Untitled document

Marine (Alcohol Measurement) Regulations 2004

S.R. No. 152/2004

TABLE OF PROVISIONS

Regulation  Page

1.     Objective

2.     Authorising provision

3.Commencement

4.     Principal Regulations

5.Notice of immediate operator licence suspension

6.Form of certificate

7.Infringements

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 152/2004

Marine Act 1988

Marine (Alcohol Measurement) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 30 November 2004

Responsible Minister:

PETER BATCHELOR
Minister for Transport

DIANE CASEY

Clerk of the Executive Council

1.  Objective

The objective of these Regulations is to make further provision for breath testing for alcohol in the Marine Regulations 1999.

2.  Authorising provision

These Regulations are made under section 105 of the Marine Act 1988.

3.Commencement

(1)These Regulations, except regulation 6(2), come into operation on 1 December 2004.

(2)Regulation 6(2) comes into operation on 1 January 2005.

4.  Principal Regulations

In these Regulations, the Marine Regulations 1999[1] are called the Principal Regulations.

5.Notice of immediate operator licence suspension

In regulation 507(b) of the Principal Regulations, after "blood" insert "or breath (as the case requires)".

6.Form of certificate

(1)In Schedule 8 to the Principal Regulations, for—

"Concentration of alcohol in grams per 100 millilitres of blood indicated by the analysis to be present in the blood of the person tested:"

substitute—

"Concentration of alcohol in grams—

(a)per 100 millilitres of blood indicated by the analysis to be present in the blood of the person tested; or

(b)per 210 litres of exhaled air indicated by the analysis to be present in the breath of the person tested:".

(2)In Schedule 8 to the Principal Regulations, for—

"Concentration of alcohol in grams—

(a)per 100 millilitres of blood indicated by the analysis to be present in the blood of the person tested; or

(b)per 210 litres of exhaled air indicated by the analysis to be present in the breath of the person tested:"

substitute—

"Concentration of alcohol in grams per 210 litres of exhaled air indicated by the analysis to be present in the breath of the person tested:".

7.Infringements

In Schedule 13 to the Principal Regulations, in Column 2 of the Table—

(a)for the short description of offence shown opposite code number 2338, substitute—

"Being a person in charge of a vessel underway with unlawful—

(a)blood alcohol level of 0×05g/100ml or more than 0×05g/100ml but less than 0×10g/100ml; or

(b)breath alcohol level of 0×05g/210 litres or more than 0×05g/210 litres but less than 0×10g/210 litres—

but not being a person—

(c)under the age of 21 years; or

(d)who, by reason of section 27(1AAA) of the MA, is taken to be in charge of the vessel";

(b)for the short description of offence shown opposite code number 2339, substitute—

"Being a person in charge of a vessel underway with unlawful—

(a)blood alcohol level of 0×10g/100ml or more than 0×10g/100ml but less than 0×15g/100ml; or

(b)breath alcohol level of 0×10g/210 litres or more than 0×10g/210 litres but less than 0×15g/210 litres—

but not being a person—

(c)under the age of 21 years; or

(d)who, by reason of section 27(1AAA) of the MA, is taken to be in charge of the vessel".

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ENDNOTES

[1] Reg. 4: S.R. No. 145/1999.  Reprint No. 1 as at 7 February 2002.  Reprinted to S.R. No. 8/2002.  Further amended by S.R. Nos 143/2003 and 88/2004.