Victorian Numbered Regulations

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MARINE (DRUG, ALCOHOL AND POLLUTION CONTROL) REGULATIONS 2022 (SR NO 40 OF 2022) - REG 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.



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