33A Avoidance of certain provisions in contracts of S. 33A insurance inserted by No. 20/1993 s. 11. (1) Any covenant, term, condition, or other provision S. 33A(1) amended by of a contract or other agreement is void to the Nos 94/2003 extent that it purports to exclude or limit the s. 34(13), 65/2010 s. 389, liability of an insurer under a contract of insurance 55/2017 s. 40. in the event of the master of a vessel having a concentration of alcohol present in his or her breath or blood as indicated by an analysis of his or her breath or blood of not more than grams 0∙05 per 210 litres of exhaled air or 100 millilitres of blood (as the case requires). (2) Subsection (1) applies to a contract of insurance whether entered into before or after the commencement of section 11 of the Marine (Amendment) Act 1993. 33B Prohibited analysis S. 33B inserted by No. 66/2012 (1) In this section— s. 17. has the meaning given by DNA database section 464(2) of the Crimes Act 1958; means a sample of blood, urine or Part 4 sample oral fluid taken from, or furnished or provided by, a person under this Part; in relation to an analysis of a permitted purpose, Part 4 sample, means the purpose of determining— (a) whether alcohol or any other drug is present in the sample; or (b) the level of concentration in which alcohol or any other drug is present in the sample;
S. 33A inserted by No. 20/1993 s. 11. 33A Avoidance of certain provisions in contracts of insurance S. 33A(1) amended by Nos 94/2003 s. 34(13), 65/2010 s. 389, 55/2017 s. 40. (1) Any covenant, term, condition, or other provision of a contract or other agreement is void to the extent that it purports to exclude or limit the liability of an insurer under a contract of insurance in the event of the master of a vessel having a concentration of alcohol present in his or her breath or blood as indicated by an analysis of his or her breath or blood of not more than 0∙05 grams per 210 litres of exhaled air or 100 millilitres of blood (as the case requires). (2) Subsection (1) applies to a contract of insurance whether entered into before or after the commencement of section 11 of the Marine (Amendment) Act 1993. S. 33B inserted by No. 66/2012 s. 17. 33B Prohibited analysis (1) In this section— DNA database has the meaning given by section 464(2) of the Crimes Act 1958; Part 4 sample means a sample of blood, urine or oral fluid taken from, or furnished or provided by, a person under this Part; permitted purpose, in relation to an analysis of a Part 4 sample, means the purpose of determining— (a) whether alcohol or any other drug is present in the sample; or (b) the level of concentration in which alcohol or any other drug is present in the sample;
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