Marine Safety Act 1998 MARINE SAFETY REGULATION 2003 - Made under the Marine Safety Act 1998 - As at 1 September 2008 - Reg 404 of 2003 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Regulation 2. Commencement 3. Definitions 3A. Security of blood and urine samples taken under Parts 2–5 of Schedule 1 to the Act 4. Penalty notice offences 5. Transitional provision: references to marine safety licences SCHEDULE 1 MARINE SAFETY REGULATION 2003 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Marine Safety Regulation 2003. MARINE SAFETY REGULATION 2003 - REG 2 Commencement 2 Commencement This Regulation commences on 1 July 2003. MARINE SAFETY REGULATION 2003 - REG 3 Definitions 3 Definitions In this Regulation: "the Act" means the Marine Safety Act 1998. MARINE SAFETY REGULATION 2003 - REG 3A Security of blood and urine samples taken under Parts 2–5 of Schedule 1 to the Act 3A Security of blood and urine samples taken under Parts 2–5 of Schedule 1 to the Act (1) After a sample of blood or urine taken under Part 2, 3, 4 or 5 of Schedule 1 to the Act is dealt with in accordance with clause 7 (3), 12 (1), 15 (3) or 20 (3) of that Schedule (as the case may require), the sample must be placed immediately in a locked security box of a type approved by the Commissioner of Police. It is to be kept in the security box until it is submitted to the laboratory in accordance with clause 7 (4), 12 (2), 15 (4) or 20 (4) of Schedule 1 to the Act. (2) A person must not destroy or otherwise interfere or tamper with a sample, or a portion of a sample, of a person’s blood or urine taken under Part 2, 3 or 5 of Schedule 1 to the Act except as follows: (a) after the expiration of 12 months commencing on the day the sample was taken, (b) in the case of a sample—by or at the direction of an analyst: (i) so as to permit a portion of the sample to be sent for analysis by a medical practitioner or laboratory nominated, under clause 7 (5), 12 (3) or 20 (5) of that Schedule, in an application made under the relevant clause by the person from whom the sample was taken, or (ii) in the course of, or on completion of, an analysis of the sample, (c) in the case of a portion of a sample—by or at the direction of the medical practitioner or laboratory nominated under clause 7 (5), 12 (3) or 20 (5) of that Schedule by the person from whom the sample was taken. (3) A person must not destroy or otherwise interfere or tamper with a sample, or a portion of a sample, of a person’s blood or urine taken under Part 4 of Schedule 1 to the Act except as follows: (a) after the expiration of 13 months commencing on the day the sample was taken, Note: Clause 15 (11) of Schedule 1 to the Act provides that a blood or urine sample that has been provided under that clause must be destroyed by or at the direction of the analyst who has custody of the sample without being analysed if, at the expiry of 13 months after the accident concerned, no authorised officer has made a notification relating to a death (as provided under clause 15 (8)). (b) in the case of a sample—by or at the direction of an analyst: (i) so as to permit a portion of the sample to be sent for analysis by a medical practitioner or laboratory nominated, under clause 15 (5) of that Schedule, in an application made under the relevant clause by the person from whom the sample was taken, or (ii) in the course of, or on completion of, an analysis of the sample, (c) in the case of a portion of a sample—by or at the direction of the medical practitioner or laboratory nominated under clause 15 (5) of that Schedule by the person from whom the sample was taken. Maximum penalty (subclauses (2) and (3)): 20 penalty units. MARINE SAFETY REGULATION 2003 - REG 4 Penalty notice offences 4 Penalty notice offences (1) For the purposes of section 126 of the Act: (a) an offence specified in Column 1 of Schedule 1 (being an offence under the Act or the Regulation indicated in the heading to the relevant part of that Schedule) is a prescribed offence, and (b) an amount shown in Column 2 of Schedule 1 opposite the prescribed offence is the amount of penalty prescribed for the offence if that offence is dealt with under section 126 of the Act. (2) If the reference to a provision in Column 1 of Schedule 1 is qualified by words that restrict its operation to specified kinds of offence or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified. (3) For the purposes of section 126 (9) of the Act, authorised officers are prescribed as a class of persons who are law enforcement officers in relation to the offences specified in Column 1 of Schedule 1. MARINE SAFETY REGULATION 2003 - REG 5 Transitional provision: references to marine safety licences 5 Transitional provision: references to marine safety licences A reference, in any provision of the Act that has commenced, to a marine safety licence includes, until such time as Part 4 of the Act commences, a reference to a registration, licence, certificate or other authority in force under any Act or regulation specified in Schedule 2 to the Act. MARINE SAFETY REGULATION 2003 - SCHEDULE 1 SCHEDULE 1 – Penalty notice offences (Clause 4) ___________________________ |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| |___________________________| MARINE SAFETY REGULATION 2003 - NOTES Note: The Regulation was repealed by sec 10 (2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2008. MARINE SAFETY REGULATION 2003 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsMarine Safety Regulation 2003 published in Gazette No 104 of 27.6.2003, p 6147 and amended as follows: Marine Safety Amendment (Transitional) Regulation 2004 (GG No 183 of 19.11.2004, p 8508) _________________________________________________________________________ | | |Marine Safety Amendment (Transitional) Regulation | |2005|(188)|2005. GG No 54 of 13.5.2005, p 1677. | | | | | |_________________________________________________________________________| | | |Marine Safety Amendment (Marine Pollution) Regulation | |2006|(516)|2006. GG No 111 of 1.9.2006, p 7349. | | | | | |_________________________________________________________________________| | | |Marine Safety Amendment (Alcohol and Drug Testing) Regulation | |2008|(322)|2008. GG No 93 of 1.8.2008, p 7364. | | | | | |_________________________________________________________________________| Table of amendments ______________________________________________ |______________________________________________| |______________________________________________| |______________________________________________|