Victorian Consolidated Legislation

Marine Act 1988 - SECT 31A

Blood samples to be taken in certain cases

31A. Blood samples to be taken in certain cases



(1) In this section-



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doctor means a registered medical practitioner and includes a police surgeon.



(2) If a person of or over the age of 15 years enters or is brought to a place
for examination or treatment in consequence of an accident (whether within
Victoria or not) involving a vessel under way, the person must allow a doctor
to take from that person at that place a sample of that person's blood for
analysis.

Penalty: For a first offence, 12 penalty units. For a subsequent offence, 25
penalty units or imprisonment for 3 months.





(2A) On convicting a person, or finding a person guilty, of an offence under
subsection (2) involving a regulated recreational vessel or a regulated hire
and drive vessel the court must-

   (a)  for a first offence-

   (i)  in the case of an offender who is the holder of an operator licence,
        cancel the licence and disqualify the person from obtaining an
        operator licence for the time that the court thinks fit (not being
        less than 12 months);

   (ii) in the case of an offender who is not the holder of an operator
        licence, disqualify the person from obtaining an operator licence for
        the time that the court thinks fit (not being less than 12 months).

   (b)  for a second or subsequent offence-

   (i)  in the case of an offender who is the holder of an operator licence,
        cancel the licence and disqualify the person from obtaining an
        operator licence for the time that the court thinks fit (not being
        less than 24 months);

   (ii) in the case of an offender who is not the holder of an operator
        licence, disqualify the person from obtaining an operator licence for
        the time that the court thinks fit (not being less than 24 months).

(3) Subsection (2) does not apply if-

   (a)  in the opinion of the doctor first responsible for the examination or
        treatment of the person the taking of a blood sample from that person
        would be prejudicial to his or her proper care and treatment; or

   (b)  a member of the police force has notified the doctor first responsible
        for the examination or treatment of the person, in writing, that the
        person has undergone a preliminary breath test which did not indicate
        that the prescribed concentration of alcohol was exceeded; or

   (c)  a member of the police force or a member of an ambulance service has
        notified the doctor first responsible for the examination or treatment
        of the person, in writing, that the person was an occupant of and was
        not in charge of any vessel involved in the accident; or

   (d)  a member of the police force or a doctor has notified the doctor first
        responsible for the examination or treatment of the person, in
        writing, that a sample of the person's blood was taken by a doctor
        before the person entered or was brought to the place for examination
        or treatment.

(4) A person to whom subsection (2) applies and who is unconscious or
otherwise unable to communicate must be taken to allow the taking of a sample
of his or her blood by a doctor at a place which he or she enters or to which
he or she is brought for examination or treatment.

(5) If a sample of a person's blood is taken in accordance with this section,
evidence of the taking of it, the analysis of it or the results of the
analysis must not be used in evidence in any legal proceedings except for the
purposes of section 32.

(6) A person must not hinder or obstruct a doctor attempting to take a sample
of the blood of any other person in accordance with this section.

Penalty: 12 penalty units.

(7) No action lies against a doctor in respect of anything properly and
necessarily done by the doctor in the course of taking any sample of blood
which the doctor believes on reasonable grounds was required or allowed to be
taken from any person under this section.