{"id":"tas:sr-2018-071","name":"Road Safety (Alcohol and Drugs) Regulations 2018","slug":"road-safety-alcohol-and-drugs-regulations-2018","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"71 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184701,"registerId":"tas-tas:sr-2018-071-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Road Safety (Alcohol and Drugs) Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-071) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which the [Road Safety (Alcohol and Drugs) Amendment Act 2017](/view/html/inforce/2026-04-12/act-2017-038) commences.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these regulations –\n> > \n> > > ***the Act*** means the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) ;\n> > \n> > > ***the Marine 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 of that number in [Schedule 1](#JS1@EN) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administrative","content":"# Part 2 Administrative","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Qualified persons","content":"### 4 Qualified persons\n\n> For the purposes of paragraph (b) of the definition of *qualified person* in [section 2(1)](/view/html/inforce/2026-04-12/act-1970-077#GS2@Gs1@EN) of the Act, the following qualifications are prescribed:\n> \n> > > (a) a Certificate III in Pathology Collection or an equivalent certificate;\n> > \n> > > (b) a Certificate IV in Pathology or an equivalent certificate.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Qualifications for approved analysts","content":"### 5 Qualifications for approved analysts\n\n> For the purposes of [section 3(3)](/view/html/inforce/2026-04-12/act-1970-077#GS3@Gs3@EN) of the Act –\n> \n> > > (a) the prescribed qualification for an approved analyst is –\n> > > \n> > > > > (i) a Bachelor of Science; or\n> > > > \n> > > > > (ii) a Bachelor of Pharmacy; or\n> > > > \n> > > > > (iii) a qualification, or experience, that, in the opinion of the Minister, is equivalent to [subparagraph (i)](#GS5@Hpa@Hqi@EN) or [(ii)](#GS5@Hpa@Hqii@EN) ; and\n> > \n> > > (b) the prescribed experience for an approved analyst is the equivalent of at least 2 full years of postgraduate experience in the field of chemistry, pharmacy or toxicology.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Testing and use of breath analysing instruments","content":"### 6 Testing and use of breath analysing instruments\n\n> > (1)  An approved operator is not to use a breath analysing instrument, for the purpose of carrying out a breath analysis under the Act or the Marine Act, unless a certificate referred to in [subregulation (2)](#GS6@Gs2@EN) has been issued in respect of the instrument within the 12-month period immediately before the date on which the instrument is so used.\n> \n> > (2)  An approved analyst must issue and sign a certificate, in accordance with [Form 1](#JS1@JF1@EN) , in respect of the testing of a breath analysing instrument if the approved analyst –\n> > \n> > > > (a) tested the breath analysing instrument; and\n> > > \n> > > > (b) was satisfied that, at the time of the testing, the instrument was accurate.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Duties of approved operators in relation to breath analysing instruments","content":"### 7 Duties of approved operators in relation to breath analysing instruments\n\n> If a breath analysing instrument is to be used by an approved operator to carry out a breath analysis, the operator is to ensure –\n> \n> > > (a) that the person submitting to the breath analysis gives a sample of breath into a mouthpiece supplied by the operator; and\n> > \n> > > (b) that an unused mouthpiece has been provided by the operator for use in the breath analysis; and\n> > \n> > > (c) that the operator does not carry out a breath analysis unless he or she is satisfied that the person has not consumed intoxicating liquor during the 15 minutes preceding the analysis; and\n> > \n> > > (d) that, after the completion of the breath analysis, the operator –\n> > > \n> > > > > (i) records the resultant reading of the breath analysis; and\n> > > > \n> > > > > (ii) makes enquiries to ascertain whether the person is –\n> > > > > \n> > > > > > > (A) if the breath analysis is carried out under the Act – a person mentioned in [section 6(3)](/view/html/inforce/2026-04-12/act-1970-077#GS6@Gs3@EN) of the Act; or\n> > > > > > \n> > > > > > > (B) if the breath analysis is carried out under the Marine Act – an operator of a commercial vessel within the meaning of that Act; and\n> > > > \n> > > > > (iii) completes and signs the written statement required by –\n> > > > > \n> > > > > > > (A) if the breath analysis is carried out under and for the Act – [section 11(1)](/view/html/inforce/2026-04-12/act-1970-077#GS11@Gs1@EN) of the Act; or\n> > > > > > \n> > > > > > > (B) if the breath analysis is carried out under and for the Marine Act – [section 29](/view/html/inforce/2026-04-12/act-2006-025#GS29@EN) of the Marine Act; and\n> > \n> > > (e) that the person submitting to the breath analysis is provided with a copy of the printout supplied by that instrument in respect of that breath analysis.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Blood Samples","content":"# Part 3 Blood Samples","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Taking of blood samples","content":"### 8 Taking of blood samples\n\n> For the purposes of [section 13(4)](/view/html/inforce/2026-04-12/act-1970-077#GS13@Gs4@EN) of the Act or [section 32(2)](/view/html/inforce/2026-04-12/act-2006-025#GS32@Gs2@EN) of the Marine Act, a sample of blood is to be taken in the following manner:\n> \n> > > (a) the sample is to consist of approximately 15 millilitres of blood;\n> > \n> > > (b) the instruments used for the purpose of taking the sample are to be –\n> > > \n> > > > > (i) sterilised before use in a manner that does not leave any residue of a volatile organic substance on those instruments; or\n> > > > \n> > > > > (ii) used directly from packaging that has been designed to keep those instruments in a manner that would enable the use of those instruments in a medical procedure;\n> > \n> > > (c) after placing a part of the sample in a suitable container, the container is to be agitated to ensure that –\n> > > \n> > > > > (i) the substances contained in the container are dissolved in the blood; and\n> > > > \n> > > > > (ii) those substances and the blood are thoroughly mixed.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Labelling of blood samples","content":"### 9 Labelling of blood samples\n\n> > (1)  In this regulation –\n> > \n> > > ***control sample*** means that part of a blood sample that may not be analysed or otherwise dealt with, except as a court may otherwise direct or on a request under –\n> > > \n> > > > > (a) if the blood sample is taken under and for the Act – [section 13B(1)](/view/html/inforce/2026-04-12/act-1970-077#GS13B@Gs1@EN) of the Act; and\n> > > > \n> > > > > (b) if the blood sample is taken under and for the Marine Act – [section 35(3)](/view/html/inforce/2026-04-12/act-2006-025#GS35@Gs3@EN) of the Marine Act.\n> \n> > (2)  For the purposes of [section 13(5A)](/view/html/inforce/2026-04-12/act-1970-077#GS13@Gs5A@EN) of the Act or [section 32(5)](/view/html/inforce/2026-04-12/act-2006-025#GS32@Gs5@EN) of the Marine Act, each container into which a part of the sample of blood is placed is to be labelled in the following manner:\n> > \n> > > > (a) the label on each container is to be marked with –\n> > > > \n> > > > > > (i) the name of the person from whom the sample was taken; and\n> > > > > \n> > > > > > (ii) the date and time when the sample was taken; and\n> > > > > \n> > > > > > (iii) the name of the qualified person who took the sample;\n> > > \n> > > > (b) the label on the container which holds the control sample is, in addition to the requirements of [paragraph (a)](#GS9@Gs2@Hpa@EN) , to be marked with the word “Control”.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Provisions relating to blood samples delivered to police officers","content":"### 10 Provisions relating to blood samples delivered to police officers\n\n> > (1)  In this regulation –\n> > \n> > > ***delivered to a police officer*** means –\n> > > \n> > > > > (a) if the blood sample is taken under and for the Act – delivered under [section 13(5B)](/view/html/inforce/2026-04-12/act-1970-077#GS13@Gs5B@EN) of the Act; and\n> > > > \n> > > > > (b) if the blood sample is taken under and for the Marine Act – delivered under [section 32(6)](/view/html/inforce/2026-04-12/act-2006-025#GS32@Gs6@EN) of the Marine Act;\n> > \n> > > ***police station***, in relation to the Marine Act, includes a police vessel or a shore facility used in connection with the operation of police vessels.\n> \n> > (2)  For the purposes of [section 13A(1)](/view/html/inforce/2026-04-12/act-1970-077#GS13A@Gs1@EN) of the Act or [section 34(2)](/view/html/inforce/2026-04-12/act-2006-025#GS34@Gs2@EN) of the Marine Act, a container containing part of a sample of blood that is delivered to a police officer is to be kept –\n> > \n> > > > (a) in the police officer’s possession, if the person from whom the sample is taken is not detained after being charged by the officer with an offence under the Act or the Marine Act; or\n> > > \n> > > > (b) at the police station in a place of safety, if the person from whom the sample is taken is detained after being charged with an offence under the Act or the Marine Act.\n> \n> > (3)  If a blood sample has been kept at a police station under [subregulation (2)(b)](#GS10@Gs2@Hpb@EN) , the officer in charge of that station is prescribed as the person to whom a request referred to in [section 13A(3)](/view/html/inforce/2026-04-12/act-1970-077#GS13A@Gs3@EN) of the Act, or [section 34(4)](/view/html/inforce/2026-04-12/act-2006-025#GS34@Gs4@EN) of the Marine Act, respectively, is to be made in respect of that sample.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Oral fluids","content":"# Part 4 Oral fluids","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Taking of oral fluids","content":"### 11 Taking of oral fluids\n\n> For the purposes of [section 13C(1)(a)](/view/html/inforce/2026-04-12/act-1970-077#GS13C@Gs1@Hpa@EN) of the Act, a sample of oral fluid is required to be taken from a person in the following manner:\n> \n> > > (a) an approved operator is to provide the person with a swab to collect the sample of oral fluid;\n> > \n> > > (b) the swab is to be placed in the person’s mouth and kept there until the approved operator is satisfied that a sufficient sample of oral fluid has been collected from the person;\n> > \n> > > (c) the swab is to be placed into a suitable container provided by the approved operator;\n> > \n> > > (d) the approved operator is to ensure that the swab has been mixed with, or dissolved in, any mixture in the suitable container;\n> > \n> > > (e) the approved operator is to –\n> > > \n> > > > > (i) divide the sample, mixed or dissolved, in accordance with [paragraph (d)](#Gs11@Hpd@EN) , into 2 suitable containers; and\n> > > > \n> > > > > (ii) seal those containers with a tamper proof seal; and\n> > > > \n> > > > > (iii) label those containers in accordance with [regulation 12](#GS12@EN) .","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Labelling of oral fluids","content":"### 12 Labelling of oral fluids\n\n> > (1)  An approved operator, who sealed a container in accordance with [regulation 11(e)](#GS11@Hpe@EN) into which part of a sample of oral fluid was placed under that regulation, is to label each container so sealed with –\n> > \n> > > > (a) the initials of the person from whom the sample was taken; and\n> > > \n> > > > (b) the date and time when the sample was taken; and\n> > > \n> > > > (c) the initials of the approved operator.\n> \n> > (2)  In addition to [subregulation (1)](#GS12@Gs1@EN) , an approved operator is to label one container of a sample of oral fluid, sealed in accordance with [regulation 11(e)](#GS11@Hpe@EN) , with the word “Control”.","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Police officer to receive copy of reports of analysis","content":"### 13 Police officer to receive copy of reports of analysis\n\n> For the purposes of [section 35(6)(b)(ii)](/view/html/inforce/2026-04-12/act-2006-025#GS35@Gs6@Hpb@Hqii@EN) of the Marine Act, the police officer who requested that a sample of blood be taken under that Act is the prescribed police officer.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Identification of drivers","content":"### 14 Identification of drivers\n\n> For the purposes of [section 10(8)](/view/html/inforce/2026-04-12/act-1970-077#GS10@Gs8@EN) of the Act, the prescribed means of identification of a driver is a tag, or label or other similar article, bearing the word “Driver”.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Prescribed illicit drugs","content":"### 15 Prescribed illicit drugs\n\n> For the purposes of the Act, the following drugs are prescribed as illicit drugs:\n> \n> > > (a) 3,4-methylenedioxyamphetamine (MDA);\n> > \n> > > (b) 3,4-methylenedioxyethylamphetamine (MDEA);\n> > \n> > > (c) 3,4-methylenedioxymethylamphetamine (MDMA, ecstasy);\n> > \n> > > (d) amphetamine;\n> > \n> > > (e) cocaine;\n> > \n> > > (f) *delta*\\-9-tetrahydrocannabinol (THC);\n> > \n> > > (g) diacetylmorphine (heroin);\n> > \n> > > (h) *gamma*\\-hydroxybutyric acid (GBH);\n> > \n> > > (i) ketamine;\n> > \n> > > (j) lysergic acid diethylamide (LSD);\n> > \n> > > (k) methaqualone (Quaalude);\n> > \n> > > (l) methylamphetamine (speed);\n> > \n> > > (m) morphine;\n> > \n> > > (n) *N,N*\\-diethyltryptamines (DET);\n> > \n> > > (o) *N,N*\\-dimethyltryptamines (DMT);\n> > \n> > > (p) paramethoxyamphetamines (PMA);\n> > \n> > > (q) phencyclidine (PCP);\n> > \n> > > (r) psilocybin (magic mushrooms).","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Liability for costs of medical reports and examinations","content":"### 16 Liability for costs of medical reports and examinations\n\n> For the purposes of [section 19(5)](/view/html/inforce/2026-04-12/act-1970-077#GS19@Gs5@EN) of the Act, the sum of $20 is prescribed as the sum exceeding which a person becomes liable to pay for the whole or a portion of the costs of a medical report and examination under that section.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Forms of statements","content":"### 17 Forms of statements\n\n> For the purposes of [section 11](/view/html/inforce/2026-04-12/act-1970-077#GS11@EN) of the Act, the prescribed form of written statement is –\n> \n> > > (a) [Form 2](#JS1@JF2@EN) , if the concentration of alcohol in the breath of a person submitting to a breath analysis, as determined by that analysis, is greater than the prescribed concentration; or\n> > \n> > > (b) [Form 3](#JS1@JF3@EN) , if –\n> > > \n> > > > > (i) it appears to an approved operator carrying out a breath analysis that the person submitting to the analysis is, or may be, a person mentioned in [section 6(3) or (4)](/view/html/inforce/2026-04-12/act-1970-077#GS6@Gs3@EN) of the Act; and\n> > > > \n> > > > > (ii) the breath analysis indicates that alcohol is present in that person’s body; or\n> > \n> > > (c) [Form 4](#JS1@JF4@EN) , if –\n> > > \n> > > > > (i) the concentration of alcohol in the breath of a person submitting to a breath analysis, as determined by that analysis, is not greater than the prescribed concentration; and\n> > > > \n> > > > > (ii) it appears to an approved operator carrying out a breath analysis that the person submitting to the analysis is not, or may not be, a person mentioned in [section 6(3) or (4)](/view/html/inforce/2026-04-12/act-1970-077#GS6@Gs3@EN) of the Act; or\n> > \n> > > (d) [Form 5](#JS1@JF5@EN) , if the person has provided a sample of oral fluid for oral fluid analysis.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Infringement notice offences","content":"### 18 Infringement notice offences\n\n> > (1)  For the purposes of [section 18A](/view/html/inforce/2026-04-12/act-1970-077#GS18A@EN) of the Act –\n> > \n> > > > (a) an offence in a provision specified in column 1 of the table in [Schedule 2](#JS2@EN) is prescribed as an infringement offence; and\n> > > \n> > > > (b) the penalty specified in column 2 of the table in [Schedule 2](#JS2@EN) is prescribed as the penalty for the relevant offence specified in column 1 of that table; and\n> > > \n> > > > (c) the period of disqualification specified in column 3 of the table in [Schedule 2](#JS2@EN) is prescribed for the relevant offence specified in column 1 of that table.\n> \n> > (2)  An infringement notice may not be issued in respect of an offence against [section 6(1)](/view/html/inforce/2026-04-12/act-1970-077#GS6@Gs1@EN) or [6A(1)](/view/html/inforce/2026-04-12/act-1970-077#GS6A@Gs1@EN) of the Act, if the person who is reasonably believed to have committed the offence –\n> > \n> > > > (a) has been convicted of –\n> > > > \n> > > > > > (i) the crime of manslaughter, if that conviction relates to the driving of a motor vehicle; or\n> > > > > \n> > > > > > (ii) the crime of causing death by dangerous driving; or\n> > > > > \n> > > > > > (iii) the crime of causing grievous bodily harm by dangerous driving; or\n> > > > > \n> > > > > > (iv) the crime of dangerous driving; or\n> > > > > \n> > > > > > (v) an offence against the Act; or\n> > > > > \n> > > > > > (vi) an offence against [section 32 of the](/view/html/inforce/2026-04-12/act-1925-038#GS32@EN) [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) ; or\n> > > \n> > > > (b) was driving a prescribed vehicle at the time when the offence is believed to be committed.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Legislation rescinded","content":"### 19 Legislation rescinded\n\n> The legislation specified in [Schedule 3](#JS3@EN) is rescinded.","sortOrder":23},{"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":24},{"sectionNumber":"Form 1","sectionType":"division","heading":"Form 1","content":"## Form 1 Form 1\n\n[Regulation 6(2)](#GS6@Gs2@EN)\n\n[![graphic image](/image/rsad18f1.gif)](/image/rsad18f1.gif)","sortOrder":25},{"sectionNumber":"Form 2","sectionType":"division","heading":"Form 2","content":"## Form 2 Form 2\n\n[Regulation 17(a)](#GS17@Hpa@EN)\n\n[![graphic image](/image/rsad18f2.gif)](/image/rsad18f2.gif)","sortOrder":26},{"sectionNumber":"Form 3","sectionType":"division","heading":"Form 3","content":"## Form 3 Form 3\n\n[Regulation 17(b)](#GS17@Hpb@EN)\n\n[![graphic image](/image/rsad18f3.gif)](/image/rsad18f3.gif)\n\n[![graphic image](/image/rsad183b.gif)](/image/rsad183b.gif)","sortOrder":27},{"sectionNumber":"Form 4","sectionType":"division","heading":"Form 4","content":"## Form 4 Form 4\n\n[Regulation 17(c)](#GS17@Hpc@EN)\n\n[![graphic image](/image/rsad18f4.gif)](/image/rsad18f4.gif)","sortOrder":28},{"sectionNumber":"Form 5","sectionType":"division","heading":"Form 5","content":"## Form 5 Form 5\n\n[Regulation 17(d)](#GS17@Hpd@EN)\n\n[![graphic image](/image/rsad18f5.gif)](/image/rsad18f5.gif)","sortOrder":29},{"sectionNumber":"SCHEDULE 2 - Infringement noti","sectionType":"part","heading":"SCHEDULE 2 - Infringement notice offences","content":"# SCHEDULE 2 - Infringement noti SCHEDULE 2 - Infringement notice offences\n\n[Regulation 18](#GS18@EN)\n\n|  | Column 1Section of Act | Column 2Penalty units | Column 3Disqualification period |\n| 1. | Section 5A(5) | 2 | - |\n| 2. | Section 6(1)  – |  |  |\n|  | (a) if the concentration of alcohol is less than 0.1 of a gram in 210 litres of breath or 100 millilitres of blood; or | 2 | 3 months |\n|  | (b) if the concentration of alcohol is 0.1 or more of a gram, but less than 0.15 of a gram, in 210 litres of breath or 100 millilitres of blood | 4 | 6 months |\n| 3. | Section 6A(1) | 2 | 3 months |\n| 4. | Section 7(1) | 2 | - |\n| 5. | Section 7(2) | 1 | - |\n| 6. | Section 7(3) | 1 | - |\n| 7. | Section 14(1)(b) | 2 | - |","sortOrder":30},{"sectionNumber":"SCHEDULE 3 - Legislation resci","sectionType":"part","heading":"SCHEDULE 3 - Legislation rescinded","content":"# SCHEDULE 3 - Legislation resci SCHEDULE 3 - Legislation rescinded\n\n[Regulation 19](#GS19@EN)\n\n| Road Safety (Alcohol and Drugs) Amendment (Public Vehicles Reform) Regulations 2000 (No. 73 of 2000) |\n| Road Safety (Alcohol and Drugs) Amendment Regulations 2000 (No. 141 of 2000) |\n| Road Safety (Alcohol and Drugs) Amendment Regulations 2005 (No. 70 of 2005) |\n| Road Safety (Alcohol and Drugs) Amendment Regulations (No. 2) 2005 (No. 84 of 2005) |\n| Road Safety (Alcohol and Drugs) Amendment Regulations 2006 (No. 144 of 2006) |\n| Road Safety (Alcohol and Drugs) Regulations 2009 (No. 131 of 2009) |\n| Road Safety (Alcohol and Drugs) Amendment Regulations 2015 (No. 46 of 2015) |\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 28 November 2018\n\nThese regulations are administered in the Department of Police, Fire and Emergency Management.","sortOrder":31}],"analysis":{"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of the regulations changed from the original enabling legislation's intent. The document only contains status and metadata information. No amendments or scope-altering provisions are visible in the supplied text."},"complexity_factors":["Only metadata and status information was provided — the substantive regulatory content is absent, preventing full analysis","Regulations of this type typically involve technical procedural requirements (testing methods, approved devices, evidentiary standards) that can be moderately complex","Interaction with a parent Act (Road Safety (Alcohol and Drugs) Act) means the regulations cannot be fully understood in isolation","Based on available content alone, complexity is low — the document itself is straightforward administrative information"],"plain_english_summary":"These Tasmanian regulations set the technical rules for how alcohol and drug testing of road users is carried out, who can be tested, and how test results are treated for enforcement. They affect all drivers in Tasmania, police who conduct roadside testing, and courts that rely on test evidence — and matter because non‑compliance with the procedures can jeopardise prosecutions.\n\n(Note: only the cover/status page was provided, not the full text of the regulations.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations rescind a list of prior Road Safety (Alcohol and Drugs) amendment instruments (reg 19; Schedule 3) and thereby consolidate and update technical rules on operator/analyst qualifications, testing procedures, sample handling, forms, prescribed illicit drugs and infringement penalties. The instrument replaces prior administrative detail rather than merely adding isolated provisions (reg 19; Schedule 3)."},"complexity_factors":["Extensive cross-references to the Road Safety (Alcohol and Drugs) Act 1970 and the Marine Safety (Misuse of Alcohol) Act 2006 create interpretive dependencies (reg 3(1); multiple regs referencing Act and Marine Act sections).","Detailed technical procedures for instrument testing and use, and for taking blood and oral-fluid samples, require operational precision and procedural compliance (regs 6, 7, 8, 11).","Prescribed qualifications for approved analysts and qualified persons, with a Ministerial equivalence discretion, introduce judgement calls about eligibility (reg 4; reg 5(a)(iii), 5(b)).","Evidence handling, labelling and control-sample rules, and custody/storage rules for samples delivered to police, create chain-of-custody and evidentiary duties (regs 9, 10, 11, 12).","The infringement schedule sets varying penalties and disqualification periods tied to measured concentrations and specific offences, requiring precise threshold application (reg 18; Schedule 2).","Multiple mandatory forms, statements and recordkeeping obligations require administrative processes and produce documentary evidence for prosecutions (regs 6(2), 7(d)(iii), 17; Schedule 1).","Rescission of several earlier instruments indicates consolidation and potential substantive changes to prior administrative arrangements (reg 19; Schedule 3).","Overlap between police decision points (possession, detention, designated officer to receive requests) and operator duties may produce implementation variability across enforcement contexts (regs 10, 13)."],"plain_english_summary":"These regulations set technical rules for alcohol and drug testing of drivers and vessel operators: who may carry out tests and analyses, required qualifications and experience for analysts and operators, detailed procedures for breath, blood and oral-fluid sampling, labelling, custody and reporting, and prescribed illicit drugs and infringement penalties. They bind approved operators, analysts, police and persons tested by imposing specific compliance steps, recordkeeping, and penalty/disqualification options, and they rescind earlier related regulations."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as procedural and administrative support for the parent Acts. The coverage of both road and marine safety reflects the original intent of the enabling legislation (the 2017 Amendment Act), not scope creep. The regulations do not appear to have expanded beyond operational implementation of testing procedures, qualifications, and forms."},"complexity_factors":["Dual-application structure: regulations apply to both the Road Safety Act and the Marine Safety Act, requiring parallel provisions throughout (e.g., regulations 6, 7, 8, 9, 10, 13)","18 defined illicit drugs with specific chemical names and street names in regulation 15","Multiple nested conditions in regulation 17 for determining which form to use (4 different scenarios with cross-references to Act sections)","Extensive cross-referencing to parent Acts (Road Safety Act 1970 and Marine Safety Act 2006) – nearly every regulation references specific sections of these Acts","Conditional logic in regulation 18(2) creating exceptions to infringement notice availability based on prior convictions and vehicle type","Defined terms within individual regulations (e.g., 'control sample' in regulation 9, 'delivered to a police officer' in regulation 10) rather than centralised definitions","Schedule 2 table with tiered penalties based on blood alcohol concentration levels"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical, operational rules for how Tasmania's drink and drug driving laws work on the ground. They sit underneath the main **Road Safety (Alcohol and Drugs) Act 1970** and the **Marine Safety (Misuse of Alcohol) Act 2006** (which covers boats), filling in the technical details that the Acts don't cover.\n\n**Who it affects:**\n\n- **Police officers** – who conduct breath tests and handle blood samples\n- **Approved operators** – specially trained people who run breath analysing machines\n- **Approved analysts** – scientists who certify that breathalysers are working properly\n- **Qualified persons** – health workers who take blood samples (typically nurses or pathology collectors)\n- **Drivers and boat operators** – anyone required to provide breath, blood, or saliva samples\n\n**Key things the rules cover:**\n\n- **Who can take blood?** Only people with specific pathology qualifications (Certificate III or IV in Pathology)\n- **Who can certify breathalysers?** Scientists with at least a Bachelor of Science or Pharmacy, plus 2 years' postgraduate experience\n- **How breath tests must be done:** Using fresh mouthpieces, waiting 15 minutes after the person's last drink, and giving the person a printout of their result\n- **How blood samples are taken:** Sterile equipment, about 15ml of blood, mixed with preservatives, and clearly labelled\n- **How saliva (oral fluid) tests work:** Swabs taken by approved operators, split into two sealed containers (one marked \"Control\" for independent testing)\n- **Which drugs are tested for:** A specific list including cannabis (THC), methamphetamine, cocaine, heroin, ecstasy (MDMA), LSD, and others\n- **Fines and disqualification:** A schedule of penalties for drink driving offences that can be dealt with by infringement notice (on-the-spot fine) rather than going to court\n- **Forms:** The specific paperwork police must complete depending on the test result\n\n**Why it matters:**\n\nThese regulations ensure that evidence gathered in drink and drug driving cases is reliable and collected fairly. If police don't follow these precise procedures – for example, using an uncertified breathalyser or failing to label a blood sample correctly – the evidence might be challenged in court. The rules also protect people's rights by ensuring control samples are kept for independent testing and that proper medical standards are followed when taking blood."}},"importantCases":[],"_links":{"self":"/api/acts/road-safety-alcohol-and-drugs-regulations-2018","history":"/api/acts/road-safety-alcohol-and-drugs-regulations-2018/history","analysis":"/api/acts/road-safety-alcohol-and-drugs-regulations-2018/analysis","conflicts":"/api/acts/road-safety-alcohol-and-drugs-regulations-2018/conflicts","importantCases":"/api/acts/road-safety-alcohol-and-drugs-regulations-2018/important-cases","documents":"/api/acts/road-safety-alcohol-and-drugs-regulations-2018/documents"}}