Marine Safety (Misuse of Alcohol) Regulations 2016 (TAS)

Marine Safety (Misuse of Alcohol) Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Marine Safety (Misuse of Alcohol) Act 2006 .5 September 2016

C. WARNER

Governor

By Her Excellency’s Command,

M. T. (RENE) HIDDING

Minister for Police, Fire and Emergency Management

1Short titleThese regulations may be cited as the Marine Safety (Misuse of Alcohol) Regulations 2016 . 2CommencementThese regulations take effect on 22 December 2016. 3Interpretation (1)  In these regulations – Act means the Marine Safety (Misuse of Alcohol) Act 2006 . (2)  In these regulations a reference to a form by number is a reference to the form so numbered in Schedule 1 . 4Form of statementsFor section 29 of the Act, the written statement is to be in accordance with – (a) Form 2 in a case where the concentration of alcohol in the breath of the person submitting to the breath analysis, as determined by the breath analysis, is greater than the permitted concentration; and (b) Form 3 in a case where – (i) it appears to the approved operator carrying out the breath analysis that the person submitting to the breath analysis is, or may be, a person who has been operating a commercial vessel; and (ii) the result of the breath analysis indicates that alcohol is present in that person’s breath; and (c) Form 4 in a case where – (i) the concentration of alcohol in the breath of the person submitting to the breath analysis, as determined by the breath analysis, is not greater than the permitted concentration; and (ii) that person has not, in answer to an inquiry made by an approved operator, indicated that he or she has been operating a commercial vessel. 5Fee for restricted mariners certificate applicationFor section 46(3)(k) of the Act, the prescribed fee is 20 fee units. Schedule 1Forms

Regulation 3(2)

Form 1Form 2Form 3Form 4

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 14 September 2016

These regulations are administered in the Department of Police, Fire and Emergency Management.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) prescribe forms and a fee for the purposes of the Marine Safety (Misuse of Alcohol) Act 2006 ; and (b) are made consequentially on the repeal of the Marine Safety (Misuse of Alcohol) Regulations 2006 under section 11 of the Subordinate Legislation Act 1992 .