Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p24
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 60448–63506

"Divisions 2 and 6, and sections 321, 322, 323 and 324", substitute "Division 2".

  (b) Omit "services rendered", substitute "operations conducted".

  (c) Omit "in saving" (wherever occurring), substitute "to save".

  (d) Omit "assisting", substitute "to assist".

51. Section 329B:

  Add:

"(3) In this section:

'article in the course of post' means an article that is being carried by or through the Australian Postal Corporation, and includes an article that has been collected or received by the Australian Postal Corporation for carriage by post, but has not been delivered by the Australian Postal Corporation.".

52. Subsection 329C(1):

  (a) Omit "Where salvage services are rendered", substitute "If salvage operations are conducted".

  (b) Omit "salvage", substitute "payment".

  (c) Omit "services" (second occurring), substitute "operations".

53. Subsection 329C(2):

  (a) Omit "services" (wherever occurring), substitute "operations".

  (b) Omit "rendered", substitute "conducted".

54. Subsection 329C(3):

  (a) Omit "services rendered" (wherever occurring), substitute "operations conducted".

  (b) Omit "services so rendered", substitute "operations so conducted".

  (c) Omit "services may", substitute "operations may".

55. Before section 386:

  Insert in Division 2 of Part X:

Definitions

"385. In this Division, unless the contrary intention appears:

'approved laboratory' means a laboratory approved by the Authority under paragraph 386J(3)(d) to conduct tests to determine a person's blood alcohol content under subsection 386B(3);

'approved operator' means an operator approved by the Authority under paragraph 386J(1)(b) to take breath samples under paragraph 386B(3)(a) or 386C(1)(d);

SCHEDULE 1—continued

'approved person' means a person approved by the Authority under paragraph 386J(1)(c) to receive declarations under paragraph 386G(1)(b); 'authorised person' means a person or body authorised by the Authority for the purposes of sections 386C and 386F;".

56. After section 386A:

  Insert:

Unacceptable blood alcohol content

"386B.(1) If a master or seaman has, while on board a ship, a blood alcohol content that equals or exceeds the specified limit, that person is guilty of an offence against this section.

Penalty: Imprisonment for 6 months.

"(2) The specified limit of blood alcohol content is:

    (a) in the case of a master or of a seaman while on duty—.04 grams of alcohol per 100 millilitres of blood; or

    (b) in the case of a master or seaman, on board the ship but not on duly—.08 grams of alcohol per 100 millilitres of blood.

"(3) The blood alcohol content of a person's blood may be determined:

   (a) by a test of the person's breath by an approved operator using a breath analysis device in a manner prescribed; or

   (b) by an examination of the person's blood or urine by an approved laboratory.

Master or seaman may be required to undergo examination or to provide samples

"386C.(1) If an authorised person has reasonable cause to believe:

    (a) that the capacity of