31Regulations

### 31 Regulations > *\[Section 31 Amended by No. 83 of 1978, s. 7 \]**\[Section 31 Amended by No. 44 of 1991, s. 14 \]*[*\[Section 31 Substituted by No. 25 of 2006, Sched. 2, Applied:23 Dec 2006\]*](/view/html/inforce/2006-12-23/act-2006-025#JS2@Ja3@GC3@Hpa@EN) > > > (1)  The Governor may make regulations under this Act and, in addition to any other purposes for which those regulations may be made, any such regulations may – > > > > > > (a) [*\[Section 31 Subsection (1) amended by No. 38 of 2017, s. 54, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS54@Hpa@EN) prescribe the functions of an approved analyst in relation to the matters mentioned in [section 3(4)](#GS3@Gs4@EN) ; > > > > > > > (b) prescribe the manner in which breath analysing instruments are to be tested, maintained, or used and the operations to be undertaken, or the precautions to be observed, in relation thereto; > > > > > > > (c) [*\[Section 31 Subsection (1) amended by No. 38 of 2017, s. 54, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS54@Hpb@EN) impose duties on approved operators in relation to the maintenance, testing, or use of breath analysing instruments and require them to comply with instructions given by an approved analyst in relation to any matter prescribed in relation thereto; > > > > > > > (d) require the making and keeping of records in relation to the maintenance, testing, or use of breath analysing instruments; > > > > > > > (e) prescribe the qualifications to be possessed by, or the training to be undergone, by police officers who are authorized by the Commissioner of Police to operate breath analysing instruments; > > > > > > > (f) prescribe the manner in which samples of blood are to be taken for the purposes of this Act, whether in relation to the nature or amount of the blood so taken or otherwise; > > > > > > > (g) [*\[Section 31 Subsection (1) amended by No. 38 of 2017, s. 54, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS54@Hpc@EN) prescribe the fees to be paid to qualified persons in respect of the taking of samples of blood, or the carrying out of medical examinations, for the purposes of this Act; and > > > > > > > (h) require the issue of certificates with respect to any test carried out on a breath analysing instrument and prescribe the particulars to be contained in any such certificate; and > > > > > > > (i) [*\[Section 31 Subsection (1) amended by No. 38 of 2017, s. 54, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS54@Hpd@EN) .  .  .  .  .  .  .  .   > > > (2)  If the Related Act expressly or impliedly provides, a regulation made pursuant to [subsection (1)](#GS31@Gs1@EN) for in respect of any provision or matter under this Act may also be used and have application for the purposes of a corresponding provision or matter under the Related Act and, to that end, the regulation may, if necessary or expedient, be modified or adapted so as to enable the regulation to have such use or application. > > > (3)  The regulations may be made so as to apply differently according to such factors as are specified in the regulations. > > > (4)  [*\[Section 31 Subsection (4) amended by No. 38 of 2017, s. 54, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS54@Hpe@EN) The regulations may authorise any matter to be from time to time determined by the Commissioner of Police or an approved analyst. > > > (5)  In this section – > > > > > ***Related Act*** means the [Marine Safety (Misuse of Alcohol) Act 2006](/view/html/inforce/2026-04-12/act-2006-025) .