Marine Safety Act 1998

An authorised officer may exercise the powers referred to in subclause (2) in relation to an accident participant if—

the accident participant is not an accident hospital patient, and

the authorised officer believes that—

the accident is a fatal accident, or

it is more likely than not that a person will die within 30 days as a consequence of the accident.

An authorised officer may—

arrest the accident participant without warrant, and

take the accident participant (or cause the accident participant to be taken) with such force as may be necessary to a hospital or prescribed place, and

detain the accident participant (or cause the accident participant to be detained) at the hospital or other prescribed place to enable the person to provide blood and urine samples in accordance with this clause.

An authorised officer may require an accident participant who has been arrested under subclause (2) to provide samples of the participant’s blood and urine (whether or not the participant consents to the samples being taken) in accordance with the directions of an authorised sample taker.

An authorised sample taker is under a duty to take the sample if the authorised sample taker is informed by the authorised officer that the sample is required to be taken for the purposes of this clause.

A blood or urine sample taken under this clause may be used for the purpose of conducting an analysis to determine whether the blood or urine contains a drug.

In this clause—

at the time of an accident, was operating a vessel involved in the accident, and

is at least 15 years of age.