Barrister AI
All legislation
SAAct
In force
This is the latest official compilation.Check the official source →
s 41A

Interpretation

In force
Part 6Drug and alcohol testing
Division 2Drug and alcohol testing

41A Interpretation

(1)

In this Division—

alcotest means a test by means of an apparatus of a kind approved for the conduct of alcotests under the

Road Traffic

Act 1961;

biological sample means a sample of blood, urine or oral fluid;

breath analysing instrument means an apparatus of a kind approved as a breath analysing instrument under the

Road Traffic

Act 1961;

breath analysis means an analysis of breath by a breath analysing instrument;

classified appointment or position means an appointment or position in respect of which it is an essential requirement that an applicant for the appointment or position undergo a medical or psychological assessment as part of the application process;

critical incident means an incident where a person is killed or suffers serious bodily injury—

(a)

while detained by a member of SA Police or a police security officer; or

(b)

as a result of the discharge of a firearm or an electronic control device; or

(c)

in circumstances involving a police aircraft, or a police or police security motor vehicle, vessel or other mode of transport; or

(d)

as a result of alleged police action or the actions of a police security officer;

drug means a substance that is a controlled drug under the Controlled Substances

Act 1984;

drug and alcohol testing—see section 41B(1);

drug screening test means a test by means of an apparatus of a kind approved by the regulations for the conduct of drug screening tests;

forensic material means any human material from which the person from whom the material was taken could be identified;

oral fluid includes saliva;

oral fluid analysis means the analysis of a person's oral fluid to determine whether a drug is present in the oral fluid.

(2)

For the purposes of this Division, a person uses a drug if the person—

(a)

consumes, smokes or administers to himself or herself the drug;

or

(b)

permits another person to administer the drug to him or her.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.