Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p25
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 63257–65826

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 a master or seaman to undertake the duties of his or her position is impaired because of alcohol or other drugs; or

    (b) that the blood alcohol content of the blood of a master or seaman exceeds the specified limit;

the authorised person may, by notice in writing given to the master or seaman, require the master or seaman to do all or any of the following:

(c) to undergo a physical examination by a medical practitioner:

   (d) to provide a breath sample to, or to permit the taking of such a sample by an approved operator of a breath analysis instrument;

   (e) to provide a sample of urine to, or to permit the taking of a sample of blood or urine by, a medical practitioner.

SCHEDULE 1—continued

  "(2) A notice under subsection (1) must set out:

(a) the time at which the requirement was made; and

(b) the name of the person who made the requirement; and

    (c) the place at which, and time within which, the master or seaman to whom the notice is given must present himself or herself for the purpose of undergoing the examination, or for providing or permitting the taking of the sample, to which the notice relates.

Refusal to provide sample of breath for analysis

"386D. A person who-has, in accordance with the requirement of this Act, been required to provide a sample of breath for analysis is guilty of an offence if:

  (a) he or she refuses to provide a sample of breath for analysis; or

    (b) he or she refuses to provide a sample of breath in accordance with the reasonable directions of the operator of a breath analysis machine.

Penalty: Imprisonment for 6 months.

Refusal to submit to medical examination

"386E.(1) A person who is required under this Act to undertake a medical examination is guilty of an offence if:

  (a) he or she fails or refuses to submit to the medical examination; or

    (b) he or she fails or refuses, when required under this Act to do so, to give a urine sample to the medical practitioner conducting the examination for analysis by an approved laboratory or to permit a blood or urine sample to be taken by the practitioner for that purpose.

Penalty: Imprisonment for 6 months.

"(2) A person who is required under this Act to give a urine sample to a medical practitioner for analysis, or to permit a medical practitioner to take a blood or