{"id":"F2011L01378","name":"Australian Federal Police Act 1979 - Section 40R - Approval of Screening Device (09/06/2011)","slug":"australian-federal-police-act-1979-section-40r-approval-of-screening-device-09-06-2011","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":125648,"registerId":"commonwealth-F2011L01378-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Federal Police Act 1979 - Section 40R - Approval of Screening Device (09/06/2011)","content":"Australian Federal Police Act 1979\n\nSection 40R\n\nApproval of Screening Device\n\nI, Brendan O’Connor, approve under section 40R of the Australian Federal Police Act 1979, the devices in the attached schedule as approved screening devices.\n\nI am of the opinion these devices meet the two requirements established by section 40R of the Australian Federal Police Act 1979. That is, I believe these devices:\n\n-   have been designed and made for the purpose of indicating, when a sample of breath is exhaled into the device, whether alcohol is present in the blood of the person; and\n\n-   are suitable devices for use in tests under sections 40LA, 40M and 40N of the Australian Federal Police Act 1979.\n\nSigned by Brendan O’Connor\n\nMinister for Home Affairs and Justice\n\n9/6/11\n\n  \nSCHEDULE\n\nThe following are approved screening devices for the purposes of section 40R of the Australian Federal Police Act 1979:\n\n1.  the Lion Alcolmeter SD-400 breath screening device;\n2.  the Alcolizer LE breath screening device; and\n3.  a device that is “exhaled into” and has been approved for the purpose of indicating whether alcohol is present in the blood of a person:\n\n(a) under the law of a state or territory in which the breath screen is conducted; or\n\n(b) in an external territory or a foreign country under the law of a state or territory.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1987},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument operates squarely within the framework established by section 40R of the parent Act. While it employs a broad 'recognition' mechanism that defers to state and territory device approvals (avoiding the need to individually list every possible breathalyzer model), this piggybacking approach is consistent with the original legislative intent to ensure interoperability between federal and state police equipment."},"complexity_factors":["Short administrative determination (less than one page)","Minimal conditional logic—only two straightforward criteria to satisfy","Limited cross-referencing (only references to three specific sections of the parent Act)","Simple schedule structure with enumerated list plus a generic catch-all provision for interstate recognition"],"plain_english_summary":"This approval gives Australian Federal Police (AFP) officers the **legal green light** to use specific breath-testing devices to check if someone has alcohol in their blood.\n\n**What it approves:**\n- Two specific breathalyzer models: the **Lion Alcolmeter SD-400** and the **Alcolizer LE**.\n- A handy shortcut: any device already approved under State or Territory laws (or foreign laws, when operating overseas) can also be used by the AFP.\n\n**Why it matters:**\nWithout this approval, breath tests conducted by AFP officers under sections 40LA, 40M, and 40N of the Act would not be legally valid. It ensures roadside and workplace alcohol screening results can be used as evidence."}},"importantCases":[],"_links":{"self":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-09-06-2011","history":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-09-06-2011/history","analysis":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-09-06-2011/analysis","conflicts":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-09-06-2011/conflicts","importantCases":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-09-06-2011/important-cases","documents":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-09-06-2011/documents"}}