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Medical or physical examination
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29. (1) Where an investigator believes on reasonable grounds that a physical or medical examination of a person who is directly or indirectly involved in the operation of any ship is necessary for the purpose of a marine safety investigation or a preliminary assessment, the investigator may, by notice in writing signed by the investigator, require either or both of the following:
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(a) the person, within such time (not exceeding 12 hours of the issue of the notice in the case of an examination or test for the presence or level, if any, of intoxicants in the person’s blood or urine), and at such place, as is specified in the notice, to submit to a physical or medical examination or to give samples of blood or urine, or both, for analysis or testing, or
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(b) a medical practitioner or other person examining or who has examined a person involved in the operation of a ship or who has analysed or tested samples referred to in paragraph (a), whether at the request of the investigator or otherwise, to provide to the investigator a report on the results of any such examination, analysis or test.
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(2) A medical practitioner may refuse to carry out an examination under subsection (1)(a) on medical grounds.
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(3) Subject to subsection (2), a person who, without reasonable excuse, fails to comply with a notice under subsection (1) commits an offence and is liable on summary conviction to a class D fine.
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(4) In this section, “intoxicants” includes alcohol and drugs and any combination of drugs or of drugs and alcohol.
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