Untitled document

Marine (Drug, Alcohol and Pollution Control) Amendment Regulations 2016

S.R. No. 22/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Certificate by properly qualified analyst

6Evidentiary provisions for blood tests

7Certificate under section 32A(4)

8Certificate under section 32B(4)

9Schedule 3 amended

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Endnotes

STATUTORY RULES 2016

S.R. No. 22/2016

Marine (Drug, Alcohol and Pollution Control) Act 1988

Marine (Drug, Alcohol and Pollution Control) Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 12 April 2016

Responsible Minister:

LUKE DONNELLAN
Minister for Ports

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Marine (Drug, Alcohol and Pollution Control) Regulations 2012 as a consequence of the enactment of the Road Legislation Amendment Act 2016.

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 15 April 2016.

4Principal Regulations

In these Regulations, the Marine (Drug, Alcohol and Pollution Control) Regulations 2012[1] are called the Principal Regulations.

5Certificate by properly qualified analyst

In the heading to regulation 12 of the Principal Regulations, for "properly qualified" substitute "approved".

6Evidentiary provisions for blood tests

For regulation 12A(1)(b) of the Principal Regulations substitute—

"(b)a statement by the analyst that—

(i)the analyst is a properly qualified analyst within the meaning of section 32(1) of the Act; and

(ii)if paragraph (c) of the definition of properly qualified analyst applies, the person has specialised knowledge based on the person's qualifications, training and experience as specified in the certificate; and".

7Certificate under section 32A(4)

In regulation 12C(a) and (f) of the Principal Regulations, for "the analyst" substitute "the approved analyst".

8Certificate under section 32B(4)

In regulation 12F(a) and (c) of the Principal Regulations, for "the analyst" substitute "the approved analyst".

9Schedule 3 amended

(1)In the title of Schedule 3 to the Principal Regulations, for "PROPERLY QUALIFIED ANALYST" substitute "APPROVED ANALYST".

(2)In Schedule 3 to the Principal Regulations, for "a properly qualified analyst" substitute "an approved analyst".

(3)In Schedule 3 to the Principal Regulations, for "the properly qualified analyst" (where twice occurring) substitute "the approved analyst".

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ENDNOTES

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