Marine Safety (Misuse of Alcohol) Regulations 2016

Marine Safety (Misuse of Alcohol) Regulations 2016

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 Marine Safety (Misuse of Alcohol) Act 2006 .

C. WARNER

Governor

By Her Excellency's Command,

M. T. (RENE) HIDDING

Minister for Police, Fire and Emergency Management

1.   Short title

These regulations may be cited as the Marine Safety (Misuse of Alcohol) Regulations 2016 .

2.   Commencement

These regulations take effect on 22 December 2016.

3.   Interpretation

(1)  In these regulations –

Act means the Marine Safety (Misuse of Alcohol) Act 2006 .

(2)  In these regulations a reference to a form by number is a reference to the form so numbered in Schedule 1 .

4.   Form of statements

For section 29 of the Act, the written statement is to be in accordance with –

(a) Form 2 in a case where the concentration of alcohol in the breath of the person submitting to the breath analysis, as determined by the breath analysis, is greater than the permitted concentration; and

(b) Form 3 in a case where –

(i) it appears to the approved operator carrying out the breath analysis that the person submitting to the breath analysis is, or may be, a person who has been operating a commercial vessel; and

(ii) the result of the breath analysis indicates that alcohol is present in that person's breath; and

(c) Form 4 in a case where –

(i) the concentration of alcohol in the breath of the person submitting to the breath analysis, as determined by the breath analysis, is not greater than the permitted concentration; and

(ii) that person has not, in answer to an inquiry made by an approved operator, indicated that he or she has been operating a commercial vessel.

5.   Fee for restricted mariners certificate application

For section 46(3)(k) of the Act, the prescribed fee is 20 fee units.

SCHEDULE 1 - Forms

Regulation 3(2)

Form 1

Form 2

Form 3

Form 4

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 14 September 2016

These regulations are administered in the Department of Police, Fire and Emergency Management.