- Act 25 of 2006 - Royal Assent 18 December 2006 TABLE OF PROVISIONS Long Title PART 1 - Preliminary Division 1 - Title and commencement 1. Short title 2. Commencement Division 2 - Interpretation 3. Interpretation 4. Meaning of "relevant time" 5. Determining who is owner of vessel 6. Determining who is in charge of vessel 7. Status of pilots and masters, &c., of piloted vessels 8. Supervising analyst, approved analysts and approved operators Division 3 - Application of Act 9. Which vessels does Act apply to? 10. When does Act apply to vessels? 11. Extra-territorial operation 12. Act binds Crown PART 2 - Restrictions on Use of Alcohol by Mariners Division 1 - Commercial vessels 13. Person who has consumed alcohol not to operate commercial vessel 14. Person who has consumed alcohol not to be allowed to operate commercial vessel Division 2 - Other vessels 15. Application of Division 16. Person who has consumed more than certain amount of alcohol not to operate non-commercial vessel 17. Person who has consumed more than certain amount of alcohol not to be allowed to operate non-commercial vessel PART 3 - Enforcement of Alcohol Restrictions Division 1 - Police may require breath tests, breath analyses and blood-samplings 18. Breath testing, &c., of vessel operators 19. Breath analysis, &c., of vessel operators suspected of having consumed alcohol 20. Breath analysis, &c., of persons involved in maritime accidents Division 2 - Liability to submit to breath test, breath analysis or blood-sampling 21. Liable person must submit to breath test, breath analysis or blood-sampling 22. Liable person failing to submit to breath test, breath analysis or blood-sampling may be taken into custody 23. Person liable to submit to breath analysis may elect to have blood-sampling instead 24. Offence to refuse breath analysis while in custody if alternative election not made, &c. 25. Duration of breath analysis liability 26. Offence to attempt to manipulate result of breath test, breath analysis or blood-sampling 27. Enforcement procedures not to jeopardise safety of persons being given first aid, &c. 28. Blood-sampling may be required even if breath test or analysis not safe or practicable Division 3 - Testing and analysis procedures 29. Rights and obligations on completion of breath analysis, &c. 30. Blood-sampling of person incapable of consenting, and related duty of medical practitioner 31. Duty of medical practitioner who refrains from carrying out blood-sampling in patient's interest 32. Duty of medical practitioner who carries out blood-sampling 33. Follow-up procedure for blood-sampling of person incapable of consenting 34. Retention of blood sample during detention in custody 35. Analysis of blood samples by approved analyst Division 4 - Police powers 36. Ancillary police powers 37. Limitation on exercise of police powers 38. Identification of offenders 39. Police may direct certain persons not to operate vessels, &c. Division 5 - Penalties 40. Interpretation of Division 41. Penalties for direct breaches of marine alcohol restrictions 42. Additional penalty of disqualification for certain offences 43. Offence to operate vessel contrary to disqualification order 44. Offence to apply for local mariners certificate if prohibited from doing so Division 6 - Restricted mariners certificates 45. Interpretation of Division 46. Disqualified person may apply for restricted mariners certificate 47. Courts may make order authorising issue of restricted mariners certificate 48. Offence to contravene conditions of restricted mariners certificate, &c. Division 7 - Supplementary provisions 49. Notice of offence PART 4 - Evidence 50. Presumptions regarding breath tests and analyses, &c. 51. Restrictions on admission of evidence of breath analyses 52. Evidence as to carrying out breath analyses 53. Evidence of matters related to failure to submit to breath analysis 54. Evidentiary certificates and records 55. Limitation on tendering of evidentiary certificates and records 56. Section 177A of Evidence Act 2001 not to apply to evidentiary certificate, &c. 57. Evidence as to breath analyses, &c., inadmissible in certain proceedings PART 5 - Miscellaneous 58. Limitation on obligations of medical practitioners 59. Avoidance of certain provisions in insurance contracts 60. Service of documents 61. Regulations 62. Administration of Act 63. Consequential Amendments SCHEDULE 1 SCHEDULE 2[ Note: This table has been automatically generated and may be incomplete. ]