Road Safety (Alcohol and Drugs) Regulations 1999 (TAS)

Road Safety (Alcohol and Drugs) Regulations 1999

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 Road Safety (Alcohol and Drugs) Act 1970 .13 December 1999

G. S. M. GREEN

Governor

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Police and Public Safety

PART 1Preliminary1Short titleThese regulations may be cited as the Road Safety (Alcohol and Drugs) Regulations 1999 . 2CommencementThese regulations take effect on 1 January 2000. 3InterpretationIn these regulations, unless the contrary intention appears – Act means the Road Safety (Alcohol and Drugs) Act 1970 ; Alcotest 7110 means the breath analysing instrument known by that name; control sample, in relation to a sample of blood or urine, means the part of the sample that may not be analysed or otherwise dealt with except – (a) on a request made as provided in section 13B(1) of the Act; or (b) as a court may otherwise direct. PART 2Administrative4Qualifications of certain approved analystsThe qualifications prescribed for the purposes of section 3(5)(b) of the Act are – (a) membership, or qualification for membership, of the Royal Australian Chemical Institute or a similar institute approved by the Minister; and (b) at least 5 years’ experience in analytical chemistry. 5Duties of supervising analyst in relation to Alcotest 7110The supervising analyst in relation to an Alcotest 7110 is to ensure that – (a) it is properly maintained; and (b) approved operators are, from time to time, given such written instructions in relation to the use of that instrument as the supervising analyst considers necessary and appropriate. 6Testing and use of Alcotest 7110 (1)  The supervising analyst is to cause the accuracy of an Alcotest 7110 to be tested from time to time. (2)  Where an Alcotest 7110 is tested in accordance with subregulation (1) and the supervising analyst is satisfied that it is accurate, he or she is to issue and sign a certificate in accordance with Form 1 in Schedule 1 , stating the day on which the instrument was so tested. (3)  An approved operator is not to use an Alcotest 7110 for carrying out breath analysis for the purposes of the Act unless a certificate referred to in subregulation (2) has been issued in respect of that instrument stating that the instrument was tested on a day not earlier than 6 months before the day on which the instrument was so used. 7Duties of approved operators in relation to Alcotest 7110While an Alcotest 7110 is being used by an approved operator for carrying out a breath analysis, the operator is to ensure – (a) that the person submitting to the breath analysis gives a sample of breath into a mouthpiece supplied by the operator; and (b) that an unused mouthpiece is provided for use in the breath analysis; and (c) that the operator does not carry out a breath analysis unless he or she is satisfied that the person has not consumed intoxicating liquor during the 15 minutes preceding the analysis; and (d) after the completion of the breath analysis – (i) that the operator records the resultant reading of the breath analysis; and (ii) that the operator inquires of that person whether the person is a person mentioned in section 6(3) of the Act; and (iii) that the operator completes and signs the written statement required by section 11 of the Act; and (e) that the person submitting to the breath analysis is provided with a copy of the printout referred to in regulation 9(2) . 8Approved operators to carry out instructionsAn approved operator is to carry out any instructions given to him or her by the supervising analyst under regulation 5(b) . 9Record to be maintained by approved operators (1)  An approved operator is to maintain, in such form as the supervising analyst requires, a record containing such particulars as the supervising analyst requires with respect to the exercise by that operator of his or her functions under the Act. (2)  For the purposes of subregulation (1) , record, in the case of an Alcotest 7110, includes a printout supplied by that instrument. PART 3Blood and urine samples10Taking of blood samples (1)  For the purposes of sections 13(4) and (5A) of the Act, a sample of blood taken is to be taken, and each container into which a part of that sample is placed is to be labelled, in a manner that conforms with such of the following requirements as are respectively applicable to the taking and labelling: (a) the sample is to consist of approximately 15 millilitres of blood; (b) no alcohol, ether, acetone or any other volatile organic substance is to be used as, or contained in, the skin disinfectant used at the site from which the sample is taken; (c) the instruments used for the purpose of taking the sample are to be sterilised in a manner that does not leave any residue of a volatile organic substance on those instruments; (d) after placing a part of the sample in a suitable container, the cap is to be replaced and the container inverted about 30 times to dissolve the substances contained in the container in the blood and thoroughly mix the solution; (e) the label on each container is to be marked with the name of the person from whom the sample was taken, the date and time at which it was taken and the name of the medical practitioner or qualified nurse by whom it was taken; (f) the label on the container containing the control sample, in addition to being marked as prescribed by paragraph (e) , is to be marked with the word "Control". (2)  An instrument packed in a form in which it is intended to be supplied for use in medical practice is taken to have been sterilised in accordance with subregulation (1)(c) . 11Taking of urine samplesFor the purposes of the Act, a sample of urine taken is to be taken, and each container into which a part of that sample is placed is to be labelled, in a manner that conforms with such of the following requirements as are respectively applicable to the taking and labelling: (a) the sample is to consist of approximately 200 millilitres of urine; (b) the receptacle in which the urine is collected and any container in which it is later placed is to be clean and dry and free from alcohol, ether, acetone or any other volatile organic substance; (c) the label on any container in which the urine is placed is to be marked with the name of the person from whom the sample was taken, the date and time at which it was taken and the name of the medical practitioner by whom it was taken; (d) the label on the container containing the control sample, in addition to being marked as prescribed by paragraph (c) , is to be marked with the word "Control". 12Provisions relating to blood samples delivered to police officers (1) For the purposes of section 13A(1) of the Act, a container containing part of a sample of blood that is delivered to a police officer as mentioned in section 13(5B) of the Act is to be kept – (a) in the police officer’s possession, if he or she does not detain the person from whom the sample is taken after the officer has charged the person with an offence under the Act; or (b) at a police station in a place of safety, if that person is detained after being so charged. (2) The officer in charge of the police station at which a person is charged with an offence under the Act and at which that person’s sample of blood has been taken is prescribed as the person to whom a request referred to in section 13A(3) of the Act is to be made. PART 4Miscellaneous13Police officer to receive copy of report of analysisThe Superintendent of Operation Support District is the prescribed police officer for the purposes of section 13B(2)(c) of the Act. 14Identification of driversFor the purposes of section 10(8) of the Act – (a) a piece of textile material bearing the word "DRIVER" is prescribed as the means of identification; and (b) the tying of that material to the body or any part of the body of a person by tapes or other similar means is prescribed as the manner in which it is to be attached to the body of that person. 15Forms of statementsFor the purposes of section 11 of the Act – (a) a statement in a case where the concentration of alcohol in the blood of a person submitting to a breath analysis, as determined by that analysis, is greater than the prescribed concentration is to be in accordance with Form 2 in Schedule 1 to these regulations; and (b) a statement in a case where – (i) it appears to an approved operator carrying out a breath analysis that the person submitting to the analysis is, or may be, a person mentioned in section 6(3) or (4) of the Act; and (ii) the result of that analysis indicates that alcohol is present in that person’s body – is to be in accordance with Form 3 in Schedule 1 ; and (c) a statement in a case where the concentration of alcohol in the blood of a person submitting to a breath analysis, as determined by that analysis, is not greater than the prescribed concentration, and that person has not, on inquiry made of him or her by an approved operator, indicated that he or she is a person mentioned in section 6(3) or (4) of the Act, is to be in accordance with Form 4 in Schedule 1 . 16Prescription of sum for purposes of section 19(5) of the ActFor the purposes of section 19(5) of the Act, the sum of $20 is prescribed as the sum exceeding which a person becomes liable to pay for the whole or a portion of the costs of a medical report and examination under that section. 17FeesThe fees set out in Schedule 2 are the fees prescribed for the purposes of the Act in relation to the matters in respect of which they are respectively set out. Schedule 1Forms

Regulations 6 and 15

Form 1Form 2Form 3Form 4Schedule 2Fees

Regulation 17

$
1.	Fee payable to a medical practitioner for the taking of a sample of blood (otherwise than in the course of a medical examination carried out under section 9 of the Act)	30.00
2.	Fee payable to a medical practitioner for the carrying out of a medical examination under section 9 of the Act (including the taking of any samples of blood or urine in connection with that examination)	30.00
3.	Fee payable to a qualified nurse for the taking of a sample of blood	30.00

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

Notified in the Gazette on 22 December 1999

These regulations are administered in the Department of Police and Public Safety.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations make provision in respect of –

(a) the operation of breath analysing instruments known as the Alcotest 7110; and (b) the taking of blood samples and urine samples; and (c) the fees in respect of the taking of those samples.