Marine (Drug, Alcohol and Pollution Control) Regulations 2022

The instrument rests on a small set of recurring regulatory concepts: prescribed device, authorised operator, chain of custody and prescribed certificate particulars.

Prescribed device: The Regulations list the narrow set of breath and oral fluid testing devices that may be used for the statutory testing powers. For breath testing the devices are named specifically in reg 6: lion alcolmeter SD‑400 Touch; lion alcolmeter SD‑400PA; Alcolizer LE; and Dräger Alcotest 7000. For oral fluid testing the approved devices are the SECURETEC DRUGWIPE TWIN, the SECURETEC DRUGWIPE II TWIN and the SECURETEC DRUGWIPE II TWIN COMBO (reg 14). The Regulations therefore limit on‑scene instrument choice to those model names, and amendments to this list are effected by statutory rule (see Table of Amendments, S.R. No. 25/2025).

Authorised operator: The person who operates a breath analyser or who is authorised to take samples must be properly authorised. Reg 7 requires that the person operating the breath analysing instrument be "authorised under section 31(3) of the Act" and reg 8(b) requires a statement that the operator is authorised by the Chief Commissioner of Police. For oral fluid samples, reg 24(a) requires the police officer who carried out the oral fluid test to be authorised in writing by the Chief Commissioner of Police. The Regulations therefore tie a certificate’s probative content to a formal authorisation process controlled by police.

Chain of custody and packaging: The Regulations set specific physical and labelling controls for samples. Blood samples must be taken by venipuncture, cleaned with a swab from a sealed container not containing ethanol (reg 9), split into two dry containers with approximately the same amount placed in vacuum or septum seals and labelled with the anticoagulant and preservative, the preparer’s identity and the collector’s signature and timing (reg 10(1)). Urine samples must be placed in two dry containers, each with tamper‑proof locking seals, and labelled with collector signature, date/time and identifying information (regs 12-13). For certain blood samples (those taken under s 31A), both containers must be sealed together in a plastic bag and placed in a locked receptacle at the place the sample was taken (reg 10(3)). Oral fluid samples that are divided into parts must have each part labelled (reg 17). These are precise chain‑of‑custody mechanisms intended to reduce contamination risk and preserve identification.

Prescribed certificates as admissible evidence: Multiple regulations specify the precise particulars a certificate must contain in order to be the prescribed form for evidence under various sections of the Act (regs 8, 18-25). These include the operator’s or analyst’s name and signature, the sampling date and time, the method of analysis, the substance identified, and an explicit mapping back to the identification labels on the containers (for example reg 20(1)(g)). The Regulations therefore convert a statutory certificate concept into a technical checklist that links sampling, storage and laboratory analysis.

Administrative enforcement outputs: The Regulations also specify the particulars necessary for notices of immediate marine licence suspension (reg 26) and the obligations to surrender a suspended licence document to Safe Transport Victoria (reg 27). These provisions operationalise the Act’s suspension powers into forms of notice and administrative custody over licences.

Cross‑references to other statutes: The Regulations reference other statutes for evidentiary and expert recognition. Reg 20(2)(b)(i) requires that an expert certificate state if the expert is an approved expert within the meaning of s 57A of the Road Safety Act 1986. The note under reg 20 references s 177 of the Evidence Act 2008 regarding certificates of expert evidence. The endnotes also record the use of Interpretation of Legislation Act 1984 conventions and the Subordinate Legislation Act 1994 sunset mechanism. These cross‑references determine which external standards and qualifications the Regulations rely upon.

Mechanically, the Regulations impose a sequence: authorised testing using prescribed devices and sealed consumables; sample collection adhering to specified physical and labelling standards; transport or surrender steps (to police and Safe Transport Victoria); and completion of certificates that conform to the Regulation checklists to be admitted as evidence under the Act (see regs 6-27).

The Regulations create obligations and operational steps for several clearly defined groups. The text itself identifies the categories and pulls the administrative levers to which they must respond.

Police officers and authorised officers: Police carry primary enforcement duties under the Act and the Regulations. They must operate prescribed breath devices only when authorised (reg 7; reg 8(b)), conduct preliminary oral fluid tests using the specified devices and sealed collection units (reg 15-16), take oral fluid samples under s 31AE if authorised in writing by the Chief Commissioner and complete statutory certificates (reg 24). They are also the recipients of blood samples placed by medical practitioners or approved health professionals (reg 10(2)). Police are the decision‑makers on immediate licence suspensions and on issuing the notices whose particulars are prescribed by reg 26.

Registered medical practitioners and approved health professionals: Medical practitioners or approved health professionals are the persons authorised to take blood and urine samples under the Act. The Regulations govern how they must conduct those procedures. For blood the Regulations require venipuncture and a swab from a sealed container free of ethanol (reg 9), and the placement of the sample into two dry containers, each vacuum sealed or sealed with a septum, labelled with anticoagulant and preservative details and the preparer’s identity (reg 10(1)(a)-(d)). They must give the blood sample containers to a police officer if the sample is taken under certain sections (reg 10(2)), and in particular contexts place containers in a plastic bag and locked receptacle (reg 10(3)). For urine, the collector must use a clean, dry, unused container (reg 12) and place the urine into two dry containers each with tamper‑proof locking seals, labelled with signature, date/time and identifying information (reg 13).

Approved analysts and approved experts: Laboratories and scientists who analyse blood, urine or oral fluid samples must be approved analysts under the Act; the Regulations require certificates to contain a statement that the analyst is an approved analyst and to record the method and findings (regs 19-25). Experts giving opinions on usual effects of substances must have their qualifications and approved expert status declared and must describe the usual effect on behaviour, including effects on vessel operation (regs 20(2), 23).

Operators of breath analysing instruments and device suppliers: The Regulations list the models that may be used (reg 6) and require particular device testing practices (reg 7 and reg 8). Persons who supply or maintain devices will therefore be indirectly affected because compliance requires devices that are on the prescribed list and maintenance that preserves serial numbers and the integrity of self and zero tests.

Vessel operators and licence holders: Persons who operate vessels are the potential subjects of tests, certificates and licence suspensions. Reg 26 prescribes particulars of immediate marine licence suspension notices and reg 27 requires surrender of the suspended marine licence document to Safe Transport Victoria. Those directly charged with offences are the named addressees for notices (reg 26(1) and (2)) and therefore bear direct consequences of the administrative processes.

Safe Transport Victoria: Reg 27 specifically identifies Safe Transport Victoria as the recipient of surrendered suspended marine licence documents (reg 27, citing s 61BA(7) of the Act). The agency therefore becomes the administrative custodian of licence documents and will be required to implement procedures for receipt and record keeping.

Laboratories and chain‑of‑custody administrators: The labelling and container requirements, plus the requirement that certain certificates describe the "contents of the identification label" attached to the container (for example reg 20(1)(g); reg 22(1)(d); reg 25(e)), place operational burdens on laboratories and evidence management personnel to preserve label integrity and to match analyst reports to the labelled containers.

Other statutory actors: The Regulations explicitly reference the Chief Commissioner of Police as the authorising officer for device operators (reg 8(b); reg 24(a)), and cross‑reference the Road Safety Act 1986 and the Evidence Act 2008 in relation to expert certificates (reg 20(2); note under reg 20). The Subordinate Legislation Act 1994 governs sunsetting (Endnotes, 1).

Who pays and who decides: The immediate administrative costs fall on police (training, devices, sealed consumables, record keeping), medical practitioners/approved health professionals (receptacles, labels, secure storage at scene), approved analysts and laboratories (analysis methods, approved status, certificates) and Safe Transport Victoria (receiving surrendered licences). The Chief Commissioner of Police decides authorisations for operators and police officers to perform certain functions (regs 8(b), 24(a)). The Act remains the source of criminal or administrative sanctions; the Regulations supply the forms and steps needed to make evidence admissible and notices valid.

The Regulations create a set of specific duties for persons engaged in testing and evidence generation, and they define the required content of official certificates that the Act treats as evidential. The duties are prescriptive and largely procedural.

Breath testing duties: A person authorised under s 31(3) of the Act to operate a breath analysing instrument must not require a suspect to provide a breath sample until satisfied the suspect has not consumed alcohol for at least 15 minutes before analysis (reg 7(a)). The operator must provide a fresh mouthpiece for each person and keep the mouthpiece in a sealed container until use (reg 7(b)-(c)). The operator must complete a breath analysis certificate in the prescribed form containing specified particulars including the operator’s name, authorisation statement from the Chief Commissioner of Police, serial number of the instrument, sample number, location, identity particulars of the person tested, results of self and zero tests before and after, date/time of analysis and concentration of alcohol in grams per 210 litres of exhaled air (reg 8).

Blood sampling duties: When a blood sample is taken by a registered medical practitioner or approved health professional, it must be obtained by venipuncture and the puncture site cleansed with a swab from a sealed container that does not contain ethanol (reg 9). The collector must place the sample into two dry containers each containing approximately the same amount, ensure each container is vacuum sealed or has a septum seal, attach labels stating the specific anticoagulant and preservative and the preparer’s identity and a label with the collector’s signature, date/time and the subject’s name or identifying information (reg 10(1)(a)-(d)). If the sample is taken under sections 31, 31AB or 31AE the collector must give the sample containers to a police officer (reg 10(2)). If taken under s 31A both containers must be placed and sealed in one plastic sample bag and that bag put in a locked receptacle provided at the place the sample was taken (reg 10(3)). A certificate under s 32(3) must state that the taking of the blood sample complied with the requirements of these Regulations and must identify the collector and time (reg 18).

Urine sampling duties: The collector must use a clean, dry and unused container to collect urine (reg 12). After collection the urine must be split into two dry containers approximately equal in amount, each fitted with a tamper‑proof locking seal and each labelled with the collector’s signature, date/time and the subject’s identifying particulars (reg 13). A certificate under s 32A(3) must state that the collection complied with the Act and these Regulations and identify the collector and the subject (reg 21).

Oral fluid testing duties: For preliminary oral fluid tests using the SECURETEC devices, the police officer must provide a fresh oral fluid collection unit kept in a sealed container until used and must test the sample using the same device that obtained the sample (reg 15). For samples taken under s 31AE, the police officer must provide a fresh sealed collection unit to each person (reg 16). After taking an oral fluid sample the police officer must attach labels to the sample (or parts of the sample) identifying the officer, date/time and subject (reg 17). Certificates under s 32B(3) must contain the police officer’s authorisation statement from the Chief Commissioner and a statement as to whether the requirements of the Regulations were complied with, and whether the oral fluid test indicated a prescribed illicit drug (reg 24).

Analyst and expert duties: Certificates by approved analysts must identify the analyst, state that they are an approved analyst under the relevant section of the Act, describe the method used, identify any substance present and give the date of analysis, and describe the contents of the identification label attached to the sample container (for blood, reg 20(1); for urine, reg 22; for oral fluid, reg 25). Certificates by experts must state the expert’s qualifications, approval status where applicable and describe the usual effect of the substance on behaviour including the ability to operate or direct the operation of a vessel (reg 20(2); reg 23).

Administrative notice duties: A notice of immediate marine licence suspension must contain prescribed particulars such as the name and address of the accused, a statement of the offence charged and, for certain offences, the alleged concentration of alcohol in blood or breath, the approximate time and location of the alleged offence, the name and signature of the person who charged the accused and the date the notice was given (reg 26(1)). For other immediate suspension notices under s 28C(1A) the particulars are a slightly smaller set (reg 26(2)). The person to whom s 61BA(1) applies must surrender their marine licence document to Safe Transport Victoria (reg 27).

Rights and safeguards apparent from the text: The Regulations do not create new rights of appeal or review; such procedural rights remain in the Act. However, the Regulations require particular formats and processes which, if not followed, may weaken the statutory certificates intended to be used as evidence under the Act. The Regulations therefore implicitly create a compliance‑based safeguard: if mandatory steps (for example, sealed mouthpieces, specified swabs, labelled containers) are not followed, the utility of the certificate in proceedings may be affected. The Regulations also cross‑reference the Evidence Act 2008 in relation to expert certificates (reg 20(2) and note), which means experts may still be called in court and subject to the Evidence Act rules.

Who decides and who certifies: Authority for authorising operators is exercised by the Chief Commissioner of Police, who must be named in certificates (reg 8(b); reg 24(a)). Approved analyst and expert statuses are statutory constructs under the Act and the Road Safety Act 1986 for cross‑recognition of expert qualifications (reg 20(2)(b)(i)).

The Regulations themselves do not create new criminal penalties. They are subordinate rules made under s 105 of the Act (reg 2) that prescribe devices, procedures and certificate particulars intended to operationalise the Act’s enforcement powers. Penalties for offences remain those specified in the Marine (Drug, Alcohol and Pollution Control) Act 1988. The Regulations’ enforcement effect is principally evidential and administrative rather than punitive.

Evidentiary enforcement mechanism: The Regulations prescribe the form and content of certificates that, if completed in accordance with the Regulations, serve as prescribed evidence under the Act. For example reg 20 prescribes what a certificate signed by a properly qualified analyst must contain for the presence of a substance in a blood sample to be established under s 32(2) of the Act. Reg 19 prescribes the particulars an approved analyst must include for a blood alcohol concentration certificate under s 32(4) of the Act. The practical enforcement effect is that properly completed certificates reduce the litigation burden on prosecutors by producing admissible documentary proof of analytical results, subject to the Act and Evidence Act rules.

Administrative enforcement: Reg 26 prescribes the particulars that must be in a notice of immediate marine licence suspension (ss 28C(1) and 28C(1A) of the Act). The Regulations thus shape the validity of immediate suspension notices: if a notice lacks the prescribed particulars, the administrative suspension may be vulnerable to challenge. Reg 27 requires surrender of suspended marine licence documents to Safe Transport Victoria (s 61BA(7) of the Act), meaning Safe Transport Victoria is the repository and administrative enforcer for licence custody.

Operational enforcement: The Regulations place duties on police and authorised operators to use particular devices and procedures (regs 6-7, 14-17). Failure to use prescribed devices where the Act requires them, or to comply with procedural safeguards such as the 15‑minute wait before breath testing (reg 7(a)), could result in the generated evidence being attacked in proceedings. The text does not itself specify consequences for procedural non‑compliance; those consequences arise through evidentiary challenges in court or through relief available under the Act.

Interaction with evidentiary law: The Regulations expressly cross‑reference the Evidence Act 2008 in relation to expert certificates (reg 20(2) and note). The Note under reg 20 states that s 177 of the Evidence Act 2008 provides for certificates of expert evidence and circumstances in which the expert may be required to give evidence. Therefore the Regulations’ certificates are intended to work within the Evidence Act framework, and courts retain discretion to summon experts or scrutinise certificates under the Evidence Act.

Delegation and authorisation enforcement: Several provisions make the Chief Commissioner of Police the authorising authority for operator status (reg 8(b); reg 24(a)). Enforcement of authorisation rules will be administered through police internal processes; the Regulations do not prescribe a public register of authorised operators.

Responsibility for compliance costs: Police, medical practitioners and approved analysts bear the operational costs for compliance. Safe Transport Victoria will bear administrative costs for licence custody. The Regulations do not allocate funding; they prescribe procedural steps.

In short, the Regulations enforce the Act by making evidence and notices that comply with detailed procedural requirements more likely to be admissible and procedurally unimpeachable. They do not themselves create new criminal offences or penalties; enforcement consequences derive from the Act and from the court’s evidentiary treatment of certificates and compliance with procedural requirements set out here (see regs 6-27; reg 20 note referencing Evidence Act 2008).

The Regulations are expressly framed as subordinate to, and operationalising, the Marine (Drug, Alcohol and Pollution Control) Act 1988. The authorising provision is section 105 of that Act (reg 2). Key interactions with other statutes and legislative mechanisms are identified in the Regulations and the endnotes.

Evidence Act 2008: Reg 20(2) provides for certificates by experts as to the usual effect of substances and includes a Note that s 177 of the Evidence Act 2008 governs certificates of expert evidence and when an expert may be required to give evidence. This means the admissibility and weight of expert certificates under the Regulations remain governed by the Evidence Act regime, including potential court examination of the expert and the rules on hearsay and opinion evidence as applicable under that Act.

Road Safety Act 1986: Reg 20(2)(b)(i) requires that, where relevant, the expert state whether they are an "approved expert" within the meaning of section 57A of the Road Safety Act 1986. The Regulation therefore leverages pre‑existing approval mechanisms from the Road Safety Act to validate expert qualifications for the marine context and creates cross‑statutory recognition of expert status.

Subordinate Legislation Act 1994: The Endnotes state that the Regulations will sunset 10 years after making under s 5 of the Subordinate Legislation Act 1994. The practical effect is a statutory expiry date for the instrument (Endnotes, 1). Any continuing rules beyond that date will require re‑making or replacement.

Interpretation of Legislation Act 1984 (ILA): The endnotes include an "Interpretation" section setting out that style changes and headings, examples, punctuation and provision numbers are to be interpreted as part of the Statutory Rule per the ILA (Endnotes, 1). This means the formatting, headings and examples in the Regulations are legally part of the instrument for interpretive purposes.

Marine (Drug, Alcohol and Pollution Control) Act 1988: The Regulations exist to implement specific sections of the Act, particularly those referenced repeatedly: s 29 (prescribed breath test devices), s 31 and subsections (breath analysing instrument operation and sampling), s 31A, s 31AB (drug impairment assessment), s 31AD and s 31AE (oral fluid testing), s 32, s 32A and s 32B (evidence from blood/urine/oral fluid analyses), s 28C (immediate marine licence suspension), and s 61BA (surrender of licence document). The Regulations therefore act as technical annexes to those powers.

Safe Transport Victoria: Reg 27 explicitly requires the surrender of suspended marine licence documents to Safe Transport Victoria (for the purposes of s 61BA(7) of the Act). The Regulations therefore establish an inter‑agency administrative relationship and place an evidential and custody role on Safe Transport Victoria.

No stated interaction with privacy or health regulation: The text prescribes medical sampling methods and handling (regs 9-13) but does not itself mention compliance obligations under privacy, public health or other medical regulation frameworks. Practitioners taking samples will still need to consider professional and legislative obligations external to these Regulations, but any such interactions are not set out in the Regulations themselves and so would be governed by the separate statutes or professional standards in force.

Administrative procedure and ministerial power: The Regulations make the Chief Commissioner of Police the authorising official for operators and for police authorised to take oral fluid samples (reg 8(b); reg 24(a)). That decision is therefore an internal police administrative act but is required to be recorded in the certificates used for evidence.

Amendment and repeal mechanics: Reg 4 revokes earlier versions of the subordinate rules (the 2012-2017 Regulations). The Table of Amendments records the Marine (Drug, Alcohol and Pollution Control) Amendment Regulations 2025, S.R. No. 25/2025, which amended specified provisions (notably reg 6 and reg 27). The Regulations therefore interact with the machinery of statutory rule‑making and revision as set out in the ILA and Subordinate Legislation Act.

In sum, the Regulations are a technical implementation instrument that operates in a matrix composed of the Act, the Evidence Act 2008 (for expert certificates), the Road Safety Act 1986 (for approved expert recognition) and the Subordinate Legislation Act 1994 (for sunset). They do not displace the rules of those other statutes but rely on them for evidentiary and institutional recognition.

The Regulations were made on 7 June 2022 and commenced 10 June 2022 (reg 3; Endnotes, 1). They replaced and revoked an earlier subordinate instrument series covering 2012-2017 (reg 4). The Endnotes and the Table of Amendments record subsequent amendment activity.

Revocations: Reg 4 revokes the Marine (Drug, Alcohol and Pollution Control) Regulations 2012 and several amendment regulations (S.R. Nos 46/2012 as amended, 138/2012, 99/2013, 101/2013, 22/2016 and 137/2017). The endnotes document the provenance of those items (Endnotes, 3).

Amendments recorded in this instrument: The Table of Amendments shows that the Marine (Drug, Alcohol and Pollution Control) Amendment Regulations 2025, S.R. No. 25/2025, were made on 6 May 2025 and commenced the same day. The explanatory details in the Endnotes identify particular changes effected by S.R. No. 25/2025. Specifically:

• Reg 6(c) was amended by S.R. No. 25/2025 reg 3(a) and reg 6(d) was inserted by S.R. No. 25/2025 reg 3(b), which is reflected in the printed regulation listing the Alcolizer LE and the Dräger Alcotest 7000 in the prescribed breath device list (reg 6). That indicates the list of prescribed breath analysers was extended in 2025.

• Reg 27 (Heading) was amended by S.R. No. 25/2025 reg 4(1). Reg 27 was also amended by S.R. No. 25/2025 reg 4(2) to require surrender of the suspended marine licence document to Safe Transport Victoria. The current reg 27 text reflects that amendment, which may represent a change from a prior recipient or procedure in the revoked or superseded instrument.

Table and explanatory detail: The Endnotes provide an Explanatory details section that lists the revoked earlier statutory rules and shows the dates and references for the amendments. The Table of Amendments summarises that S.R. No. 25/2025 made the changes.

Sunset: The Endnotes note that the Regulations will sunset 10 years after the day of making (see s 5 of the Subordinate Legislation Act 1994), which places the sunset at 7 June 2032 unless earlier remade or replaced (Endnotes, 1).

Practical consequence: The amendment history indicates the instrument is not static. The 2025 amendment was used to add device models and to alter administrative arrangements for surrendered licences. That shows the Regulations can be updated by later statutory rule to reflect new device models or administrative preferences. Practitioners should therefore monitor future statutory rules for further additions to the prescribed device lists or administrative procedures.

Record keeping: The Table of Amendments entry lists the amendment instrument by date of making and commencement (6 May 2025), which is the official way to verify current versions on the Victorian legislation website (Endnotes, 1).

The Regulations themselves do not include, reference or summarise any litigation concerning their validity, interpretation or operation. The text names no cases. There is no litigation history recorded in the instrument or the Endnotes.

Implications of absence of reported cases: Because the Regulations implement technical sampling, packaging and certificate requirements, litigation will most likely arise in two contexts: evidentiary challenges to the admissibility or probative weight of analyst or device certificates, and procedural challenges to administrative actions such as immediate licence suspensions. The Regulations’ detailed checklist of required particulars and packaging steps is designed to reduce the scope of admissible challenges by providing a prescribed form of certificate and chain‑of‑custody rules (regs 8, 10(1), 13, 18-25). The Note under reg 20 explicitly directs readers to s 177 of the Evidence Act 2008 concerning expert certificate evidence, indicating the courts’ evidentiary rules remain relevant.

Where future litigation might focus: In the absence of reported cases in the instrument, the most likely points of contest in proceedings would be:

• Whether the specified procedural requirements were complied with in the taking of a sample or the operation of a breath instrument (for example the 15‑minute waiting requirement in reg 7 or the sealed mouthpiece requirement in reg 7(b)-(c)).

• Whether the certificate contains the exact particulars prescribed in the Regulations (for example the identification label contents required to be described in reg 20(1)(g) and reg 22(1)(h)).

• Whether an analyst or expert satisfies the "approved" or "properly qualified" condition the Regulations require the certificate to assert (regs 19-25).

• Whether chain of custody was preserved as required by regs 10-13 and 17.

Because the Regulations interact with the Evidence Act 2008 and specify the matters an expert certificate must contain, courts will continue to apply statutory and common law evidentiary principles if and when such disputes are litigated. The absence of reported litigation history in the instrument means practitioners must assume that standard evidentiary attack lines remain available and that observance of the Regulations’ checklists will be critical to preserving evidence in contested proceedings.

Record check: Practitioners should check up‑to‑date legal databases and court lists for any subsequent reported case law addressing these Regulations or their predecessors. The Regulations’ Endnotes refer users to the official Victorian legislation website for current versions and up‑to‑date legislative information (Endnotes, 1).

The Regulations are technical and prescriptive; small procedural lapses can affect admissibility or administrative validity. Key pitfalls to watch for are practical, documentable and repeatable.

Device list is narrow and changeable: Reg 6 prescribes specific breath analyser models by name and serial identification is required on the breath certificate (reg 8(c)). Using a device model not on the prescribed list risks non‑compliance. The list has changed by amendment (S.R. No. 25/2025), which means the list can evolve. Practitioners should ensure devices in current use are on the latest prescribed list.

Strict timing and consumable controls for breath tests: Reg 7(a) requires the authorised operator not to require a breath sample until satisfied the person has not consumed alcohol for at least 15 minutes. Busy enforcement settings may create temptation to shortcut this. Failure to observe the 15‑minute rule, or to provide a fresh sealed mouthpiece (reg 7(b)-(c)), can be a factual basis for an evidentiary attack.

Self and zero test recording: Reg 8(g)-(h) require the breath certificate to include results of self‑tests and zero tests conducted before and after the person’s breath was analysed. Omitting those entries or failing to conduct the tests undermines the prescribed certificate form and may expose the result to attack.

Blood sampling labelling and container specifics: Reg 10 contains several detailed requirements that are easy to overlook. Blood must be split into two dry containers with approximately the same amount; each container must be vacuum sealed or sealed with a septum; each must bear a label stating the specific anticoagulant and preservative and the name of the chemist, laboratory or pharmaceutical organisation that prepared the container (reg 10(1)(a)-(c)). In addition, each container must have a label bearing the collector’s signature, date/time and the name of the person (reg 10(1)(d)). Practitioners have to ensure that containers provided at the sampling site meet all these criteria; a mismatch in anticoagulant notation or missing preparer identification on the container label will be a compliance point.

Different handling requirement for s 31A samples: If a blood sample is taken under s 31A the collector must place both containers into one plastic sample bag and place that bag in a locked receptacle provided at the place the sample was taken (reg 10(3)). This is an extra step that may be overlooked in mobile collection situations and it differs from the handling in other sampling contexts (reg 10(2) simply requires giving containers to a police officer).

Urine sample tamper seals and duplication requirement: Urine must be placed into two dry containers each with tamper‑proof locking seals and each labelled with collector signature, date/time and identifying information (reg 13). Failing to use tamper‑proof seals or to split the sample appropriately is a likely challenge point.

Oral fluid device and testing chain risk: Reg 15(c) requires the oral fluid sample to be tested using the device, or the oral fluid testing unit that is part of the device, that was used to obtain the sample. Testing the sample with a different device or separate laboratory unit risks invalidating the prescribed procedure. In addition, oral fluid samples broken into parts must have each part labelled (reg 17), which is an easily missed chain‑of‑custody step.

Certificate contents must map to identification labels: Multiple certificates (reg 19; reg 20(1)(g); reg 22(1)(d); reg 25(e)) require that the certificate describe the contents of the identification label attached to the container. A common practical failure is that lab reports do not accurately mirror the physical label details. Ensuring the text in the certificate precisely maps to the labelling on the container is essential for the certificate to meet the prescribed form.

Authorisations tied to the Chief Commissioner: The Regulations require statements in certificates about authorisation by the Chief Commissioner of Police (reg 8(b); reg 24(a)). If the necessary written authorisation is not in place or is not current, certificates that purport to rely on such authorisations may be defective.

Surrender of licence to Safe Transport Victoria: Reg 27 requires surrender of a suspended marine licence document to Safe Transport Victoria. The 2025 amendment altered this entry. Practitioners must ensure the surrendered document is delivered to the correct agency; delivering to a different agency may not satisfy the obligation.

Maintenance of sealed consumables and swabs: Reg 9(b)(ii) requires that the swab used to cleanse the puncture site "does not contain ethanol". Using an ethanol‑containing swab will breach the prescription and could justify challenge on contamination grounds. Facilities must stock the appropriate sterile consumables and ensure they are sealed until use (reg 7(c); reg 15(b); reg 16(b)).

Approved analyst and expert status: Certificates require an expressed statement that the analyst or expert is an approved analyst/expert under the relevant sections of the Act or the Road Safety Act (reg 19(a); reg 20(2)(b)(i); reg 22(1)(a); reg 23(a)). Ensuring the analyst’s approval status is current and properly referenced is essential.

Recordkeeping and labelling discipline: The Regulations increase the documentation burden on medical practitioners, police and laboratories. Practical errors,poor handwriting, missing dates/times, mislabelling, or mismatch between the sample label and the certificate,are routine sources of admissibility problems. The requirement for approximate equality of volumes in duplicate containers for blood and urine (regs 10(1)(a), 13(a)) is an objective check that can be recorded at the scene; failing to note disparities may create disputes about tampering or substitution.

In short, the Regulations’ prescriptive detail creates many discrete points of compliance risk. The common theme is that small, procedural lapses are likely to be litigated because the Regulations’ purpose is to improve evidential reliability by specifying technical steps. Practitioners should treat the Regulations as a technical checklist and document adherence at the time of sampling.

Below is a practical compliance checklist grouped by actor. Each step references the regulating provision to map obligations to the text.

For police authorised to operate breath analysers (regs 6-8)

• Ensure the breath analyser model is one of the prescribed devices (reg 6). Check the current prescribed list before deployment. Record serial number for certificate (reg 8(c)).
• Verify authorisation: the operator must be authorised under s 31(3) of the Act and the certificate must state authorisation by the Chief Commissioner of Police (reg 8(b)).
• Wait 15 minutes after last alcohol consumption before requiring a breath sample (reg 7(a)). Record any explanations for delays or noncompliance.
• Use a fresh mouthpiece for each person and ensure mouthpieces are kept in sealed containers until use (reg 7(b)-(c)).
• Conduct and record self‑tests and zero tests before and after the person’s breath test and enter those results on the breath analysis certificate (reg 8(g)-(h)).
• Complete the breath analysis certificate with operator name, instrument serial number, sample number, test location, tested person’s name and DOB where available, date/time and the concentration of alcohol in grams per 210 litres of exhaled air (reg 8).

For registered medical practitioners and approved health professionals taking blood (regs 9-10; reg 18)

• Use venipuncture for blood sampling (reg 9(a)).
• Cleanse puncture site with a swab taken from a sealed container that does not contain ethanol (reg 9(b)(i)-(ii)). Keep the sealed swab packaging.
• Place the blood sample into two dry containers, each with approximately the same amount of blood (reg 10(1)(a)). Use containers provided by an identified chemist or laboratory with anticoagulant/preservative appropriate to the analysis and ensure container labels state the specific anticoagulant and preservative and the lab/chemist/pharmaceutical preparer (reg 10(1)(c)).
• Ensure each container is vacuum sealed or sealed with a septum seal (reg 10(1)(b)).
• Attach a label to each container with collector’s signature, date and time of sampling, and the subject’s identifying information (reg 10(1)(d)).
• If the sample is taken under s 31, 31AB or 31AE give the sample containers to the police officer (reg 10(2)). If taken under s 31A place both containers in one plastic sample bag and place that bag in a locked receptacle provided at the sampling location (reg 10(3)).
• Provide a certificate in the prescribed form confirming compliance with the Regulations and identifying the collector and sampling time (reg 18).

For urine collection (regs 12-13; reg 21-22)

• Use a clean, dry, unused container for the initial collection (reg 12).
• Split the sample into two dry containers, each containing approximately the same amount, and fit each with a tamper‑proof locking seal (reg 13(a)-(b)). Record sealing method and unique seal identifiers if available.
• Attach a label to each container showing the collector’s signature, date/time of collection and the subject’s name or identifying particulars (reg 13(c)).
• Ensure an approved analyst provides a certificate with method of analysis, the name of any substance found, the concentration, approved analyst’s name and signature and a description of the contents of the container identification label (reg 22).

For oral fluid sampling and preliminary testing (regs 14-17; regs 24-25)

• Use only the prescribed oral fluid testing devices (reg 14). Keep an inventory and ensure the devices are within expiry and stored sealed until use.
• Provide a fresh oral fluid collection unit kept in sealed packaging until required (reg 15(a)-(b); reg 16(a)-(b)).
• For preliminary oral fluid tests, test the sample using the same device that obtained the sample (reg 15(c)). Record the device and unit identifiers on the certificate.
• When taking oral fluid samples under s 31AE, attach a label to the sample (or each part) with the police officer’s name and signature, date/time and the person’s identity (reg 17).
• The police officer’s certificate must confirm written authorisation by the Chief Commissioner to take oral fluid samples, compliance with the Regulations and whether the oral fluid test indicated a prescribed illicit drug (reg 24).

For approved analysts and experts (regs 19-25)

• Maintain and be prepared to declare approved analyst status as required by the Act in certificates (reg 19(a); reg 22(1)(a); reg 25(a)).
• Match the certificate’s description of the identification label to the physical label attached to the sample container (reg 19(d); reg 20(1)(g); reg 22(1)(h); reg 25(e)). Preserve chain‑of‑custody documentation linking the sample to the certificate.
• For expert certificates, state qualification, approval status where required, and the expert’s opinion on the usual effects of substances on behaviour (reg 20(2); reg 23). Be aware that courts may require experts to give oral testimony under the Evidence Act 2008 (note under reg 20).

For administrative suspension notices and licence surrender (regs 26-27)

• If issuing a notice of immediate marine licence suspension under s 28C(1), include the prescribed particulars: accused’s name/address, a statement of the offence and for certain offences the alleged alcohol concentration, approximate time and location, name and signature of the person who charged the accused and date the notice was given (reg 26(1)). For suspensions under s 28C(1A) include the particulars listed in reg 26(2).
• If a person is required to surrender their marine licence document under s 61BA(7), ensure the licence document is surrendered to Safe Transport Victoria (reg 27). Keep a receipt or record of surrender and the identity of the receiving officer at Safe Transport Victoria.

General practical measures

• Keep a compliance checklist and a logbook for each sampling episode that records device make and serial number, operator authorisation, time of last alcohol ingestion (where reported), self/zero test results, chain‑of‑custody transfers, sealing methods and identifiers, laboratory receipt details and certificate completion details. These items correspond to requirements across regs 7-13 and 18-25.
• Stock compliant consumables and maintain an inventory of authorised devices and sealed mouthpieces and collection units. The Regulations require sealed consumables (regs 7(c), 15(b), 16(b), 9(b)(i)).
• Train personnel in the differences between sample types and their handling. Note the distinct handling rule for s 31A blood samples (reg 10(3)) and the rule that oral fluid testing must use the device that obtained the sample (reg 15(c)).
• Verify approval and authorisation status for analysts, experts and police officers engaged in sampling and testing. Certificates must state those approvals (regs 19-25; reg 8(b); reg 24(a)).
• Maintain physical copies of the prescribed certificate forms and adapt local evidence management systems to capture the exact prescribed particulars so that the certificate produced will conform to regs 8 and 18-25.
• Monitor legislative updates and the prescribed device list. The 2025 amendment demonstrates that new devices can be added by statutory rule (Table of Amendments; Endnotes).

Document retention and audit

• Retain originals or certified copies of certificates, sample labels and chain‑of‑custody logs for the period required by relevant retention policies and the Act. Although the Regulations do not specify retention periods, preserving these materials is essential for any subsequent legal process.

By mapping each practical step to the cited regulation, practitioners can reduce the risk that an evidential or administrative action will be undermined by procedural non‑compliance.