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