386GMedical drugs

#### 386G Medical drugs (1) A person who has taken, or who proposes to take, a drug for medical purposes must not come on duty or remain on duty after taking that drug unless: (a) the person has taken reasonable steps to satisfy himself or herself that the drug will not affect, or has ceased to affect, the person’s capacity to perform the duties of his or her position; or (b) the person has given a declaration to an approved person setting out: (i) the circumstances in which the drug was taken, or will be taken; and (ii) the nature and quantity of the drug involved; and (iii) the time or times at which the drug was taken or will be taken. Penalty: Imprisonment for 6 months. (2) If the person referred to in subsection (1): (a) is a seaman other than a master—the person must give the declaration under subsection (1) in writing to the master of the vessel on which the person is performing his or her duties; and (b) is a master—the person may give the declaration either in writing or by radio message or by facsimile or telephone to his or her employers. (3) A declaration made under subsection (1) must not be disclosed to or by a third person except for the purposes of seeking advice concerning the capacity of the person who gave the declaration to carry out the duties of his or her position. Penalty: Imprisonment for 12 months. (4) If a person has given a declaration to another person under subsection (1), that other person must not allow the person who gave the declaration to come on duty or to remain on duty if the person to whom the declaration was made knows, or ought reasonably to have known, that the capacity of the person giving the declaration to carry out the duties of his or her position would be impaired by the drug concerned. Penalty: Imprisonment for 12 months. (5) Subsection (4) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).