WAIn ForceAct
Western Australian Marine Act 1982
Part 3BTesting for alcohol and drugs
Start here
Get a plain-English read of Part 3B
Turn the raw legal text into a practical explanation grounded in Western Australian Marine Act 1982.
Part 3B — Testing for alcohol and drugs
75E. Terms used 107
75EA. Authorised operators for operating breath analysing equipment 109
75EB. Authorised drug testers for operating drug testing devices 109
75EC. Using breath sample to work out BAC 110
75ED. Powers additional to other powers 110
Division 2 — Testing for alcohol
Subdivision 1 — Preliminary breath tests
75EE. General power to require breath sample for preliminary breath test 111
75EF. Power to require breath sample for preliminary breath test following incident 111
75EG. Compliance with requirement 112
Subdivision 2 — Breath analysis or blood samples following preliminary breath test or commission of certain offences
75EH. Power to require breath or blood sample following requirement for preliminary breath test 112
75EI. Power to require breath or blood sample for analysis following commission of certain offences 113
75EJ. Compliance with requirement 114
75EK. Further sample of breath for breath analysis 115
75EL. When inspector or police officer must not impose testing requirement because of physical incapacity 115
75EM. Breath analysis indicates BAC of 0.05 or above 115
Subdivision 3 — Blood samples in other circumstances including following serious incident
75EN. Power to require blood sample in other circumstances 116
75EO. Power to require blood sample following incident occasioning death or serious bodily harm 117
75EP. When inspector or police officer must not require blood sample to be taken 118
75EQ. Compliance with requirement 118
Division 3 — Testing for drugs
Subdivision 1 — Preliminary oral fluid tests
75F. General power to require oral fluid sample for preliminary oral fluid test 119
75FA. Powers to require oral fluid samples for preliminary oral fluid tests 119
75FB. Compliance with requirement 120
Subdivision 2 — Drug testing and blood samples
75FC. Power to require oral fluid sample for drug testing following preliminary oral fluid test 120
75FD. Further sample of oral fluid for drug testing 121
75FE. When inspector or police officer must not impose testing requirement because of physical incapacity 122
75FF. Power to require blood sample instead of oral fluid sample 122
75FG. Compliance with requirement 123
Subdivision 3 — Assessment of drug impairment and related provisions
75FH. Assessments of drug impairment 123
75FI. When inspector or police officer must not impose testing requirement because of physical incapacity 124
75FJ. Power to require blood samples for drug analysis 124
75FK. Compliance with requirement 125
Division 4 — Enforcement powers relating to testing for alcohol and drugs
75G. Requirement to leave vessel, accompany inspector or police officer to place or wait at place 126
75GA. Requirement to stop vessel or navigate to suitable location 127
75GB. Power to board and move vessel 128
75GC. Power to prevent use of vessel by alleged offender 128
75GD. Compliance with requirement 130
75GE. Return of keys to vessel 131
75GF. Prohibiting person from navigating vessel for 24 hours if prescribed illicit drug present 131
75GG. Requirements for prohibition notice 133