Passenger Transport (General) Regulation 2017

A test supervisor or police officer may require a transport safety employee to submit to a breath analysis in accordance with the directions of the test supervisor or police officer if—

it appears to the test supervisor or police officer, as a result of a breath test or an assessment under this Regulation, that the prescribed concentration of alcohol may be present in the employee’s breath or blood, or

the employee is required by a test supervisor or police officer to undergo a breath test or submit to an assessment under this Regulation and the employee refuses or fails to do so in accordance with the directions of the test supervisor or police officer.

If a police officer is entitled to require a transport safety employee to submit to a breath analysis, the police officer may—

arrest the employee without warrant, and

take the employee, using necessary force, to a police station or another place the police officer reasonably requires, and

detain the employee at the police station or other place for the purposes of the breath analysis.

If a test supervisor is entitled to require a transport safety employee to submit to a breath analysis, the test supervisor may direct the employee to attend and submit to a breath analysis—

at the nearest police station or another place the test supervisor reasonably requires, and

within a reasonable time required by the test supervisor.

A breath analysis must be carried out by—

a police officer authorised by the Commissioner of Police to carry out a breath analysis, or

a test supervisor.

As soon as practicable after a transport safety employee has submitted to a breath analysis, the test supervisor or police officer operating the breath analysing instrument must deliver to the employee and the operator who employed or contracted the employee a written statement signed by the test supervisor or police officer.

The written statement referred to in subclause (5) must specify—

the concentration of alcohol determined by the analysis to be present in the employee’s breath or blood and expressed in grams of alcohol in 210 litres of breath or 100 millilitres of blood, and

the date and time the breath analysis was completed.

A transport safety employee who is required to submit to a breath analysis by a test supervisor or police officer may request the test supervisor or police officer to arrange for a sample of the employee’s blood to be taken for analysis, in the presence of a test supervisor of police officer and at the employee’s own expense, by—

a medical practitioner nominated by the employee, or

if the employee requests, an authorised sample taker nominated by the test supervisor or police officer.

Making a request under subclause (7) or taking a sample of an employee’s blood does not remove the obligation that the employee submit to a breath analysis in accordance with this clause.