Conduct of preliminary alcohol or drug test in cross‑border region
41 Conduct of preliminary alcohol or drug test in cross‑border region
This section applies if a police officer of the State requires a person in a part of the State that is in a cross‑border region to provide a sample of breath or oral fluid for a preliminary alcohol or drug test under the State’s drink or drug‑driving laws.
If —
the person is required to provide the sample in accordance with the testing procedures under another participating jurisdiction’s drink or drug‑driving laws; and
the region is partly in that other jurisdiction,
the person is taken to be required to provide the sample in accordance with the testing procedures under the State’s drink or drug‑driving laws.
If —
the sample is tested in accordance with the testing procedures for a preliminary alcohol or drug test under another participating jurisdiction’s drink or drug‑driving laws; and
the region is partly in that other jurisdiction,
the sample is taken to have been tested in accordance with the testing procedures for a preliminary alcohol or drug test under the State’s drink or drug‑driving laws.
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