Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p27
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 67967–70777

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 be disclosed to or by a third person except for the purposes of seeking advice concerning the capacity of the person who gave the declaration to carry out the duties of his or her position.

Penalty: Imprisonment for 12 months.

"(4) If a person has given a declaration to another person under subsection (1), that other person must not, without reasonable excuse, allow the person who gave the declaration to come on duty or to remain on duty

SCHEDULE 1—continued

if the person to whom the declaration was made knows, or ought reasonably to have known, that the capacity of the person giving the declaration to carry out the duties of his or her position would be impaired by the drug concerned.

Penalty: Imprisonment for 12 months.

Permitting or requiring performance of duties by impaired person

"386H.(1) If a person:

  (a) permits or requires another person to undertake or to continue duty; and

   (b) knows or ought reasonably to know the other person's capacity to perform those duties is impaired by the influence of alcohol or any other drug;

the first-mentioned person is guilty of an offence.

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 permission was given or the requirement made on the grounds of necessity.

Regulations

  "386J.(1) The regulations may make provision for the Authority to approve:

    (a) instruments designed and constructed to ascertain the concentration of alcohol present in a sample of a person's breath and capable of recording that concentration in grams per 100 millilitres of blood; and

    (b) operators to carry out breath analysis using a breath analysis device; and

    (c) persons to whom declarations under section 386G must be given; and

    (d) laboratories to carry out analysis of urine and blood samples obtained by medical practitioners.

"(2) The regulations may make provision for the procedure to be undertaken by an approved operator in obtaining a sample of a person's breath.".

57. Subsection 396(1):

Omit "were rendered", substitute "rendered were terminated".

58. After Schedule 8:

Add the Schedule set out in Schedule 4 to this Act.

SCHEDULE 1—continued

PART J

AMENDMENTS OF THE PROTECTION OF THE SEA LEGISLATION AMENDMENT ACT 1986

1. Subsection 2(5):

  Omit "1984", substitute "1992''.

2. Section 36 (definition of "the Convention"):

  Omit "1984", substitute " 1992".

3. Section 36 (definition of "the 1984 Protocol"):

  Omit the definition, substitute:

" 'the 1992 Protocol' means the