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Table Of Contents

Contents (2006 - 25)

Marine Safety (Misuse of Alcohol) Act 2006

Status information

Long Title

Part 1 - Preliminary

Division 1 - Title and commencement

1. Short title

2. Commencement

Division 2 - Interpretation

3. Interpretation

4. Meaning of "relevant time"

5. Determining who is owner of vessel

6. Determining who is in charge of vessel

7. Status of pilots and masters, &c., of piloted vessels

8. Supervising analyst, approved analysts and approved operators

Division 3 - Application of Act

9. Which vessels does Act apply to?

10. When does Act apply to vessels?

11. Extra-territorial operation

12. Act binds Crown

Part 2 - Restrictions on Use of Alcohol by Mariners

Division 1 - Commercial vessels

13. Person who has consumed alcohol not to operate commercial vessel

14. Person who has consumed alcohol not to be allowed to operate commercial vessel

Division 2 - Other vessels

15. Application of Division

16. Person who has consumed more than certain amount of alcohol not to operate non-commercial vessel

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. Breath testing, &c., of vessel operators

19. Breath analysis, &c., of vessel operators suspected of having consumed alcohol

20. Breath analysis, &c., of persons involved in maritime accidents

Division 2 - Liability to submit to breath test, breath analysis or blood-sampling

21. Liable person must submit to breath test, breath analysis or blood-sampling

22. Liable person failing to submit to breath test, breath analysis or blood-sampling may be taken into custody

23. Person liable to submit to breath analysis may elect to have blood-sampling instead

24. Offence to refuse breath analysis while in custody if alternative election not made, &c.

25. Duration of breath analysis liability

26. Offence to attempt to manipulate result of breath test, breath analysis or blood-sampling

27. Enforcement procedures not to jeopardise safety of persons being given first aid, &c.

28. Blood-sampling may be required even if breath test or analysis not safe or practicable

Division 3 - Testing and analysis procedures

29. Rights and obligations on completion of breath analysis, &c.

30. Blood-sampling of person incapable of consenting, and related duty of medical practitioner

31. Duty of medical practitioner who refrains from carrying out blood-sampling in patient's interest

32. Duty of medical practitioner who carries out blood-sampling

33. Follow-up procedure for blood-sampling of person incapable of consenting

34. Retention of blood sample during detention in custody

35. Analysis of blood samples by approved analyst

Division 4 - Police powers

36. Ancillary police powers

37. Limitation on exercise of police powers

38. Identification of offenders

39. Police may direct certain persons not to operate vessels, &c.

Division 5 - Penalties

40. Interpretation of Division

41. Penalties for direct breaches of marine alcohol restrictions

42. Additional penalty of disqualification for certain offences

43. Offence to operate vessel contrary to disqualification order

44. Offence to apply for local mariners certificate if prohibited from doing so

Division 6 - Restricted mariners certificates

45. Interpretation of Division

46. Disqualified person may apply for restricted mariners certificate

47. Courts may make order authorising issue of restricted mariners certificate

48. Offence to contravene conditions of restricted mariners certificate, &c.

Division 7 - Supplementary provisions

49. Notice of offence

Part 4 - Evidence

50. Presumptions regarding breath tests and analyses, &c.

51. Restrictions on admission of evidence of breath analyses

52. Evidence as to carrying out breath analyses

53. Evidence of matters related to failure to submit to breath analysis

54. Evidentiary certificates and records

55. Limitation on tendering of evidentiary certificates and records

56. Section 177A of Evidence Act 2001 not to apply to evidentiary certificate, &c.

57. Evidence as to breath analyses, &c., inadmissible in certain proceedings

Part 5 - Miscellaneous

58. Limitation on obligations of medical practitioners

59. Avoidance of certain provisions in insurance contracts

60. Service of documents

61. Regulations

62. Administration of Act

63. Consequential Amendments

Schedule 1 - Evidentiary Certificates and Records

Part 1 - Certificates

Part 2 - Records

Schedule 2 - Consequential Amendments

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Marine Safety (Misuse of Alcohol) Act 2006

Version current from 2 September 2013 to 2 December 2018 (accessed 13 March 2025 at 22:11)

Status Information

Currency of version

Version current from 2 September 2013 to 2 December 2018 (accessed 13 March 2025 at 22:11)

Legislation on this site is usually updated within 3 working days after a change to the legislation.

Table of Amending Instruments

(click to view Table of Amendments)

Responsible Minister and Department

See the latest Administrative Arrangement Order or view the Information Guides to Legislation

Authorisation

File last modified 30 November 2018

Tasmanian Legislation Tasmania's consolidated legislation online

Marine Safety (Misuse of Alcohol) Act 2006

Status Information

Currency of version

Table of Amending Instruments

Responsible Minister and Department

Authorisation

Tasmanian Legislation
Tasmania's consolidated legislation online