Document ID: chunk:federal_register_of_legislation:C2004A04086:section:1952:p8
Version: federal_register_of_legislation:C2004A04086
Segment Type: section
Provision Reference: s 1952 (pt 8/12)
Character Range: 18656–21422

of a person has been such, as is specified

     in the regulations, the Marine Council must determine that the person is unsuitable for engagement as a seaman.".

(2) Regulations made before the commencement of this section for the purposes of subsection 47 (3) of the Principal Act are taken to have been made for the purposes of that subsection as amended by this Act.

Insertion of new section

33. After section 386 of the Principal Act the following section is inserted:

Abuse of alcohol and other drugs

"386a. (1) If a master or seaman is, while on board a ship, under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person's capacity to carry out the person's duties as master or seaman is impaired, the person is guilty of an offence.

Penalty: Imprisonment for 12 months.

  "(2) If:

     (a) a master or seaman is, while on board a ship, under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person's capacity to carry out the person's duties as master or seaman is impaired; and

  (b) the impairment causes or contributes to:

         (i) the loss or destruction of, or damage to, the ship, its cargo or equipment; or

         (ii) the loss or destruction of, or damage to, another ship, its cargo or equipment; or

      (iii) death or injury to another person;

the person is guilty of an offence.

Penalty: Imprisonment for 2 years.".

PART 9—AMENDMENT OF THE PROTECTION OF THE SEA
(PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

Principal Act

34. In this Part, "Principal Act" means the Protection of the Sea (Prevention of Pollution from Ships) Act 19838.

Evidence of analyst

  35. Section 31 of the Principal Act is amended:

     (a) by omitting subsection (2) and substituting the following subsection:

      "(2) Subject to subsection (4), a certificate signed by an

     analyst appointed under subsection (1) setting out, in relation to a substance, one or more of the following:

       (a) when and from whom the substance was received;

         (b) what labels or other means of identifying the substance accompanied it when it was received;

       (c) what container the substance was in when it was received;

       (d) a description of the substance received;

       (e) that he or she has analysed or examined the substance;

         (f) the date on which the analysis or examination was carried out;

         (g) the method used in conducting the analysis or examination;

       (h) the results of the analysis or examination;

     is admissible in any proceeding for an offence against a provision of this Act as prima facie evidence of the matters in the certificate and the correctness of the results