Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p26
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 65595–68193

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 urine sample for that purpose, is guilty of an offence if he or she refuses or fails so to give the sample, or to permit it to be taken.

Penalty: Imprisonment for 6 months.

"(3) It is a defence to a prosecution for an offence against subsection (1) or (2) if the person establishes that the failure or refusal was based on religious or other conscientious grounds or on medical grounds.

Consumption of alcohol before undergoing examination etc.

"386F.(1) If an authorised person requires a master or seaman to undergo a medical examination or to give or permit the taking of, a sample of breath, blood or urine for analysis, the person must not, before undergoing

SCHEDULE 1—continued

that examination or giving or permitting the taking of that sample of breath, blood or urine, consume any alcohol or take any other drug (whether medicinal or otherwise).

Penalty: Imprisonment for 6 months.

"(2) It is a defence to a prosecution for an offence against subsection (1) if the person establishes that the taking of the drug:

  (a) was based on a reasonably held belief that failure to take the drug could endanger life or health; or

  (b) was required by a prescription issued by a medical practitioner.

Medical drugs

"386G.(1) A person who has taken, or who proposes to take, a drug for medical purposes must not come on duty or remain on duty after taking that drug unless:

   (a) the person has taken reasonable steps to satisfy himself or herself that the drug will not affect, or has ceased to affect, the person's capacity to perform the duties of his or her position; or

   (b) the person has given a declaration to an approved person setting out:

   (i) the circumstances in which the drug was taken, or will be taken; and

   (ii) the nature and quantity of the drug involved; and

   (iii) the time or times at which the drug was taken or will be taken.

Penalty: Imprisonment for 6 months.

  "(2) If the person referred to in subsection (1):

    (a) is a seaman other than a master—the person must give the declaration under subsection (1) in writing to the master of the vessel on which the person is performing his or her duties; and

    (b) is a master—the person may give the declaration either in writing or by radio message or by facsimile or telephone to his or her employers.

"(3) A declaration made under subsection (1) must not