Road Safety (Alcohol and Drugs) Amendment Regulations 2006
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 .
20 December 2006W. J. E. COX
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Police and Emergency Management
These regulations may be cited as the Road Safety (Alcohol and Drugs) Amendment Regulations 2006 .
These regulations take effect on the day on which the Marine Safety (Misuse of Alcohol) Act 2006 commences.
In these regulations, the Road Safety (Alcohol and Drugs) Regulations 1999 are referred to as the Principal Regulations.
4. Regulation 3 substituted
Regulation 3 of the Principal Regulations is rescinded and the following regulation is substituted:In these regulations, unless the contrary intention appears –Alcotest 7110 means the breath analysing instrument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 .
5. Regulation 4 amended (Qualifications of certain approved analysts)
Regulation 4 of the Principal Regulations is amended by omitting "Act" and substituting "Main Act".
6. Regulation 6 amended (Testing and use of Alcotest 7110)
Regulation 6(3) of the Principal Regulations is amended by omitting "Act" and substituting "Main Act or the Related Act".
7. Regulation 7 amended (Duties of approved operators in relation to Alcotest 7110)
Regulation 7 of the Principal Regulations is amended as follows:(a) by omitting "While" and substituting "(1) While";(b) by omitting subparagraph (ii) from paragraph (d) and substituting the following subparagraph:(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(c) by omitting "section 11 of the Act" from paragraph (d)(iii) and substituting "the relevant enactment";(d) by inserting the following subregulation:(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. Regulation 9 amended (Record to be maintained by approved operators)
Regulation 9(1) of the Principal Regulations is amended by omitting "Act." and substituting "Main Act and the Related Act, or under either of those Acts.".
9. Regulation 10 amended (Taking of blood samples)
Regulation 10 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) " sections 13(4) and (5A) of the Act" and substituting "the relevant enactment";(b) by inserting the following subregulation after subregulation (2) :(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.
10. Regulation 11 amended (Taking of urine samples)
Regulation 11 of the Principal Regulations is amended as follows:(a) by omitting "For the purposes of the Act" and substituting "(1) For the purposes of the Main Act";(b) by inserting the following subregulation:(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.
11. Regulation 12 amended (Provisions relating to blood samples delivered to police officers)
Regulation 12 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) " section 13A(1) of the Act" and substituting "the relevant enactment";(b) by omitting from subregulation (1) "as mentioned in section 13(5B) of the Act";(c) by omitting from subregulation (2) "Act" second occurring and substituting "Main Act or, as the case may be, section 34(4) of the Related Act";(d) by inserting the following subregulation after subregulation (2) :(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.
12. Regulation 13 amended (Police officer to receive copy of report of analysis)
Regulation 13 of the Principal Regulations is amended by omitting "Act" and substituting "Main Act and section 35(6)(b)(ii) of the Related Act".
13. Regulation 14 amended (Identification of drivers)
Regulation 14 of the Principal Regulations is amended by omitting "Act" and substituting "Main Act".
14. Regulation 15 amended (Forms of statements)
Regulation 15(1) of the Principal Regulations is amended as follows:(a) by omitting "Act" first occurring and substituting "Main Act";(b) by omitting from paragraph (b)(i) "Act" and substituting "Main Act";(c) by omitting from paragraph (c) "Act" and substituting "Main Act".
15. Regulation 15A amended (Prescribed illicit drugs)
Regulation 15A of the Principal Regulations is amended by omitting "Act" and substituting "Main Act".
16. Regulation 16 amended (Prescription of sum for purposes of section 19(5) of Main Act)
Regulation 16 of the Principal Regulations is amended by omitting "Act" and substituting "Main Act".
17. Regulation 17 amended (Fees)
Regulation 17 of the Principal Regulations is amended by omitting "Act" and substituting "Main Act and the Related Act".
18. Schedule 2 amended (Fees)
Schedule 2 to the Principal Regulations is amended as follows:(a) by omitting "Act" from column 2 of item 1 in the table and substituting "Main Act";(b) by omitting "Act" from column 2 of item 2 in the table and substituting "Main Act".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 December 2006
These regulations are administered in the Department of Police and Emergency Management.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Road Safety (Alcohol and Drugs) Regulations 1999 so that they can support provisions of the Marine Safety (Misuse of Alcohol) Act 2006 as well as provisions of the Road Safety (Alcohol and Drugs) Act 1970 .