{"id":"F2010L02686","name":"Australian Federal Police Act 1979 - Section 40R - Approval of Screening Device (21/09/2010)","slug":"australian-federal-police-act-1979-section-40r-approval-of-screening-device-21-09-2010","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":84643,"registerId":"commonwealth-F2010L02686-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Federal Police Act 1979 - Section 40R - Approval of Screening Device (21/09/2010)","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 the breath of a person is exhaled into the device whether alcohol is present in the blood of that person; and\n\n-   are suitable devices for use in tests under section 40LA of the Australian Federal Police Act 1979.\n\nSigned by Brendan O’Connor\n\nMinister for Home Affairs\n\n21/9/10\n\n  \nSCHEDULE\n\nThe following are approved screening devices for the purposes of s 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.\n\nInitialled by Brendan O’Connor,\n\n21/9/10","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1465},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This approval operates strictly within the boundaries of section 40R, which specifically empowers the Minister to approve screening devices for AFP use. The scope remains limited to breath testing equipment authorisation and has not expanded beyond the original legislative intent."},"complexity_factors":["Single operational provision (approval of devices) with no subsections or conditional logic","Only two external cross-references (sections 40R and 40LA)","Simple schedule format listing just three categories of approved equipment","Incorporation of external law (state/territory approvals) by reference without complex conditions"],"plain_english_summary":"This ministerial approval authorises the Lion Alcolmeter SD-400, the Alcolizer LE, and any breath-testing device already approved under an Australian state or territory law for use by the Australian Federal Police. It confirms these devices are suitable for preliminary alcohol screening and ensures their breath-test results can be used as evidence by the AFP.\n\nBy recognising state/territory approvals, the instrument lets AFP officers rely on locally authorised devices without separate federal listing."}},"importantCases":[],"_links":{"self":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-21-09-2010","history":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-21-09-2010/history","analysis":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-21-09-2010/analysis","conflicts":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-21-09-2010/conflicts","importantCases":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-21-09-2010/important-cases","documents":"/api/acts/australian-federal-police-act-1979-section-40r-approval-of-screening-device-21-09-2010/documents"}}