{"id":"western-australian-marine-alcohol-and-drug-testing-regulations-2024","name":"Western Australian Marine (Alcohol and Drug Testing) Regulations 2024","slug":"western-australian-marine-alcohol-and-drug-testing-regulations-2024","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183904,"registerId":"wa-western-australian-marine-alcohol-and-drug-testing-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Western Australian Marine (Alcohol and Drug Testing) Regulations 2024","content":"![Crest]()Western Australia\n\nWestern Australian Marine Act 1982\n\nWestern Australian Marine (Alcohol and Drug Testing) Regulations 2024\n\nWestern Australia\n\nWestern Australian Marine (Alcohol and Drug Testing) Regulations 2024\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Term used: section 1\n\n4. Prescribed sample taker 1\n\nPart 2 — Testing for alcohol\n\n5. Operation of Dräger Alcotest 9510 breath analysing equipment 2\n\n6. Indication of result of breath analysis 2\n\nPart 3 — Testing for drugs\n\n7. Conduct of preliminary oral fluid test 3\n\n8. Collection and testing of oral fluid 3\n\n9. Assessments of drug impairment 3\n\nPart 4 — Blood samples\n\nDivision 1 — Taking blood samples for analysis\n\n10. Term used: sampling equipment 5\n\n11. Application of Division 5\n\n12. Sampling equipment 5\n\n13. Preparation of sampling equipment 5\n\n14. Method of sampling 6\n\n15. Certification 7\n\n16. Request for taking of blood sample 7\n\nDivision 2 — Analysis\n\n17. Analysis of blood sample 8\n\nPart 5 — Fees\n\n18. Blood samples and analysis 9\n\n19. Oral fluid analysis 9\n\nNotes\n\nCompilation table 11\n\nDefined terms\n\n  \n\nWestern Australian Marine Act 1982\n\nWestern Australian Marine (Alcohol and Drug Testing) Regulations 2024\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Western Australian Marine (Alcohol and Drug Testing) Regulations 2024*.\n\n##### 2. Commencement\n\nThese regulations come into operation on 2 May 2024.\n\n##### 3. Term used: section\n\nIn these regulations —\n\nsection means section of the Act.\n\n##### 4. Prescribed sample taker\n\nFor the purposes of paragraph (c) of the definition of ***prescribed sample taker*** in section 75E(1), the following persons are prescribed —\n\n(a) pathology collector;\n\n(b) phlebotomist.\n\n## Part 2 — Testing for alcohol\n\n##### 5. Operation of Dräger Alcotest 9510 breath analysing equipment\n\nFor the purpose of conducting a breath analysis using the apparatus known as the “Dräger Alcotest 9510”, the breath analysing equipment must be operated in accordance with the instructions set out in the *Road Traffic (Breath Analysis) Regulations 1975* Schedule 2.\n\n##### 6. Indication of result of breath analysis\n\nFor the purposes of section 75EM(3), the manner of indicating the result of an analysis by breath analysing equipment is the printing of a statement by the equipment.\n\n## Part 3 — Testing for drugs\n\n##### 7. Conduct of preliminary oral fluid test\n\n(1) For the purposes of section 75F(2), the procedure for conducting a preliminary oral fluid test is the procedure set out in the *Road Traffic (Drug Driving) Regulations 2007* regulation 5.\n\n(2) If the procedure referred to in subregulation (1) does not appear to fully describe the steps required for a preliminary oral fluid testing device, an inspector or police officer may have regard to any manufacturer’s instructions in the device’s packaging.\n\n##### 8. Collection and testing of oral fluid\n\n(1) For the purposes of section 75FC(3)(a) and (b), the steps to be taken by an authorised drug tester when collecting a sample of oral fluid for drug testing and conducting the drug testing are the steps set out in the *Road Traffic (Drug Driving) Regulations 2007* Schedule 2.\n\n(2) If the procedure referred to in subregulation (1) does not appear to fully describe the steps required for a drug testing device, an inspector or police officer may have regard to any manufacturer’s instructions in the device’s packaging.\n\n##### 9. Assessments of drug impairment\n\nFor the purposes of section 75FH(4), the procedure is to base an assessment of a person’s drug impairment on observations of aspects of the person’s behaviour, demeanour and condition, which can include whether —\n\n(a) there is any apparent injury to the person; or\n\n(b) there are any unusual or indicative skin responses; or\n\n(c) there is a smell of alcohol; or\n\n(d) the person’s speech, action, movement or balance appears affected; or\n\n(e) the appearance of the person’s eyes indicates drug ingestion (for example, dilated, constricted or bloodshot); or\n\n(f) the person’s rate or manner of breathing appears affected by drugs; or\n\n(g) the person’s attitude or the appearance of the person’s clothing appears to indicate drug ingestion; or\n\n(h) the person’s general comprehension appears affected by drugs.\n\n## Part 4 — Blood samples\n\n### Division 1 — Taking blood samples for analysis\n\n##### 10. Term used: sampling equipment\n\nIn this Division —\n\nsampling equipment means equipment that —\n\n(a) is provided for the purpose of taking a sample of blood under the *Road Traffic Act 1974* section 69(1a) by a body referred to in the *Road Traffic (Blood Sampling and Analysis) Regulations 1975* regulation 4; and\n\n(b) comprises the items set out in regulation 5 of those regulations.\n\n##### 11. Application of Division\n\n(1) This Division applies for the purposes of section 75IE(2)(a) if, instead of a sample of a person’s blood being taken and divided into 2 parts, 2 samples of the person’s blood are taken 1 immediately after the other in accordance with section 75IE(2)(b)(ii).\n\n(2) This Division does not apply to a sample of blood taken in a proper manner other than in accordance with these regulations as referred to in section 75IE(2)(a).\n\n##### 12. Sampling equipment\n\nA blood sample must be taken by means of sampling equipment.\n\n##### 13. Preparation of sampling equipment\n\n(1) In this regulation —\n\napproved body has the meaning given in section 124HQ(1);\n\ntechnologist has the meaning given in section 124HQ(1).\n\n(2) The sampling equipment must be prepared by a technologist of an approved body.\n\n(3) The technologist must —\n\n(a) complete and sign a certificate in the form approved by the chief executive officer; and\n\n(b) seal the equipment in a serially numbered package by signing the technologist’s name over the sealed portion or flap of the package.\n\n##### 14. Method of sampling\n\n(1) A blood sample must be taken by the prescribed sample taker by venepuncture, with the vacutainer kit provided in the sampling equipment and no other.\n\n(2) The prescribed sample taker must —\n\n(a) examine the package containing the sampling equipment produced to the prescribed sample taker, and in the presence of the person producing it, ensure that —\n\n(i) the package is sealed and intact; and\n\n(ii) the indicated expiry date for the use of the equipment has not passed;\n\nand\n\n(b) not use any sampling equipment contained in a package that is not sealed and intact or in respect of which the indicated expiry date has passed; and\n\n(c) cleanse the proposed site of the venepuncture by means of a sterile, non‑alcoholic antiseptic cleansing skin prep wipe contained in the sampling equipment and by no other means; and\n\n(d) discharge each sample (or each part of the sample if the sample is divided into 2 parts) into a separate container provided in the sampling equipment; and\n\n(e) ensure that the cover of each container is securely tightened; and\n\n(f) shake each container thoroughly and in so doing invert it at least 20 times, to mix the contents.\n\n##### 15. Certification\n\nIf a blood sample is taken and dealt with in accordance with regulation 14 —\n\n(a) the prescribed sample taker must complete and sign 2 copies of the form approved by the chief executive officer for the purposes of this paragraph; and\n\n(b) an inspector or police officer who was present when the sample was taken must complete and sign 2 copies of the form approved by the chief executive officer for the purposes of this paragraph; and\n\n(c) on completion of the forms, each of the containers containing a portion of the blood sample must be sealed in a separate package by the prescribed sample taker or the inspector or police officer.\n\n##### 16. Request for taking of blood sample\n\nFor the purposes of sections 75EN(4), 75EO(3), 75FF(3) and 75FJ(3), an inspector or police officer causes a prescribed sample taker to take a sample of a person’s blood for analysis by giving the prescribed sample taker a request to take a sample of blood in the form approved by the chief executive officer for the purposes of this regulation.\n\n### Division 2 — Analysis\n\n##### 17. Analysis of blood sample\n\nFor the purposes of section 75IE(6), a blood sample must be analysed for alcohol by —\n\n(a) ascertaining the change in concentration of a solution of a dichromate; or\n\n(b) gas chromatography.\n\n## Part 5 — Fees\n\n##### 18. Blood samples and analysis\n\n(1) The fees for the attendance of a prescribed sample taker for the purpose of taking a sample of blood under section 75IE are the fees set out in the *Road Traffic (Blood Sampling and Analysis) Regulations 1975* regulation 15(1) in relation to a sample of blood taken under the *Road Traffic Act 1974* section 69(1) or (1a).\n\n(2) The fees for the analysis of a blood sample by an analyst at the Chemistry Centre (WA) are the fees set out in the *Road Traffic (Blood Sampling and Analysis) Regulations 1975* regulation 15(3) and (4) in relation to a sample of blood taken under the *Road Traffic Act 1974* section 69(1) or (1a).\n\n(3) The fees payable under this regulation must be paid by the chief executive officer.\n\n(4) If a person is convicted of an offence under section 75B(1), 75BA(1), 75BB(1), 75C(1), 75CA(1), 75CD(1), 75D(1), 75DA(1),75DB(1), 75DC(1) or 75DD(1) and the chief executive officer has paid a fee under subregulation (1) or (2) for the purposes of Part 3B of the Act —\n\n(a) the court convicting the person must order the person to repay the chief executive officer the amount of the fee; and\n\n(b) that amount may be recovered by the chief executive officer as if it were a penalty imposed under the Act.\n\n##### 19. Oral fluid analysis\n\n(1) The fee for the analysis of an oral fluid sample by a drugs analyst at the Chemistry Centre (WA) is the fee set out in the *Road Traffic (Drug Driving) Regulations 2007* regulation 11(1).\n\n(2) The fee payable under subregulation (1) must be paid by the chief executive officer.\n\n(3) If a person is convicted of an offence under section 75CD(1), 75DB(1), 75DC(1) or 75DD(1) and the chief executive officer has paid a fee under subregulation (1) for the purposes of Part 3B Division 3 of the Act —\n\n(a) the court convicting the person must order the person to repay the chief executive officer the amount of the fee; and\n\n(b) that amount may be recovered by the chief executive officer as if it were a penalty imposed under the Act.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Western Australian Marine (Alcohol and Drug Testing) Regulations 2024*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Western Australian Marine (Alcohol and Drug Testing) Regulations 2024* | SL 2024/63 1 May 2024 | 2 May 2024 (see r. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napproved body 13(1)\n\nsampling equipment 10\n\nsection 3\n\ntechnologist 13(1)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — no legislative text was available for analysis. The title suggests a focused regulatory instrument dealing specifically with alcohol and drug testing in a marine context, which is a typical, narrow regulatory scope."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a page-not-found/migration error","Analysis is based solely on the title; no provisions, definitions, schedules, or cross-references could be assessed","Complexity score reflects the absence of content, not the likely complexity of the actual instrument"],"plain_english_summary":"The Western Australian Marine (Alcohol and Drug Testing) Regulations 2024 likely establishes rules for alcohol and drug testing of people operating vessels in WA waters. It appears to cover who may be tested, testing methods, legal limits, penalties for refusal or positive tests, and powers of authorised officers. It affects recreational boaters, commercial operators and maritime workers and matters for safety and compliance."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations implement procedural, evidentiary and fee details for testing under existing Marine Act provisions rather than expanding or narrowing who is subject to testing. They prescribe methods, equipment and payment arrangements but do not alter the statutory scope of offences or the categories of persons covered by the Act."},"complexity_factors":["Extensive cross-references to other legislation and regulations (Road Traffic (Breath Analysis) Regs 1975; Road Traffic (Drug Driving) Regs 2007; Road Traffic (Blood Sampling and Analysis) Regs 1975) (regs 5, 7, 8, 10–13, 18–19)","Technical, stepwise sampling and handling requirements for blood (venepuncture, specific kit, antiseptic wipes, inversion count) that create strict compliance obligations (reg 14)","Certification and packaging formalities requiring signatures and approved forms by technologist, prescribed sample taker and attending officer (regs 13(3), 15, 16)","Specified analytic methods for blood alcohol (dichromate change or gas chromatography) that constrain laboratory procedures (reg 17)","Fee payment and recovery mechanics: chief executive officer pays fees upfront but convicted persons ordered to repay; creates financial flows and recovery enforcement (regs 18(3)–(4), 19(2)–(3))","Limited discretionary guidance for inspectors and police to rely on manufacturer instructions when prescribed procedures appear incomplete (regs 7(2), 8(2))","Definitions and application rules (e.g. sampling equipment, technologist, approved body) that rely on external statutory meanings and affect applicability (regs 10, 13(1), 11)"],"plain_english_summary":"These regulations set out the detailed procedures for alcohol and drug testing under the Western Australian Marine Act: which devices and sampling kits to use, how breath, oral fluid and blood samples must be taken and analysed, and the fees and payment/recovery rules. They affect inspectors, police, prescribed sample takers (pathology collectors and phlebotomists), analysts and people subject to testing, and matter because they fix the technical and financial steps required to produce and pay for admissible test results."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose of implementing testing procedures for the Marine Act's Part 3B (Alcohol and Drugs). They do not appear to have expanded beyond the technical procedural implementation originally intended."},"complexity_factors":["Heavy reliance on external regulations: The instrument incorporates by reference procedures from three separate road traffic regulations (Breath Analysis 1975, Drug Driving 2007, Blood Sampling 1975), requiring cross-referencing to understand the full procedural requirements.","Nested conditional logic in Part 4: Division 1 applies only in specific circumstances (regulation 11) involving alternative sampling methods, creating a conditional application structure.","Defined terms with external references: Terms like 'approved body' and 'technologist' are defined by reference to section 124HQ(1) of the parent Act, not defined within the regulations themselves.","Specific technical equipment requirements: Detailed procedural steps for blood sampling (regulation 14) including specific inversion counts (20 times), antiseptic requirements (non-alcoholic), and vacutainer kit specifications.","Fee recovery mechanisms: Complex conditional repayment structure in regulations 18(4) and 19(3) linking convictions under specific sections to cost recovery orders."],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for testing boat operators and crew in Western Australia for alcohol and drugs. They apply to people operating vessels under the *Western Australian Marine Act 1982*.\n\n**Key things covered:**\n\n*   **Breath testing for alcohol:** Specifies that police and inspectors must use the \"Dräger Alcotest 9510\" device and follow the same operating procedures used for roadside breath testing in cars (set out in the *Road Traffic (Breath Analysis) Regulations 1975*). Results must be printed by the machine.\n\n*   **Drug testing:** Sets out how to conduct saliva (oral fluid) tests for drugs. Testers follow the same steps used for drug driving on roads, but can also check the device manufacturer's instructions if needed. It also lists what signs of drug impairment inspectors should look for—things like dilated pupils, slurred speech, unusual behaviour, or the smell of alcohol.\n\n*   **Blood samples:** Details how blood samples must be taken if required (for example, if someone can't provide a breath or saliva sample). Only qualified people (pathology collectors or phlebotomists) can take blood. The equipment must be prepared by a technologist, sealed properly, and used before its expiry date. Specific cleaning methods and mixing procedures must be followed.\n\n*   **Who pays:** The government (via the chief executive officer) initially pays for blood and oral fluid testing. However, if someone is convicted of a relevant offence, the court must order them to repay these costs.\n\n**Who it affects:**\n\nAnyone operating a vessel in WA waters who is required to undergo alcohol or drug testing by marine inspectors or police. It also affects the medical professionals who take blood samples and the analysts who test them.\n\n**Why it matters:**\n\nOperating a boat while impaired is dangerous. These regulations ensure testing is done consistently and fairly, using reliable methods that match the standards used for road traffic offences. This helps keep waterways safe while protecting people's rights through proper procedures for sample handling and analysis."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/western-australian-marine-alcohol-and-drug-testing-regulations-2024","history":"/api/acts/western-australian-marine-alcohol-and-drug-testing-regulations-2024/history","analysis":"/api/acts/western-australian-marine-alcohol-and-drug-testing-regulations-2024/analysis","conflicts":"/api/acts/western-australian-marine-alcohol-and-drug-testing-regulations-2024/conflicts","importantCases":"/api/acts/western-australian-marine-alcohol-and-drug-testing-regulations-2024/important-cases","documents":"/api/acts/western-australian-marine-alcohol-and-drug-testing-regulations-2024/documents"}}