Evidence for alcohol-related matters
130A Evidence for alcohol-related matters
If a member reasonably believes a person in custody under this
Division is intoxicated with alcohol, the member may do any of the following:
require the person to submit to a breath test to determine whether there is alcohol in the person's breath;
require the person to provide a sample of the person's breath for a breath analysis;
take and record the person's name and other information relevant to the person's identification, including photographs, fingerprints and other biometric identifiers.
A breath analysis must be carried out:
by a person authorised to carry out a breath analysis under the
Traffic Act 1987 (an authorised officer); and
using a prescribed breath analysis instrument.
A certificate signed by the authorised officer who carried out a breath test or breath analysis on a person is evidence that there was present in the person's breath the concentration of alcohol stated in the certificate.
A certificate signed by the member who records information about a person's identity is evidence of the matters stated in the certificate.
In this section:
breath analysis, see section 3(1) of the Traffic Act
1987.
breath test, see section 3(1) of the Traffic Act
1987.
prescribed breath analysis instrument, see section 3(1) of the Traffic Act 1987.
This Act’s bill:Second reading speech
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