
Commencement Date:	Ss 5, 6 on 16.11.95: Government Gazette 16.11.95 p. 3170
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	20.6.95
Commencement Date:	S. 28 on 1.8.94: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	28.11.95
Commencement Date:	Ss 153(1), 169 on 14.12.95: Government Gazette 14.12.95 p. 3488—see Interpretation of Legislation Act 1984; ss 155–165, 170–180 on 1.1.96: Government Gazette 14.12.95 p. 3488; ss 166–168 on 6.2.96: Special Gazette (No. 6) 6.2.96 p. 1; ss 153(2), 154(1)–(4)(8)(11)–(15) on 1.3.96: Special Gazette (No. 14) 27.2.96 p. 1; s. 196(1)–(4) repealed by No. 27/1996 s. 4(2); s. 154(5)–(7)(9)(10) repealed by No. 27/1996 s. 4(1)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	5.12.95
Commencement Date:	Pt 15 (s. 33) on 1.8.94: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	18.6.96
Commencement Date:	S. 134(6) on 18.6.96: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	24.9.96
Commencement Date:	S. 3 on 16.11.95: s. 2(2); ss 4(2), 5 on 14.12.95: s. 2(3); s. 4(1) on 1.3.96: s. 2(4); rest of Act on 24.9.96: s. 2(1)
CurrentState:	All of Act in operation

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 55) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	26.11.96
Commencement Date:	All of Act (except s. 13) on 26.11.96: s. 2(1); s. 13 on 14.12.95: s. 2(2)
CurrentState:	All of Act in operation

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 57) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	1.6.99
Commencement Date:	1.6.99
CurrentState:	All of Act in operation

Assent Date:	18.4.00
Commencement Date:	Ss 27–30 on 1.12.00: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 76) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	5.12.00
Commencement Date:	3.12.01: Government Gazette 29.11.01 p. 2939
CurrentState:	All of Act in operation

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 46) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	29.5.01
Commencement Date:	Ss 17–22 on 28.6.01: Government Gazette 21.6.01 p. 1339
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 78) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	27.11.01
Commencement Date:	Ss 18, 22, 23(1)(2), 24–26, 29 on 28.11.01: s. 2(1); ss 3–9, 31 on 7.2.02: s. 2(2); ss 10–15, 19–21, 23(3), 27, 28, 30 on 7.2.02: Government Gazette 31.1.02 p. 140; ss 16, 17 on 1.1.03: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	11.12.01
Commencement Date:	Ss 8, 10 on 12.12.01: s. 2(1); ss 3–7, 9 on 1.2.02: Government Gazette 31.1.02 p. 140
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 44) on 7.2.02: s. 2(2)(e)
CurrentState:	This information relates only to the provision/s amending the Marine (Drug, Alcohol and Pollution Control) Act 1988