[printicon.gif] Print Page [searchicon.gif] Find Component [searchicon.gif] Find Legislation [historyoff.gif] History ON _Road Safety (Alcohol and Drugs) Regulations 1999 (S.R. 1999, No. 173)_ _Requested:_ 12 Oct 2009 _Consolidated as at:_ 12 Oct 2009 Road Safety (Alcohol and Drugs) Regulations 1999 I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the _Road Safety (Alcohol and Drugs) Act 1970_. 13 December 1999 G. S. M. GREEN Governor By His Excellency's Command, D. E. LLEWELLYN Minister for Police and Public Safety _PART 1 - Preliminary_ _1. Short title_ These regulations may be cited as the _Road Safety (Alcohol and Drugs) Regulations 1999_. _2. Commencement_ These regulations take effect on 1 January 2000. _3. Interpretation_ In these regulations, unless the contrary intention appears - _"Alcotest 7110"_ means the breath analysing instrument known by that name; _"Main Act"_ means the _Road Safety (Alcohol and Drugs) Act 1970_; _"Related Act"_ means the _Marine Safety (Misuse of Alcohol) Act 2006_. _PART 2 - Administrative_ _4. Qualifications of certain approved analysts_ The qualifications prescribed for the purposes of section 3(5)(b) of the Main Act are - _(a)_ membership, or qualification for membership, of the Royal Australian Chemical Institute or a similar institute approved by the Minister; and _(b)_ at least 5 years' experience in analytical chemistry. _5. Duties of supervising analyst in relation to Alcotest 7110_ The supervising analyst in relation to an Alcotest 7110 is to ensure that - _(a)_ it is properly maintained; and _(b)_ approved operators are, from time to time, given such written instructions in relation to the use of that instrument as the supervising analyst considers necessary and appropriate. _6. Testing and use of Alcotest 7110_ _(1)_ The supervising analyst is to cause the accuracy of an Alcotest 7110 to be tested from time to time. _(2)_ Where an Alcotest 7110 is tested in accordance with subregulation (1) and the supervising analyst is satisfied that it is accurate, he or she is to issue and sign a certificate in accordance with Form 1 in Schedule 1, stating the day on which the instrument was so tested. _(3)_ An approved operator is not to use an Alcotest 7110 for carrying out breath analysis for the purposes of the Main Act or the Related Act unless a certificate referred to in subregulation (2) has been issued in respect of that instrument stating that the instrument was tested on a day not earlier than 6 months before the day on which the instrument was so used. _7. Duties of approved operators in relation to Alcotest 7110_ _(1)_ While an Alcotest 7110 is being used by an approved operator for carrying out a breath analysis, the operator is to ensure - _(a)_ that the person submitting to the breath analysis gives a sample of breath into a mouthpiece supplied by the operator; and _(b)_ that an unused mouthpiece is provided for use in the breath analysis; and _(c)_ that the operator does not carry out a breath analysis unless he or she is satisfied that the person has not consumed intoxicating liquor during the 15 minutes preceding the analysis; and _(d)_ after the completion of the breath analysis - _(i)_ that the operator records the resultant reading of the breath analysis; and _(ii)_ that the operator inquires of the person whether the person is - _(A)_ for a breath analysis carried out under and for the Main Act, a person mentioned in section 6(3) of the Main Act; or _(B)_ for a breath analysis carried out under and for the Related Act, an operator of a commercial vessel; and _(iii)_ that the operator completes and signs the written statement required by the relevant enactment; and _(e)_ that the person submitting to the breath analysis is provided with a copy of the printout referred to in regulation 9(2). _(2)_ In this regulation - _"relevant enactment"_ means - _(a)_ for a breath analysis carried out under and for the Main Act, section 11 of the Main Act; and _(b)_ for a breath analysis carried out under and for the Related Act, section 29 of the Related Act. _8. Approved operators to carry out instructions_ An approved operator is to carry out any instructions given to him or her by the supervising analyst under regulation 5(b). _9. Record to be maintained by approved operators_ _(1)_ An approved operator is to maintain, in such form as the supervising analyst requires, a record containing such particulars as the supervising analyst requires with respect to the exercise by that operator of his or her functions under the Main Act and the Related Act, or under either of those Acts. _(2)_ For the purposes of subregulation (1), _"record"_, in the case of an Alcotest 7110, includes a printout supplied by that instrument. _PART 3 - Blood and urine samples_ _10. Taking of blood samples_ _(1)_ For the purposes of the relevant enactment, a sample of blood taken is to be taken, and each container into which a part of that sample is placed is to be labelled, in a manner that conforms with such of the following requirements as are respectively applicable to the taking and labelling: _(a)_ the sample is to consist of approximately 15 millilitres of blood; _(b)_ no alcohol, ether, acetone or any other volatile organic substance is to be used as, or contained in, the skin disinfectant used at the site from which the sample is taken; _(c)_ the instruments used for the purpose of taking the sample are to be sterilised in a manner that does not leave any residue of a volatile organic substance on those instruments; _(d)_ after placing a part of the sample in a suitable container, the cap is to be replaced and the container inverted about 30 times to dissolve the substances contained in the container in the blood and thoroughly mix the solution; _(e)_ the label on each container is to be marked with the name of the person from whom the sample was taken, the date and time at which it was taken and the name of the medical practitioner or qualified nurse by whom it was taken; _(f)_ the label on the container containing the control sample, in addition to being marked as prescribed by paragraph (e), is to be marked with the word "Control". _(2)_ An instrument packed in a form in which it is intended to be supplied for use in medical practice is taken to have been sterilised in accordance with subregulation (1)(c). _(3)_ In this regulation - _"control sample"_ means that part of a blood sample that may not, except as a court may otherwise direct, be analysed or otherwise dealt with except on a request under - _(a)_ in the case of a sample taken under and for the Main Act, section 13B(1) of the Main Act; or _(b)_ in the case of sample taken under and for the Related Act, section 35(3) of the Related Act; _"relevant enactment"_ means - _(a)_ for a blood sample taken under and for the Main Act, sections 13(4) and (5A) of the Main Act; and _(b)_ for a blood sample taken under and for the Related Act, sections 32(2) and (5) of the Related Act. _11. Taking of urine samples_ _(1)_ For the purposes of the Main Act, a sample of urine taken is to be taken, and each container into which a part of that sample is placed is to be labelled, in a manner that conforms with such of the following requirements as are respectively applicable to the taking and labelling: _(a)_ the sample is to consist of approximately 200 millilitres of urine; _(b)_ the receptacle in which the urine is collected and any container in which it is later placed is to be clean and dry and free from alcohol, ether, acetone or any other volatile organic substance; _(c)_ the label on any container in which the urine is placed is to be marked with the name of the person from whom the sample was taken, the date and time at which it was taken and the name of the medical practitioner by whom it was taken; _(d)_ the label on the container containing the control sample, in addition to being marked as prescribed by paragraph (c), is to be marked with the word "Control". _(2)_ In this regulation - _"control sample"_ means that part of a urine sample taken under and for the Main Act that may not, except as a court may otherwise direct, be analysed or otherwise dealt with except on a request under section 13B(1) of the Main Act. _12. Provisions relating to blood samples delivered to police officers_ _(1)_ For the purposes of the relevant enactment, a container containing part of a sample of blood that is delivered to a police officer is to be kept - _(a)_ in the police officer's possession, if he or she does not detain the person from whom the sample is taken after the officer has charged the person with an offence under the Act; or _(b)_ at a police station in a place of safety, if that person is detained after being so charged. _(2)_ The officer in charge of the police station at which a person is charged with an offence under the Act and at which that person's sample of blood has been taken is prescribed as the person to whom a request referred to in section 13A(3) of the Main Act or, as the case may be, section 34(4) of the Related Act is to be made. _(3)_ In this regulation - _"delivered"_ means - _(a)_ in the case of a blood sample taken under and for the Main Act, delivered pursuant to section 13(5B) of that Act; and _(b)_ in the case of a blood sample taken under and for the Related Act, delivered pursuant to section 32(6) of that Act; _"police station"_ includes, in the case of the Related Act, a police vessel or a shore facility used in connection with the operation of police vessels; _"relevant enactment"_ means - _(a)_ for a blood sample taken under and for the Main Act, section 13A(1) of the Main Act; and _(b)_ for a blood sample taken under and for the Related Act, section 34(2) of the Related Act. _PART 4 - Miscellaneous_ _13. Police officer to receive copy of report of analysis_ The Commander of Operation Support District is the prescribed police officer for the purposes of section 13B(2)(c) of the Main Act and section 35(6)(b)(ii) of the Related Act. _14. Identification of drivers_ For the purposes of section 10(8) of the Main Act - _(a)_ a piece of textile material bearing the word "DRIVER" is prescribed as the means of identification; and _(b)_ the tying of that material to the body or any part of the body of a person by tapes or other similar means is prescribed as the manner in which it is to be attached to the body of that person. _15. Forms of statements_ _(1)_ For the purposes of section 11 of the Main Act - _(a)_ a statement in a case where the concentration of alcohol in the breath of a person submitting to a breath analysis, as determined by that analysis, is greater than the prescribed concentration is to be in accordance with Form 2 in Schedule 1 to these regulations; and _(b)_ a statement in a case where - _(i)_ it appears to an approved operator carrying out a breath analysis that the person submitting to the analysis is, or may be, a person mentioned in section 6(3) or (4) of the Main Act; and _(ii)_ the result of that analysis indicates that alcohol is present in that person's body - is to be in accordance with Form 3 in Schedule 1; and _(c)_ a statement in a case where the concentration of alcohol in the breath of a person submitting to a breath analysis, as determined by that analysis, is not greater than the prescribed concentration, and that person has not, on inquiry made of him or her by an approved operator, indicated that he or she is a person mentioned in section 6(3) or (4) of the Main Act, is to be in accordance with Form 4 in Schedule 1. _(2)_ A document in a form prescribed by these regulations as in force before the commencement of the _Road Safety (Alcohol and Drugs) Amendment Regulations 2000_ is taken to conform with these regulations, despite amendment to the form by those amending regulations, if the document is created or made within 12 months after the commencement of those amending regulations. _15A. Prescribed illicit drugs_ For the purposes of the Main Act, the following drugs are prescribed as illicit drugs: _(a)_ amphetamine; _(ab)_ cocaine; _(b)_ _delta_-9-tetrahydrocannabinol (THC); _(c)_ diacetylmorphine (heroin); _(d)_ _gamma_-hydroxybutyric acid (GHB); _(e)_ ketamine; _(f)_ lysergic acid diethylamide (LSD); _(g)_ methaqualone (Quaalude); _(h)_ methylamphetamine (speed); _(i)_ methylenedioxy-methamphetamine (MDMA, ecstasy); _(j)_ morphine; _(k)_ _N,N_-diethyltryptamines (DET); _(l)_ _N,N_-dimethyltryptamines (DMT); _(m)_ phencyclidine (PCP); _(n)_ psilocybin (magic mushrooms). _16. Prescription of sum for purposes of section 19(5) of Main Act_ For the purposes of section 19(5) of the Main Act, the sum of $20 is prescribed as the sum exceeding which a person becomes liable to pay for the whole or a portion of the costs of a medical report and examination under that section. _17. Fees_ The fees set out in Schedule 2 are the fees prescribed for the purposes of the Main Act and the Related Act in relation to the matters in respect of which they are respectively set out. _SCHEDULE 1 - Forms_ Regulations 6 and 15 Form 1 Click here to view image Form 2 Regulation 15 Click here to view image Form 3 Regulation 15 Click here to view image Click here to view image Form 4 Regulation 15 Click here to view image _SCHEDULE 2 - Fees_ Regulation 17 _$_ 1. Fee payable to a medical practitioner for the taking of a sample of blood (otherwise than in the course of a medical examination carried out under section 9 of the Main Act) 30.00 2. Fee payable to a medical practitioner for the carrying out of a medical examination under section 9 of the Main Act (including the taking of any samples of blood or urine in connection with that examination) 30.00 3. Fee payable to a qualified nurse for the taking of a sample of blood 30.00 Displayed and numbered in accordance with the _Rules Publication Act 1953_. Notified in the _Gazette_ on 22 December 1999. These regulations are administered in the Department of Police and Public Safety. _Table Of Amendments_ Citation Serial Number Date of commencement 1Road Safety (Alcohol and Drugs) Regulations 1999 S.R. 1999, No. 173 1.1.2000 Road Safety (Alcohol and Drugs) Amendment (Public Vehicles Reform) Regulations 2000 S.R. 2000, No. 73 26.6.2000 Road Safety (Alcohol and Drugs) Amendment Regulations 2000 S.R. 2000, No. 141 14.8.2000 Police Service (Consequential Amendments) Act 2003 No. 76 of 2003 1.1.2004 Road Safety (Alcohol and Drugs) Amendment Regulations 2005 S.R. 2005, No. 70 1.7.2005 Road Safety (Alcohol and Drugs) Amendment Regulations (No. 2) 2005 S.R. 2005, No. 84 20.7.2005 Road Safety (Alcohol and Drugs) Amendment Act (No. 2) 2005 No. 28 of 2005 1.2.2006 Road Safety (Alcohol and Drugs) Amendment Regulations 2006 S.R. 2006, No. 144 23.12.2006 1The {\i Road Safety (Alcohol and Drugs) Regulations 1999} expired on 22 December 2009. ______________________________________________________________________ CURRENT VIEW: _23 Dec 2006 - 22 Dec 2009_ ______________________________________________________________________ VIEW THE SESSIONAL VERSION ______________________________________________________________________