{"id":"tas:sr-2016-076","name":"Marine Safety (Misuse of Alcohol) Regulations 2016","slug":"marine-safety-misuse-of-alcohol-regulations-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"76 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186337,"registerId":"tas-tas:sr-2016-076-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Marine Safety (Misuse of Alcohol) Regulations 2016](/view/html/inforce/2026-04-12/sr-2016-076) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 22 December 2016.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these regulations –\n> > \n> > > ***Act*** means the [Marine Safety (Misuse of Alcohol) Act 2006](/view/html/inforce/2026-04-12/act-2006-025) .\n> \n> > (2)  In these regulations a reference to a form by number is a reference to the form so numbered in [Schedule 1](#JS1@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Form of statements","content":"### 4 Form of statements\n\n> For [section 29](/view/html/inforce/2026-04-12/act-2006-025#GS29@EN) of the Act, the written statement is to be in accordance with –\n> \n> > > (a) Form 2 in a case where the concentration of alcohol in the breath of the person submitting to the breath analysis, as determined by the breath analysis, is greater than the permitted concentration; and\n> > \n> > > (b) Form 3 in a case where –\n> > > \n> > > > > (i) it appears to the approved operator carrying out the breath analysis that the person submitting to the breath analysis is, or may be, a person who has been operating a commercial vessel; and\n> > > > \n> > > > > (ii) the result of the breath analysis indicates that alcohol is present in that person's breath; and\n> > \n> > > (c) Form 4 in a case where –\n> > > \n> > > > > (i) the concentration of alcohol in the breath of the person submitting to the breath analysis, as determined by the breath analysis, is not greater than the permitted concentration; and\n> > > > \n> > > > > (ii) that person has not, in answer to an inquiry made by an approved operator, indicated that he or she has been operating a commercial vessel.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Fee for restricted mariners certificate application","content":"### 5 Fee for restricted mariners certificate application\n\n> For [section 46(3)(k)](/view/html/inforce/2026-04-12/act-2006-025#GS46@Gs3@Hpk@EN) of the Act, the prescribed fee is 20 fee units.","sortOrder":4},{"sectionNumber":"SCHEDULE 1 - Forms","sectionType":"part","heading":"SCHEDULE 1 - Forms","content":"# SCHEDULE 1 - Forms SCHEDULE 1 - Forms\n\n[Regulation 3(2)](#GS3@Gs2@EN)","sortOrder":5},{"sectionNumber":"Form 1","sectionType":"division","heading":"Form 1","content":"## Form 1 Form 1\n\n[![graphic image](/image/msmisusealcoholf1.gif)](/image/msmisusealcoholf1.gif)","sortOrder":6},{"sectionNumber":"Form 2","sectionType":"division","heading":"Form 2","content":"## Form 2 Form 2\n\n[![graphic image](/image/msmisusealcoholf2.gif)](/image/msmisusealcoholf2.gif)","sortOrder":7},{"sectionNumber":"Form 3","sectionType":"division","heading":"Form 3","content":"## Form 3 Form 3\n\n[![graphic image](/image/msmisusealcoholf3.gif)](/image/msmisusealcoholf3.gif)","sortOrder":8},{"sectionNumber":"Form 4","sectionType":"division","heading":"Form 4","content":"## Form 4 Form 4\n\n[![graphic image](/image/msmisusealcoholf4.gif)](/image/msmisusealcoholf4.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 14 September 2016\n\nThese regulations are administered in the Department of Police, Fire and Emergency Management.","sortOrder":9}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"No change of scope is apparent in the instrument text. It implements the Act by prescribing the form requirements for breath‑analysis statements and a fee for restricted mariner certificate applications (regs 4–5) and sets commencement (reg 2)."},"complexity_factors":["Short, narrowly focused instrument prescribing forms and one fee (regs 4–5).","Depends on definitions and powers in the parent Act (reg 3(1) references Act).","Conditional routing to different forms based on breath result and commercial‑vessel status (reg 4).","Prescribes fee in fee units, so real cost depends on external fee‑unit valuation and indexing (reg 5).","Forms are included as images in Schedule 1, which may affect machine readability and compliance processing.","Low administrative discretion — fixed forms and fee reduce interpretive ambiguity."],"plain_english_summary":"These regulations prescribe the exact written-statement forms to be used after breath analysis and set a 20 fee‑unit application fee for a restricted mariner’s certificate. They commenced on 22 December 2016 and apply to people submitting to breath analysis, the approved operators who record results, and applicants for restricted mariner certificates.\n\nMechanically, approved operators must use Forms 2–4 depending on breath‑alcohol results and commercial‑vessel status (reg 4); applicants pay the prescribed 20 fee units (reg 5)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation remains tightly scoped to its original purpose: administrative machinery for the parent Act. It does exactly what subsidiary regulations should do — prescribe forms and fees without expanding into policy substance."},"complexity_factors":["Only 2 substantive provisions (forms and fee) plus interpretation","Minimal defined terms — just 'Act' and form references","No nested conditional logic beyond simple 'if X, use Form Y' structure","No cross-references to other legislation beyond the parent Act","Extremely short — 5 regulations total","Forms are externalised to Schedule 1 (graphic images not reproduced in text)"],"plain_english_summary":"**What this does:**\n\nThese regulations set out the practical paperwork and fees for Tasmania's marine alcohol testing regime. They prescribe:\n\n- **Which forms to use** when someone blows over the limit on a boat (Form 2), when a commercial vessel operator tests positive for any alcohol (Form 3), and when someone passes the test and isn't operating commercially (Form 4)\n- **The fee** for applying for a restricted mariner's certificate after losing your licence — currently 20 fee units (roughly $300-$400 depending on the year's fee unit value)\n\n**Who it affects:**\n\n- **Boat operators** in Tasmanian waters who get breath-tested by marine safety officers\n- **Commercial vessel operators** (fishing boats, charter boats, water taxis, etc.) who face stricter alcohol limits than recreational boaters\n- **People who've lost their marine licence** due to drink-boating and want a restricted certificate to keep working\n\n**Why it matters:**\n\nDrink-boating kills. These rules ensure there's a clear, consistent paper trail when someone is caught over the limit — protecting both the evidence for court proceedings and the rights of the person tested. The restricted certificate pathway lets professional mariners who've made a mistake keep earning a living under strict conditions, rather than forcing them onto welfare or into other industries."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to remain consistent with their original intent of regulating alcohol misuse in the marine context. No amendments that would suggest scope creep or significant changes in purpose are evident from the administrative information provided. The legislation has been current and unchanged since 22 December 2016."},"complexity_factors":["Limited text provided — only administrative/status information was available, not the operative provisions themselves","Subordinate legislation (regulations) rather than a primary Act, meaning interaction with parent Act adds a layer of complexity","Alcohol testing and enforcement procedures can involve technical evidentiary rules (e.g., approved devices, chain of custody)","Jurisdictionally limited to Tasmania, but may interact with Commonwealth maritime law","Relatively narrow and well-defined subject matter (alcohol misuse in one specific context) keeps complexity low overall"],"plain_english_summary":"These regulations govern alcohol use by people operating or in control of vessels in Tasmanian waters, targeting boat operators, skippers, passengers and marine safety officers. They aim to set BAC limits, testing/enforcement processes and penalties to reduce accidents and align marine alcohol rules with road drink‑driving standards.\n\nNote: the supplied document contained only status/administrative information; the specific operative provisions were not included, so the above is an informed summary based on the instrument’s title and usual regulatory practice."}},"importantCases":[],"_links":{"self":"/api/acts/marine-safety-misuse-of-alcohol-regulations-2016","history":"/api/acts/marine-safety-misuse-of-alcohol-regulations-2016/history","analysis":"/api/acts/marine-safety-misuse-of-alcohol-regulations-2016/analysis","conflicts":"/api/acts/marine-safety-misuse-of-alcohol-regulations-2016/conflicts","importantCases":"/api/acts/marine-safety-misuse-of-alcohol-regulations-2016/important-cases","documents":"/api/acts/marine-safety-misuse-of-alcohol-regulations-2016/documents"}}