Marine (Alcohol Measurement) Regulations 2004

Victorian Legislation and Parliamentary Documents i Marine (Alcohol Measurement) Regulations 2004 S.R. No. 152/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 2 5. Notice of immediate operator licence suspension 2 6. Form of certificate 2 7. Infringements 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 152/2004 Marine Act 1988 Marine (Alcohol Measurement) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 30 November 2004 Responsible Minister: PETER BATCHELOR Minister for Transport DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to make further provision for breath testing for alcohol in the Marine Regulations 1999. 2. Authorising provision These Regulations are made under section 105 of the Marine Act 1988. 3. Commencement (1) These Regulations, except regulation 6(2), come into operation on 1 December 2004. (2) Regulation 6(2) comes into operation on 1 January 2005. -- 2 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 152/2004 Marine (Alcohol Measurement) Regulations 2004 2 4. Principal Regulations In these Regulations, the Marine Regulations 19991 are called the Principal Regulations. 5. Notice of immediate operator licence suspension In regulation 507(b) of the Principal Regulations, after "blood" insert "or breath (as the case requires)". 6. Form of certificate (1) In Schedule 8 to the Principal Regulations, for— "Concentration of alcohol in grams per 100 millilitres of blood indicated by the analysis to be present in the blood of the person tested:" substitute— "Concentration of alcohol in grams— (a) per 100 millilitres of blood indicated by the analysis to be present in the blood of the person tested; or (b) per 210 litres of exhaled air indicated by the analysis to be present in the breath of the person tested:". (2) In Schedule 8 to the Principal Regulations, for— "Concentration of alcohol in grams— (a) per 100 millilitres of blood indicated by the analysis to be present in the blood of the person tested; or (b) per 210 litres of exhaled air indicated by the analysis to be present in the breath of the person tested:" substitute— "Concentration of alcohol in grams per 210 litres of exhaled air indicated by the analysis to be present in the breath of the person tested:". r. 4 -- 3 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 152/2004 Marine (Alcohol Measurement) Regulations 2004 3 7. Infringements In Schedule 13 to the Principal Regulations, in Column 2 of the Table— (a) for the short description of offence shown opposite code number 2338, substitute— "Being a person in charge of a vessel underway with unlawful— (a) blood alcohol level of 0⋅05g/100ml or more than 0⋅05g/100ml but less than 0⋅10g/100ml; or (b) breath alcohol level of 0⋅05g/210 litres or more than 0⋅05g/210 litres but less than 0⋅10g/210 litres— but not being a person— (c) under the age of 21 years; or (d) who, by reason of section 27(1AAA) of the MA, is taken to be in charge of the vessel"; (b) for the short description of offence shown opposite code number 2339, substitute— "Being a person in charge of a vessel underway with unlawful— (a) blood alcohol level of 0⋅10g/100ml or more than 0⋅10g/100ml but less than 0⋅15g/100ml; or (b) breath alcohol level of 0⋅10g/210 litres or more than 0⋅10g/210 litres but less than 0⋅15g/210 litres— but not being a person— (c) under the age of 21 years; or (d) who, by reason of section 27(1AAA) of the MA, is taken to be in charge of the vessel". ═══════════════ r. 7 -- 4 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 152/2004 Marine (Alcohol Measurement) Regulations 2004 4 ENDNOTES 1 Reg. 4: S.R. No. 145/1999. Reprint No. 1 as at 7 February 2002. Reprinted to S.R. No. 8/2002. Further amended by S.R. Nos 143/2003 and 88/2004. Endnotes -- 5 of 5 --