AustLII Tasmanian Numbered Acts

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MARINE SAFETY (MISUSE OF ALCOHOL) ACT 2006 (NO. 25 OF 2006)

- 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. ]



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