{"id":"harbors-and-navigation-alcohol-and-drug-testing-regulations-2023","name":"Harbors and Navigation (Alcohol and Drug Testing) Regulations 2023","slug":"harbors-and-navigation-alcohol-and-drug-testing-regulations-2023","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235612,"registerId":"sa-harbors-and-navigation-alcohol-and-drug-testing-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Harbors and Navigation (Alcohol and Drug Testing) Regulations 2023","content":"South Australia\nHarbors and Navigation (Alcohol and Drug Testing) Regulations 2023\nunder the Harbors and Navigation Act 1993\n\nContents\n1\tShort title\n3\tInterpretation\n4\tPrescribed class of offences\n5\tConduct of breath analysis\n6\tOral advice on refusal or failure to comply with alcotest or breath analysis direction\n7\tOral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction\n8\tOral advice and written notice on recording of positive breath analysis reading\n9\tProcedures for voluntary blood test\n10\tRequest for approved blood test kit\n11\tPrescribed period for keeping blood samples and oral fluid samples\n12\tInformation to be included on analyst's certificate\nSchedule 1—Prescribed oral advice and written notice\n1\tOral advice on refusal or failure to comply with alcotest or breath analysis direction—section 71(9)(b) of Act\n2\tOral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction—section 72(11)(b) of Act\n3\tOral advice on recording of positive breath analysis reading—section 73(6)(a) of Act\n4\tWritten notice on recording of positive breath analysis reading—section 73(6)(a) of Act\nSchedule 2—Certificate\nSchedule 3—Form of request\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Harbors and Navigation (Alcohol and Drug Testing) Regulations 2023.\n3—Interpretation\nIn these regulations—\nAct means the Harbors and Navigation Act 1993;\napproved courier means a person approved by the Commissioner of Police under the Road Traffic Act 1961 as a courier for the purposes of Schedule 1 of that Act.\n4—Prescribed class of offences\nFor the purposes of paragraph (a) of the definition of prescribed circumstances in section 4(1) of the Act, each of the following is an offence of a prescribed class:\n\t(a)\tan offence against section 69, 69A, 70 or 85 of the Act;\n\t(b)\tan offence against regulation 10(1), 115, 116, 119, 121, 124, 125, 126 or 143 of the Harbors and Navigation Regulations 2023;\n\t(c)\tan offence against—\n\t(i)\tsection 84 of the Act; or\n\t(ii)\tregulation 113(2) or 114(2) of the Harbors and Navigation Regulations 2023,\ncommitted by a master or an operator of a vessel.\n5—Conduct of breath analysis\n\t(1)\tPursuant to section 71(7) of the Act, if a person submits to a breath analysis, the breath analysis must be conducted in the following manner:\n\t(a)\tthe person must provide 2 separate samples of breath for analysis;\n\t(b)\teach sample must be provided in accordance with the directions of the operator of the breath analysing instrument and must consist of not less than 1 litre of breath;\n\t(c)\tthere must be an interval of not less than 2 minutes and not more than 10 minutes between the provision of the samples.\n\t(2)\tDespite subregulation (1)—\n\t(a)\tif, on analysing a sample of breath, the breath analysing instrument indicates an error in the analysis of the sample—\n\t(i)\tthat sample, or, if that sample was the second sample provided, both samples, must be disregarded; and\n\t(ii)\tthe person may be required to provide 2 further samples of breath for analysis using a different instrument (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or\n\t(b)\tif, on analysing a sample of breath, the breath analysing instrument indicates the presence of alcohol in the mouth of the person—\n\t(i)\tthat sample, or, if that sample was the second sample provided, both samples, must be disregarded; and\n\t(ii)\tthe person may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or\n\t(c)\tif, on analysing 2 samples of breath, the breath analysing instrument indicates that the reading obtained on analysis of the second sample was more than 15% higher or lower than the reading obtained on analysis of the first sample—\n\t(i)\tthose samples must be disregarded; and\n\t(ii)\tthe person may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or\n\t(d)\tif, for any reason, a second sample of breath is not provided within 10 minutes of the provision of the first sample—\n\t(i)\tthe first sample is to be disregarded; and\n\t(ii)\tthe person may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)).\n\t(3)\tIf a person submits to a breath analysis, the result of the breath analysis will, for the purposes of Part 10 Division 4 of the Act and for the purposes of any other Act, be taken to be the reading produced by the breath analysing instrument, on analysis of the samples of breath provided by the person in accordance with this regulation, that indicates the lower concentration of alcohol in the person's breath (not taking into account any samples that, in accordance with this regulation, are to be disregarded).\n6—Oral advice on refusal or failure to comply with alcotest or breath analysis direction\nFor the purposes of section 71(9)(b) of the Act, the prescribed oral advice is set out in Schedule 1 clause 1.\n7—Oral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction\nFor the purposes of section 72(11)(b) of the Act, the prescribed oral advice is set out in Schedule 1 clause 2.\n8—Oral advice and written notice on recording of positive breath analysis reading\n\t(1)\tFor the purposes of section 73(6)(a) of the Act, the prescribed oral advice is set out in Schedule 1 clause 3.\n\t(2)\tFor the purposes of section 73(6)(a) of the Act, the prescribed written notice is set out in Schedule 1 clause 4.\n9—Procedures for voluntary blood test\nFor the purposes of section 73(2)(a) of the Act, a sample of a person's blood must be taken and dealt with as follows:\n\t(a)\tthe person must cause the sample to be taken by a medical practitioner or registered nurse of the person's choice and must deliver the blood test kit supplied to the person under section 73(6)(b) of the Act to the medical practitioner or registered nurse for use for that purpose;\n\t(b)\tthe medical practitioner or registered nurse by whom the sample of the person's blood is taken must place the sample, in approximately equal proportions, in 2 containers (being the containers provided as part of the blood test kit);\n\t(c)\teach container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of alcohol present in the blood and the sample of blood taken by the medical practitioner or registered nurse must be such as to furnish 2 such quantities of blood;\n\t(d)\tthe medical practitioner or registered nurse must seal each container by application of the adhesive seal (bearing an identifying number) provided as part of the blood test kit;\n\t(e)\tit is the duty of the medical practitioner or registered nurse to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of alcohol present in the blood of the person from whom the sample was taken;\n\t(f)\tthe medical practitioner or registered nurse must then complete a certificate that includes the information set out in Schedule 2;\n\t(g)\tthe certificate must be signed by the medical practitioner or registered nurse certifying as to the matters set out in the form;\n\t(h)\tthe certificate must also bear the signature of the person from whom the blood sample was taken, attested to by the signature of the medical practitioner or registered nurse;\n\t(i)\tthe original of the signed certificate must then be delivered to the person from whom the blood sample was taken together with 1 of the sealed containers containing part of the blood sample;\n\t(j)\ta copy of the signed certificate must be delivered by the medical practitioner or registered nurse together with the other sealed container containing part of the blood sample to a police officer or an approved courier;\n\t(k)\ta police officer to whom a copy of the signed certificate and the other sealed container is delivered under paragraph (j) must deliver the copy and container to Forensic Science SA or to an approved courier;\n\t(l)\tan approved courier to whom a copy of the signed certificate and the other sealed container is delivered under this regulation must deliver the copy and container to Forensic Science SA;\n\t(m)\tthe blood sample container and copy of the certificate referred to in paragraph (j) must not be delivered into the possession of the person from whom the sample was taken;\n\t(n)\ton receipt of the blood sample container and certificate at Forensic Science SA, the blood in the container must be analysed as soon as reasonably practicable by or under the supervision of an analyst to determine the concentration of alcohol present in the blood expressed in grams in 100ml of blood;\n\t(o)\tthe analyst must then complete and sign a certificate certifying as to the following matters:\n\t(i)\tthe date of receipt at Forensic Science SA of the blood sample container and the certificate accompanying the blood sample container;\n\t(ii)\tthe identifying number appearing on the adhesive seal used to seal the blood sample container;\n\t(iii)\tthe name and professional qualifications of the analyst;\n\t(iv)\tthe concentration of alcohol found to be present in the blood expressed in grams in 100ml of blood;\n\t(v)\tany factors relating to the blood sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;\n\t(vi)\tany other information relating to the blood sample or analysis or both that the analyst thinks fit to include;\n\t(p)\tthe analyst's certificate must be sent by post to the person from whom the blood sample was taken at the address shown as the person's address on the certificate accompanying the blood sample container;\n\t(q)\ta copy of the analyst's certificate must be sent to or retained on behalf of the Minister;\n\t(r)\ta copy of the analyst's certificate must also be sent to the Commissioner of Police;\n\t(s)\tthe person from whom the blood sample was taken may cause the sample of blood as contained in the blood sample container delivered to that person to be analysed to determine the concentration of alcohol present in the blood.\n10—Request for approved blood test kit\n\t(1)\tFor the purposes of section 73(6)(b) of the Act, a request for an approved blood test kit must be made in accordance with the following:\n\t(a)\tthe request must be made either orally or in writing to the person operating the breath analysing instrument (the operator);\n\t(b)\ton such a request having been made by the person, the operator or any other authorised person present at the scene must complete a written request form in the form set out in Schedule 3 by inserting the particulars required by the form;\n\t(c)\tthe person making the request must then sign the request form in the presence of the operator or other authorised person and the person's signature must be attested to by the signature of the operator or other authorised person;\n\t(d)\tthe original of the signed request form may be retained by the person making the request;\n\t(e)\ta copy of the signed request form must be delivered to the operator or other authorised person.\n\t(2)\tThe copy of the request form delivered to the operator or other authorised person must be delivered to the Minister or retained on the Minister's behalf for 12 months from the day on which the request form was signed by the person making the request.\n11—Prescribed period for keeping blood samples and oral fluid samples\nFor the purposes of clauses 2(e)(ii) and 7(e)(ii) of Schedule 1A of the Act, the period prescribed for which a container containing a sample of a person's blood or oral fluid (as the case may be) must be kept available for collection by or on behalf of that person is 12 months from the day on which the sample was taken from the person.\n12—Information to be included on analyst's certificate\nFor the purposes of clause 7(f)(iv) of Schedule 1A of the Act, the required information in relation to any prescribed drug found to be present in the sample is information identifying the drug or drugs.\nSchedule 1—Prescribed oral advice and written notice\n[regulation 6 to regulation 8]\n1—Oral advice on refusal or failure to comply with alcotest or breath analysis direction—section 71(9)(b) of Act\nIt is a criminal offence to refuse or fail to provide a breath sample without good cause and you could be fined as a consequence.\nIt is a defence if you have some physical or medical condition that prevents you from providing a breath sample, but only if you ask for a sample of your blood to be taken instead or can show that your condition also prevents the taking of blood.\nIf you want a blood sample taken because of your condition, you should ask for that and the authorised person will help you to have the sample taken at Government expense.\n2—Oral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction—section 72(11)(b) of Act\nIt is a criminal offence to refuse or fail to provide a sample of oral fluid or blood without good cause and you could be fined as a consequence.\nIt is a defence if you have some physical or medical condition that prevents you from providing a sample of oral fluid or blood [whichever is applicable], but only if you ask for a sample of your blood or oral fluid [whichever is applicable] to be taken instead.\nIf you want a sample of blood or oral fluid [whichever is applicable] taken because of your condition, you should ask for that and the authorised person will help you to have the sample taken at Government expense.\n3—Oral advice on recording of positive breath analysis reading—section 73(6)(a) of Act\nThe breathalyser reading just taken shows that you had a prohibited level of alcohol in your blood.\nTherefore, it appears that you have committed an offence against section 70(2) of the Harbors and Navigation Act 1993.\nIn any court proceedings for that offence, or for an offence against section 70(1) of the Harbors and Navigation Act 1993, it will be presumed that the breathalyser accurately indicated your blood alcohol level at the time of the reading and for the preceding 3 hours. However, the Harbors and Navigation Act 1993 allows for contrary evidence based on the results of a blood test.\nIf you want to have such a blood test you will have to make your own arrangements and follow certain procedures, using a special blood test kit. This blood test kit will be supplied to you on your signing a written request.\nIf you obtain a blood test kit and want to have your blood tested, you should take the kit promptly to a hospital, medical practitioner or registered nurse in order to have a sample of your blood taken.\nYou must not consume any more alcohol before having a sample of your blood taken and must not open the blood test kit before delivering it to a medical practitioner or registered nurse.\nUnder the blood test procedure, the sample of blood is divided and sealed in 2 containers. You will have to sign a form that will be given to you by the medical practitioner or registered nurse.\n1 of the sealed containers will be given to you and you may make your own arrangements to have the blood in that container analysed.\nIn any event, the blood in the other container will be analysed by Forensic Science SA and you will be given written notice of the results of the analysis.\nFurther information as to these matters is contained in the written notice which will be delivered to you shortly.\n4—Written notice on recording of positive breath analysis reading—section 73(6)(a) of Act\nOperation of Harbors and Navigation Act 1993 in relation to results of breath analysis\n1—Offence\nA person commits an offence against section 70(2) of the Harbors and Navigation Act 1993 if the person—\n\t(a)\toperates a vessel; or\n\t(b)\tis a member of the crew of a vessel who is (or ought to be) engaged in duties affecting the safe navigation, operation or use of the vessel,\nwhile there is present in his or her blood the prescribed concentration of alcohol (as defined in section 4 of the Act).\n2—Breath analysis\nYour breath has just been analysed by means of a breath analysing instrument which indicated that the prescribed concentration of alcohol was present in your blood.\nAccordingly, it appears that you have committed the offence described above.\n3—Legal effect of breath analysis result\nIn proceedings for the offence described above or an offence against section 70(1) of the Harbors and Navigation Act 1993, the result of the breath analysis will be presumed to accurately record the concentration of alcohol in your blood at the time of the analysis and throughout the preceding 3 hours (section 73(1), (3)).\nIn any proceedings against you for such an offence, you will be able to challenge the accuracy of the breath analysis reading—\n\t(a)\tif you have a sample of your blood taken and analysed as described below; AND\n\t(b)\tif the result of analysis of the blood sample shows that the breath analysing instrument gave an exaggerated reading of the concentration of alcohol present in your blood (section 73(2)).\nProcedures for optional blood test\n1\tYou may have a sample of your blood taken and analysed if you wish.\n2\tFor that purpose, you must request the breath analysis operator to supply you with an approved blood test kit (you must sign a written request form for the kit and should retain a copy of the signed request form).\n3\tYou should then proceed promptly to a hospital, medical practitioner or registered nurse of your choice and request that a sample of your blood be taken (using the blood test kit).\n4\tDo not consume any further alcohol before the sample is taken.\n5\tDo not open the blood test kit.\n6\tThe medical practitioner or registered nurse taking the sample of your blood will divide it and place it into 2 containers and seal the containers. 1 container will be delivered to you—do not break the seal on this container.\n7\tSign the form presented to you by the medical practitioner or registered nurse—the original of the form will be given to you which you should retain.\n8\tYou may, if you wish, have the blood sample (in the container delivered to you) analysed at a laboratory to determine the concentration of alcohol present in the blood.\n9\tThe other blood sample container will, in any event, be sent to Forensic Science SA where the blood will be analysed. The results of this analysis will be sent to you at your address (as indicated on the form presented to you by the medical practitioner or registered nurse who took the blood sample).\nSchedule 2—Certificate\nCertificate\n(Section 73 of Act and regulation 9)\nPart A—Blood test for alcohol (Certificate of medical practitioner or registered nurse)\nThe certificate signed by the medical practitioner or registered nurse that accompanies a sample of blood pursuant to section 73 of the Act must include the following information:\n\t(a)\tthe name of the medical practitioner or registered nurse who took the sample;\n\t(b)\tthe place at which the sample was taken (the name of the hospital/surgery/medical institution);\n\t(c)\tthe time at which the sample was taken;\n\t(d)\tthe date on which the sample was taken;\n\t(e)\tthe name and address of the patient from whom the sample was taken;\n\t(f)\tthe identifying number for the sample;\n\t(g)\tthe signature of the medical practitioner or registered nurse who took the sample.\nThe following statement must be included on the certificate immediately above the signature block of the medical practitioner or registered nurse:\nI placed the sample of blood, in approximately equal portions, in 2 containers (being the containers provided as part of the blood test kit that was delivered to me by the patient) and secured the caps. I then sealed each container by application of adhesive seal (bearing the identifying number specified below) provided as part of the blood test kit. I delivered 1 of the sealed containers containing part of the blood sample by giving the container to the patient. I witnessed the patient's signature.\nPart B—Patient's container \nPatient's container\nOn receipt of the sealed container of blood (being 1 of the 2 containers provided as part of the blood test kit that was delivered to a medical practitioner or registered nurse who takes the patient's blood sample) the patient must mark their signature to acknowledge receipt of the sealed container containing part of the blood sample.\nPart C—Police container \nPolice container\nThe medical practitioner or registered nurse who took a sample of blood pursuant to section 73 of the Act must—\n\t(a)\tindicate that they delivered 1 of the sealed containers containing part of the blood sample to a police officer or an approved courier by—\n\t(a)\tplacing the container in a secured blood box (include blood box number); or\n\t(b)\tgiving the container to a police officer or an approved courier; and\n\t(b)\tmark their signature to acknowledge that they have provided the sealed container containing part of the blood sample to a police officer or an approved courier.\nNote—\nThis form may be combined with a form required for the purposes of section 47K of the Road Traffic Act 1961 and section 20(2) of the Rail Safety National Law (South Australia) Act 2012.\nSchedule 3—Form of request\n[Section 73(6)(b) and regulation 10]\n\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Harbors and Navigation (Alcohol and Drug Testing) Regulations 2023 revoked the following:\nHarbors and Navigation (Alcohol and Drug Testing) Regulations 2009\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2023\n85\nGazette 10.8.2023 p2956 \n1.9.2023: r 2\n2024\n72\nGazette 18.7.2024 p2198\n18.7.2024: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n18.7.2024\nr 4\namended by 72/2024 r 3\n18.7.2024\nSch 4\nomitted under Legislation Revision and Publication Act 2002\n18.7.2024\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text was not available. The title suggests a focused, single-purpose instrument dealing with alcohol and drug testing in a maritime context, which would typically indicate scope consistent with its stated purpose. No divergence from original intent can be confirmed or denied."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title and general knowledge of similar regulations, not the document itself","Complexity cannot be properly assessed without the substantive content of the regulations","Regulations of this type typically involve defined blood/breath alcohol concentration limits, testing procedures, and enforcement powers, which can have moderate technical complexity, but this is speculative without the text"],"plain_english_summary":"Likely prescribing rules for alcohol and drug testing of people operating vessels in South Australian waters, this regulation would govern when and how testing can be carried out and the consequences of positive or refused tests. It affects recreational and commercial boat operators, crew, harbour authorities and enforcement officers — important for safety, compliance and liability on SA waterways."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The 2023 regulations revoke the prior 2009 regulations (Legislative history). Subsequent variations in 2024 amended r 4 and omitted r 2 and Sch 4, indicating the instrument’s scope and prescribed offences/provisions differ from the earlier instrument. The changes update procedural details, prescribed offences and some forms/clauses (see Legislative history and regs 4, 10, 11)."},"complexity_factors":["Cross-references to multiple provisions of the Harbors and Navigation Act 1993 (evidentiary presumptions and challenge routes).","Technical sample procedures (two breath samples, volumes, timing, error and mouth‑alcohol rules) creating operational constraints (reg 5).","Chain-of-custody and sealing, dual containers and certificate requirements for voluntary blood tests (reg 9; Sch 2).","Prescribed forms, signed request process and record retention obligations for operators and the Minister (reg 10).","Specified retention period for samples (12 months) affecting storage and access (reg 11).","Evidentiary mechanics: breath reading treated as instrument output and lower of two samples used, with blood test as the challenge mechanism (reg 5; Sch 1 cl 3).","Interaction with other legislation and agencies (Road Traffic Act approved couriers; Forensic Science SA; police duties).","Compliance burdens for medical practitioners and authorised persons (sealing, certificates, attestations) and logistical demands on Forensic Science SA.","Limited administrative discretion but detailed procedural prescription increases implementation sensitivity to small deviations.","Legislative history and later variations require attention to amended clauses (affects scope and application)."],"plain_english_summary":"These regulations set the detailed rules for alcohol and drug testing of vessel masters, operators and crew under the Harbors and Navigation Act 1993: how breath, oral fluid and blood tests are taken, when samples must be discarded, what notices must be given, and what paperwork and certificates are required. They allocate duties to authorised persons, police, medical practitioners and Forensic Science SA, require an approved blood‑test kit be supplied on request and prescribe a 12‑month retention period for samples (regs 5, 9, 10, 11; Schedule 1 cl 3)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of operationalising alcohol and drug testing procedures under the Harbors and Navigation Act 1993. The 2024 amendment (omitting regulation 2 and Schedule 4) appears to be a technical consolidation under the Legislation Revision and Publication Act 2002 rather than a substantive expansion. The regulations do not appear to have grown beyond implementing the testing framework established by the parent Act."},"complexity_factors":["Extensive cross-referencing to the parent Act (Harbors and Navigation Act 1993) — sections 69, 69A, 70, 71, 72, 73, 85 and Schedule 1A are all referenced","Nested conditional logic in regulation 5 with multiple exception scenarios (instrument error, mouth alcohol, 15% variance between samples, timing failures) each triggering specific remedial procedures","Multi-step procedural chains for blood testing (regulation 9) with 19 distinct sub-paragraphs covering collection, sealing, certification, delivery, analysis, and notification","Three schedules containing prescribed forms and verbatim scripts that must be recited exactly","Integration with external legislative schemes — references to Road Traffic Act 1961 (approved couriers) and note indicating forms may be combined with Rail Safety National Law requirements","Defined terms rely on external approvals ('approved courier' defined by reference to Police Commissioner approval under different legislation)"],"plain_english_summary":"This legislation sets out the practical rules for alcohol and drug testing of people who operate boats and other vessels in South Australian waters. It works alongside the main Harbors and Navigation Act 1993.\n\n**What it does:**\n- **Prescribes which offences** trigger testing powers (like operating a vessel unsafely or while impaired)\n- **Sets out exactly how breath tests must be done** — requiring two breath samples at least 2 minutes apart, with specific rules for what happens if the machine errors or readings don't match\n- **Provides the exact words** that authorised officers must say to people who refuse testing or record a positive alcohol reading\n- **Creates a voluntary blood test scheme** — allowing someone who fails a breath test to get their own blood sample taken by a doctor or nurse to potentially challenge the breathalyser result in court\n- **Sets strict chain-of-custody rules** for blood samples, including sealing, certificates, and delivery to Forensic Science SA\n- **Requires samples to be kept for 12 months** so the person tested can access them\n\n**Who it affects:**\n- Anyone operating a vessel in SA waters (commercial and recreational boat operators)\n- Crew members with safety-critical duties\n- Police and authorised officers conducting testing\n- Medical practitioners and nurses who take blood samples\n- Forensic Science SA analysts\n\n**Why it matters:**\nBoating while impaired is dangerous. These rules ensure testing is done fairly and consistently, protect people's rights to challenge results through independent blood tests, and create clear evidence trails for court proceedings. The detailed procedures prevent tampering and ensure scientific reliability."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/harbors-and-navigation-alcohol-and-drug-testing-regulations-2023","history":"/api/acts/harbors-and-navigation-alcohol-and-drug-testing-regulations-2023/history","analysis":"/api/acts/harbors-and-navigation-alcohol-and-drug-testing-regulations-2023/analysis","conflicts":"/api/acts/harbors-and-navigation-alcohol-and-drug-testing-regulations-2023/conflicts","importantCases":"/api/acts/harbors-and-navigation-alcohol-and-drug-testing-regulations-2023/important-cases","documents":"/api/acts/harbors-and-navigation-alcohol-and-drug-testing-regulations-2023/documents"}}