Untitled document

Marine (Drug, Alcohol and Pollution Control) Amendment Regulations 2017

S.R. No. 137/2017

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Method of obtaining blood sample

5Procedure after taking blood sample

6Certificate by registered medical practitioner or approved health professional taking blood sample

7Schedule 2 revoked

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Endnotes

STATUTORY RULES 2017

S.R. No. 137/2017

Marine (Drug, Alcohol and Pollution Control) Act 1988

Marine (Drug, Alcohol and Pollution Control) Amendment Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 19 December 2017

Responsible Minister:

LUKE DONNELLAN
Minister for Ports

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the blood sampling procedures in the Marine (Drug, Alcohol and Pollution Control) Regulations 2012 to reflect changes in police and hospital procedures.

2Authorising provision

These Regulations are made under section 105 of the Marine (Drug, Alcohol and Pollution Control) Act 1988.

3Commencement

These Regulations come into operation on 31 January 2018.

4Method of obtaining blood sample

In regulation 9 of the Marine (Drug, Alcohol and Pollution Control) Regulations 2012[1]—

(a)in paragraph (b)(i) for "is" substitute "appears to be";

(b)for paragraph (b)(ii) substitute—

"(ii)does not contain ethanol.".

5Procedure after taking blood sample

(1)In regulation 10(1) of the Marine

(Drug, Alcohol and Pollution Control) Regulations 2012 omit "of section 31

or 31A".

(2)In regulation 10(1)(a) of the Marine (Drug, Alcohol and Pollution Control) Regulations 2012, for "3" substitute "2".

(3)After regulation 10(1) of the Marine (Drug, Alcohol and Pollution Control) Regulations 2012 insert—

"(1A)If a blood sample is taken under

section 31, 31AB or 31AE of the Act, the registered medical practitioner or approved health professional must give the sample containers to a police officer.".

(4)For regulation 10(2) of the Marine

(Drug, Alcohol and Pollution Control) Regulations 2012 substitute—

"(2)If a blood sample is taken under

section 31A of the Act, the approved health professional or doctor must ensure that—

(a)both sample containers are placed and sealed in one plastic sample bag; and

(b)that plastic sample bag is placed in a locked receptacle provided for that purpose at the place at which the sample was taken.".

6Certificate by registered medical practitioner or approved health professional taking blood sample

For regulation 11 of the Marine (Drug, Alcohol and Pollution Control) Regulations 2012 substitute—

"11   Prescribed form of certificate under section 32(3)

For the purposes of section 32(3) of the Act, the prescribed form for a certificate is a certificate that contains the following—

(a)a statement by the registered medical practitioner or approved health professional that the taking of the blood sample complies with the requirements of these Regulations;

(b)the name of the person from whom the blood sample was taken;

(c)the time and date the blood sample was taken;

(d)the name and signature of the registered medical practitioner or approved health professional who took the blood sample.".

7Schedule 2 revoked

Schedule 2 to the Marine (Drug, Alcohol and Pollution Control) Regulations 2012 is revoked.

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Endnotes

[1] Reg. 4: S.R. No. 46/2012 as amended by S.R. Nos 138/2012, 99/2013, 101/2013 and 22/2016.