Marine (Drug, Alcohol and Pollution Control) Regulations 2022
S.R. No. 40/2022
Version incorporating amendments as at
6 May 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provision 1
3 Commencement 1
4 Revocations 2
5 Definition 2
Part 2—Alcohol and drug testing 3
6 Prescribed breath test devices 3
7 Procedure for breath analysis 3
8 Breath analysis certificate 4
9 Procedure for obtaining blood sample 5
10 Procedure after taking blood sample 5
11 Particulars of report of assessment of drug impairment 6
12 Procedure for collecting urine sample 8
13 Procedure after collecting urine sample 8
14 Oral fluid testing devices 9
15 Procedure for carrying out preliminary oral fluid test 9
16 Procedure for taking oral fluid samples under section 31AE of the Act 10
17 Procedure after taking oral fluid sample 10
18 Prescribed form of certificate under section 32(3) of the Act 11
19 Prescribed form of certificate under section 32(4) of the Act 11
20 Evidentiary provisions for blood tests 12
21 Certificate under section 32A(3) of the Act 14
22 Certificate under section 32A(4) of the Act 14
23 Certificate under section 32A(5) of the Act 15
24 Certificate under section 32B(3) of the Act 15
25 Certificate under section 32B(4) of the Act 16
Part 3—Suspension of marine licences 17
26 Notice of immediate marine licence suspension 17
27 Suspended marine licence document to be surrendered to Safe Transport Victoria 18
═════════════
Endnotes 19
1 General information 19
2 Table of Amendments 21
3 Explanatory details 22
Version No.002
Marine (Drug, Alcohol and Pollution Control) Regulations 2022
S.R. No. 40/2022
Version incorporating amendments as at
6 May 2025
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to prescribe devices and procedures for obtaining evidence in relation to the presence of alcohol or any other drug in breath, blood or urine samples; and
(b) to prescribe matters in relation to the suspension of marine licences; and
(c) to prescribe other matters authorised under the Marine (Drug, Alcohol and Pollution Control) Act 1988.
2 Authorising provision
These Regulations are made under section 105 of the Marine (Drug, Alcohol and Pollution Control) Act 1988.
3 Commencement
These Regulations come into operation on 10 June 2022.
4 Revocations
The following Regulations are revoked—
(a) the Marine (Drug, Alcohol and Pollution Control) Regulations 2012[1];
(b) the Marine (Drug, Alcohol and Pollution Control) Amendment Regulations 2012[2];
(c) the Marine (Drug, Alcohol and Pollution Control) Amendment Regulations 2013[3];
(d) the Marine (Drug, Alcohol and Pollution Control) Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013[4];
(e) the Marine (Drug, Alcohol and Pollution Control) Amendment Regulations 2016[5];
(f) the Marine (Drug, Alcohol and Pollution Control) Amendment Regulations 2017[6].
5 Definition
In these Regulations—
theAct means the Marine (Drug, Alcohol and Pollution Control) Act 1988.
Part 2—Alcohol and drug testing
6 Prescribed breath test devices
For the purposes of section 29(1) of the Act, the prescribed devices are the breath testing devices known as—
(a) the lion alcolmeter SD-400 Touch; and
(b) the lion alcolmeter SD-400PA; and
Reg. 6(c) amended by S.R. No. 25/2025 reg. 3(a).
(c) the Alcolizer LE; and
Reg. 6(d) inserted by S.R. No. 25/2025 reg. 3(b).
(d) the Dräger Alcotest 7000, also known as the Draeger Alcotest 7000.
7 Procedure for breath analysis
It is a requirement for the proper operation of a breath analysing instrument that a person authorised under section 31(3) of the Act to operate a breath analysing instrument—
(a) does not require a person to provide a breath sample for analysis until the authorised person is satisfied that the person has not consumed any alcohol for a period of at least 15 minutes before the analysis; and
(b) provides a fresh mouthpiece for use by each person required to provide a breath sample; and
(c) provides a mouthpiece which, until required for taking a breath sample, has been kept in a sealed container.
8 Breath analysis certificate
For the purposes of section 31(4) of the Act, a certificate in the prescribed form is a certificate that contains the following—
(a) the name of the person who operates the breath analysing instrument;
(b) a statement by the person who operates the breath analysing instrument that they are authorised to operate the breath analysing instrument by the Chief Commissioner of Police;
(c) the serial number of the breath analysing instrument used to conduct the breath analysis;
(d) the sample number;
(e) the location of where the test was conducted;
(f) the name and date of birth of the person whose breath was analysed;
(g) the results of the self-tests conducted using the breath analysing instrument before and after the person's breath was analysed;
(h) the results of zero tests conducted using the breath analysing instrument before and after the person's breath was analysed;
(i) the date and time the person's breath was analysed;
(j) the concentration of alcohol in grams per 210 litres of exhaled air present in the breath sample furnished by the person whose breath was analysed.
9 Procedure for obtaining blood sample
If a blood sample is taken for the purposes of the Act by a registered medical practitioner or an approved health professional—
(a) the sample must be obtained by venipuncture; and
(b) the site of the puncture must be cleansed with a swab taken from a container that—
(i) appears to be sealed against contamination; and
(ii) does not contain ethanol.
10 Procedure after taking blood sample
(1) A registered medical practitioner or an approved health professional who takes a blood sample for the purposes of the Act must ensure that—
(a) the sample of blood is placed in 2 dry containers, each containing approximately the same amount of blood; and
(b) each container is vacuum sealed or sealed with a septum seal; and
(c) each container in which the sample is placed bears a label stating—
(i) the specific anticoagulant and the specific preservative that the container holds; and
(ii) the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and
(d) each container has attached to it a label bearing—
(i) the signature of the registered medical practitioner or approved health professional; and
(ii) the date and time the sample was taken; and
(iii) the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken.
(2) If a blood sample is taken under section 31, 31AB or 31AE of the Act, the registered medical practitioner or approved health professional must give the sample containers to a police officer.
(3) If a blood sample is taken under section 31A of the Act, the registered medical practitioner or approved health professional must ensure that—
(a) both sample containers are placed and sealed in one plastic sample bag; and
(b) that plastic sample bag is placed in a locked receptacle provided for that purpose at the place at which the sample was taken.
11 Particulars of report of assessment of drug impairment
For the purposes of section 31AB(6) of the Act, the prescribed particulars are the following—
(a) particulars of the identity of the person on whom the assessment was carried out, including, if known, the person's name, address, date of birth and gender;
(b) the date and time at which the person underwent the assessment;
(c) the place at which the person underwent the assessment;
(d) the time (if any) reported to the police officer carrying out the assessment as the latest time the person was the operator, master or pilot or was the occupant of a vessel;
(e) whether the person underwent a preliminary breath test in accordance with section 29 of the Act or furnished a sample of breath for analysis by a breath analysing instrument in accordance with section 31 of the Act and, if so, the result of the test or analysis, if known;
(f) the record of interview of the person carried out by the police officer carrying out the assessment;
(g) particulars of any medical treatment sought by or for the person;
(h) any statements made by the person concerning a drug or drugs;
(i) any observations made by the police officer carrying out the assessment of the person in relation to the following—
(i) any apparent injury or illness of the person;
(ii) whether the person smelt of intoxicating liquor;
(iii) the person's speech;
(iv) the person's eyes;
(v) the person's breathing;
(vi) the person's skin;
(vii) the person's movement;
(viii) the person's balance;
(ix) the state of the person's clothing;
(x) the person's actions;
(xi) the person's demeanour;
(xii) any physical signs of drug use by the person;
(xiii) the person's ability to comprehend instructions;
(xiv) the person's ability to divide attention;
(xv) whether the person, during the assessment, exhibited signs that indicated that the person was impaired by a drug or drugs;
(j) whether the assessment, in the opinion of the police officer carrying it out, indicates that the person may be impaired by a drug or drugs;
(k) the name, rank, station and signature of the police officer carrying out the assessment.
12 Procedure for collecting urine sample
A registered medical practitioner or an approved health professional who collects a urine sample for the purposes of the Act must ensure that the sample is collected in a container which is clean and dry and which has not previously been used.
13 Procedure after collecting urine sample
A registered medical practitioner or an approved health professional who collects a urine sample must ensure that
(a) the urine sample is placed in 2 dry containers, each containing approximately the same amount of urine; and
(b) each container is fitted with a tamper-proof locking seal; and
(c) each container has attached to it a label bearing—
(i) the signature of the registered medical practitioner or approved health professional who collected the urine sample; and
(ii) the date and time the sample was collected; and
(iii) the name of the person from whom the sample was collected or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was collected.
14 Oral fluid testing devices
(1) For the purposes of section 31AD of the Act, the prescribed device is the oral fluid testing device known as the SECURETEC DRUGWIPE TWIN or the SECURETEC DRUGWIPE II TWIN.
(2) For the purposes of section 31AE of the Act, the prescribed device is the oral fluid testing device known as the SECURETEC DRUGWIPE II TWIN COMBO.
15 Procedure for carrying out preliminary oral fluid test
For the purposes of section 31AD(2) of the Act, the prescribed procedure for carrying out a preliminary oral fluid test is that the police officer who conducts the test—
(a) provides a fresh oral fluid collection unit for use by a person required to provide a preliminary oral fluid sample; and
(b) uses only an oral fluid collection unit that, until required for taking the oral fluid sample, has been kept in a sealed container; and
(c) tests the oral fluid sample by using the device, or the oral fluid testing unit that is part of the device, that was used to obtain the sample.
16 Procedure for taking oral fluid samples under section 31AE of the Act
For the purposes of section 31AE(3) of the Act, the prescribed procedure is that the police officer who takes the oral fluid sample—
(a) provides a fresh oral fluid collection unit for use by each person required to provide an oral fluid sample; and
(b) uses only an oral fluid collection unit which, until required for taking the oral fluid sample, has been kept in a sealed container.
17 Procedure after taking oral fluid sample
A police officer who takes a sample of oral fluid under section 31AE of the Act must ensure that the sample or, if the sample is broken into parts, each part has attached to it a label bearing—
(a) the name and signature of the police officer who took the oral fluid sample; and
(b) the date and time the sample was taken; and
(c) the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken.
18 Prescribed form of certificate under section 32(3) of the Act
For the purposes of section 32(3) of the Act, the prescribed form for a certificate is a certificate that contains the following—
(a) a statement by the registered medical practitioner or approved health professional that the taking of the blood sample complies with the requirements of these Regulations;
(b) the name of the person from whom the blood sample was taken;
(c) the date and time the blood sample was taken;
(d) the name and signature of the registered medical practitioner or approved health professional who took the blood sample.
19 Prescribed form of certificate under section 32(4) of the Act
For the purposes of section 32(4) of the Act, a certificate in the prescribed form is a certificate that contains the following—
(a) a statement by the approved analyst that the person is an approved analyst within the meaning of section 32(1) of the Act;
(b) a statement as to the concentration of alcohol found in the blood sample;
(c) a statement as to the method of analysis used;
(d) the information set out on the identification label referred to in regulation 10(1)(d) that is attached to the container in which the blood sample is placed;
(e) the date on which the analysis was conducted;
(f) the name and signature of the approved analyst.
20 Evidentiary provisions for blood tests
(1) For the purposes of section 32(2) of the Act, a certificate purporting to be signed by a properly qualified analyst as to the presence in any sample of blood analysed by the analyst of a substance that is, or is capable of being, a drug for the purposes of the Act is to contain the following information—
(a) the name and signature of the properly qualified analyst;
(b) a statement by the analyst that—
(i) the analyst is a properly qualified analyst within the meaning of section 32(1) of the Act; and
(ii) the analyst has specialised knowledge based on their training, study or experience as specified in the certificate;
(c) a statement as to the method of analysis used;
(d) a statement that a substance that is, or is capable of being, a drug for the purposes of the Act was present in the sample of blood analysed;
(e) the name of the substance found to be present in the sample of blood analysed;
(f) the date on which the analysis was conducted;
(g) a description of the contents of the identification label referred to in regulation 10(1)(d) attached to the container in which the blood sample is placed.
(2) For the purposes of section 32(2) of the Act, a certificate purporting to be signed by an expert as to their opinion on the usual effect of a specified substance or substances on behaviour when consumed or used is to contain the following information—
(a) the name and signature of the expert;
(b) a statement by the expert—
(i) if it is the case, that the expert is an approved expert within the meaning of section 57A of the Road Safety Act 1986; and
(ii) that the expert has specialised knowledge based on their training, study or experience as specified in the certificate;
(c) a statement as to the expert's opinion as to the usual effect of the substance or substances on behaviour when consumed or used, including the effect on—
(i) in the case of a person operating a vessel, the person's ability to operate the vessel properly; and
(ii) in the case of a master or pilot, the person's ability to direct the proper operation of the vessel.
Note
Section 177 of the Evidence Act 2008 provides for certificates of expert evidence to be given and circumstances in which the expert may be required to give evidence.
21 Certificate under section 32A(3) of the Act
For the purposes of section 32A(3) of the Act, the prescribed particulars are the following—
(a) a statement by the registered medical practitioner or approved health professional as to whether the requirements of the Act and these Regulations for the collection of urine samples have been complied with;
(b) the name of the person from whom the urine sample was collected or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was collected;
(c) the date and time the urine sample was collected;
(d) the name and signature of the registered medical practitioner or approved health professional who collected the urine sample.
22 Certificate under section 32A(4) of the Act
For the purposes of section 32A(4) of the Act, the prescribed particulars are the following—
(a) a statement by the approved analyst that they are an approved analyst within the meaning of section 32A(1) of the Act;
(b) a statement as to the method of analysis used;
(c) a statement that a substance that is, or is capable of being, a drug for the purposes of the Act was present in the urine sample analysed;
(d) the name of the substance found to be present in the urine sample analysed;
(e) the concentration of the substance found to be present in the urine sample analysed;
(f) the name and signature of the approved analyst;
(g) the date on which the analysis was conducted;
(h) a description of the contents of the identification label referred to in regulation 13(c) attached to the container in which the urine sample is placed.
23 Certificate under section 32A(5) of the Act
For the purposes of section 32A(5) of the Act, the prescribed particulars are the following—
(a) a statement by the approved expert that they are an approved expert within the meaning of section 32A(1) of the Act;
(b) a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used in that concentration (including the effect of the substance or substances on a person's ability either to operate a vessel underway or direct the proper operation of a vessel);
(c) the name and signature of the approved expert.
24 Certificate under section 32B(3) of the Act
For the purposes of section 32B(3) of the Act, the prescribed particulars are the following—
(a) a statement by the police officer who carried out the oral fluid test that the police officer is authorised in writing by the Chief Commissioner of Police to take an oral fluid sample within the meaning of section 31AE of the Act;
(b) a statement as to whether the requirements of these Regulations for the taking and testing of oral fluid samples have been complied with;
(c) a statement as to whether the result of the oral fluid tested indicated the oral fluid sample provided by the person contained a prescribed illicit drug;
(d) the name of the person from whom the oral fluid sample was taken;
(e) the date and time the oral fluid sample was taken;
(f) the name and signature of the police officer who took the oral fluid sample.
25 Certificate under section 32B(4) of the Act
For the purposes of section 32B(4) of the Act, the prescribed particulars are the following—
(a) a statement by the approved analyst that the person is an approved analyst within the meaning of section 32B(1) of the Act;
(b) a statement as to the method of analysis used;
(c) the name and signature of the approved analyst;
(d) the date on which the analysis was conducted;
(e) a description of the contents of the identification label referred to in regulation 17 that was attached to the part of the oral fluid sample received for analysis.
Part 3—Suspension of marine licences
26 Notice of immediate marine licence suspension
(1) For the purposes of section 28C(1) of the Act, the prescribed particulars are the following—
(a) the name and address of the accused;
(b) a statement of the offence with which the accused is charged and, in the case of an offence under section 28(1)(b), (e) or (f) of the Act, the alleged concentration of alcohol in the blood or breath (as the case requires) of the accused;
(c) the approximate time and location at which the offence with which the accused is charged is alleged to have been committed;
(d) the name and signature of the person who charged the accused;
(e) the date on which the notice was given to the accused.
(2) For the purposes of section 28C(1A) of the Act, the prescribed particulars are the following—
(a) the name and address of the accused;
(b) a statement of the offence with which the accused is charged;
(c) the approximate time and location at which the offence with which the accused is charged is alleged to have been committed;
(d) the name and signature of the person who charged the accused;
(e) the date on which the notice was given to the accused.
Reg. 27 (Heading) amended by S.R. No. 25/2025 reg. 4(1).
27 Suspended marine licence document to be surrendered to Safe Transport Victoria
Reg. 27 amended by S.R. No. 25/2025 reg. 4(2).
For the purposes of section 61BA(7) of the Act, a person to whom section 61BA(1) of the Act applies must surrender the person's marine licence document to Safe Transport Victoria.
═════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Marine (Drug, Alcohol and Pollution Control) Regulations 2022, S.R. No. 40/2022 were made on 7 June 2022 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 105 of the Marine (Drug, Alcohol and Pollution Control) Act 1988, No. 52/1988 and came into operation on 10 June 2022: regulation 3.
The Marine (Drug, Alcohol and Pollution Control) Regulations 2022 will sunset 10 years after the day of making on 7 June 2032 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Marine (Drug, Alcohol and Pollution Control) Regulations 2022 by statutory rules, subordinate instruments and Acts.