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Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40E: Failure or refusal to permit blood specimen to be taken

You could also call this:

"Breaking the law by not letting someone take a blood test when asked"

Illustration for Maritime Transport Act 1994

If you are a seafarer, you commit an offence if you fail or refuse to let someone take a blood specimen after being asked to do so under section 40L by an enforcement officer. You also commit an offence if you fail or refuse to let a medical practitioner or medical officer take a blood specimen without delay after being asked to do so under section 40L. If you are a seafarer and you refuse to let a medical practitioner or medical officer take a blood specimen under section 40M, you commit an offence. If you are convicted of this offence, you could be imprisoned for up to 12 months or fined up to $10,000. You must follow the rules and let the blood specimen be taken when asked to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689968.

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Part 4ARegulation of alcohol consumption by seafarers

40EFailure or refusal to permit blood specimen to be taken

  1. A seafarer commits an offence if the seafarer—

  2. fails or refuses to permit a blood specimen to be taken after having been required to do so under section 40L by an enforcement officer; or
    1. fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 40L by a medical practitioner or medical officer; or
      1. is a person from whom a medical practitioner or medical officer may take a blood specimen under section 40M and refuses or fails to permit a medical practitioner or medical officer to take a blood specimen.

        1. If a seafarer is convicted of an offence against subsection (1), the maximum penalty is imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000.

        Compare
        Notes
        • Section 40E: inserted, on , by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).