Untitled document

Transport (Alcohol Measurement) Regulations 2004

S.R. No. 151/2004

TABLE OF PROVISIONS

Regulation  Page

1.     Objective

2.     Authorising provisions

3.Commencement

4.     Amendments to the Transport (Railway and Tramway Safety—Alcohol Controls) Regulations 1994

5. Amendment of Transport (Rail Safety) Regulations 1998

6. Amendment of Transport (Infringements) Regulations 1999

═══════════════

ENDNOTES

STATUTORY RULES 2004

S.R. No. 151/2004

Transport Act 1983

Transport (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 amendments to certain regulations made under the Transport Act 1983 in relation to the measurement of the concentration of alcohol in persons carrying out safety work.

2.  Authorising provisions

These Regulations are made under sections 102, 129Y and 215G of the Transport Act 1983.

3.Commencement

(1)These Regulations, except regulation 4(2), come into operation on 1 December 2004.

(2)Regulation 4(2) comes into operation on 1 January 2005.

4.  Amendments to the Transport (Railway and Tramway Safety—Alcohol Controls) Regulations 1994

(1)For regulation 13(i) of the Transport (Railway and Tramway Safety—Alcohol Controls) Regulations 1994[1], substitute—

"(i)the concentration of alcohol in grams—

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

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

(2)For regulation 13(i) of the Transport (Railway and Tramway Safety—Alcohol Controls) Regulations 1994, substitute—

"(i)the 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.".

5. Amendment of Transport (Rail Safety) Regulations 1998

In regulation 8(3)(b)(v) of the Transport (Rail Safety) Regulations 1998[2], after "blood" insert "or breath".

6. Amendment of Transport (Infringements) Regulations 1999

In regulation 203 of the Transport (Infringements) Regulations 1999[3], in Column 2 of the Table, after "blood" insert "or breath".

═══════════════

ENDNOTES

[1] Reg. 4(1): S.R. No. 177/1994 as extended in operation by S.R. No. 124/2004.

[2] Reg. 5: S.R. No. 140/1998 as amended by S.R. No. 88/2004.

[3] Reg. 6: S.R. No. 112/1999.  Reprint No. 1 as at 1 November 2004.  Reprinted to S.R. No. 127/2004.