Law Enforcement (Powers and Responsibilities) Act 2002

A police officer may require a person to whom this Division applies to undertake a breath test, either at or near the scene of the alleged offence or at a police station or other place at which the person is detained in connection with the alleged offence.

A police officer may require a person to whom this Division applies to undertake a breath analysis at a police station or other place at which the person is detained in connection with the alleged offence.

A breath test or breath analysis may only be required to be undertaken under this section within 2 hours after the commission of the alleged offence.

The following provisions of Schedule 3 to the Road Transport Act 2013 apply in relation to a breath test or breath analysis under this section (with any necessary or prescribed modifications)—

the police officers authorised to carry out a breath analysis,

the provision of a statement to the person undertaking the breath analysis as to the concentration of alcohol determined by the analysis,

the issue of evidentiary certificates relating to the breath analysis,

any other provisions prescribed by the regulations.

Evidence of the presence or concentration of any alcohol in an accused’s breath as determined by a breath analysis carried out in accordance with this section may be used only in proceedings for an offence under section 25A(2) of the Crimes Act 1900.