{"id":"F2021L00225","name":"Australian Federal Police (Approval of Screening Devices) Instrument 2021","slug":"australian-federal-police-approval-of-screening-devices-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101340,"registerId":"commonwealth-F2021L00225-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Federal Police (Approval of Screening Devices) Instrument 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAustralian Federal Police (Approval of Screening Devices) Instrument 2021\n\nI, Peter Dutton, Minister for Home Affairs, make this instrument under section 40R of the Australian Federal Police Act 1979 (the Act).\n\nDated       3 March 2021  \n\nPeter Dutton\n\nMinister for Home Affairs\n\n \n\n \n\n \n\n1  Name\n\n  This instrument is the Australian Federal Police (Approval of Screening Devices) Instrument 2021.\n\n2  Commencement\n\n  This instrument commences on the day after it is registered.\n\n3  Revocation\n\n  Australian Federal Police Act 1979 - Section 40R - Approval of Screening Device (09/06/2011) is revoked.\n\n4  Approved screening devices\n\n  For subsection 40R(1) of the Act, each of the following devices is an approved screening device:\n\n (a) the Lion Alcolmeter SD-400 breath screening device;\n\n (b) the Alcolizer LE breath screening device;\n\n (c) 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 (i) under the law of a state or territory in which the breath screen is conducted; or\n\n (ii) in an external territory or a foreign country under the law of a state or territory.\n\n \n","sortOrder":0}],"analysis":{"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument only updates the list of approved screening devices and does not change the AFP's alcohol testing powers, procedures or the legal consequences under the Australian Federal Police Act 1979."},"complexity_factors":["Straightforward administrative instrument updating approved equipment","Clear list of devices with a general category for alignment with state and territory laws","Revokes previous instrument without altering the underlying legal powers"],"plain_english_summary":"This instrument updates the Australian Federal Police’s approved breath screening devices under the AFP Act, revoking a 2011 approval. It expressly approves the Lion Alcolmeter SD‑400 and the Alcolizer LE, and permits use of any device a person breathes into if it’s approved for indicating blood alcohol under the law of the state, territory, external territory or foreign country where the test occurs.\n\nIt affects AFP officers who conduct breath screening and anyone required to provide a breath sample; it does not change when tests may be required or their legal consequences."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument expressly revokes the 2011 approval instrument (s3) and replaces the approved‑device list with two named models plus a category for devices approved under state/territory or external/foreign law (s4), thereby altering the set of devices the AFP may rely on compared with the earlier instrument it revokes."},"complexity_factors":["Very short instrument with three operative clauses (name, commencement, revocation) and one substantive list (s1–s4).","Cross-reference to section 40R of the Australian Federal Police Act creates dependency on external statutory power.","Revocation of a prior instrument (s3) requires checking the earlier instrument to trace historical scope changes.","Substantive provision combines specific named devices with a catch‑all category contingent on state/territory or external approvals (s4), introducing interjurisdictional dependency.","No definitions, technical standards, or procedural criteria for approval are set out here—those are handled elsewhere, lowering internal complexity but increasing reliance on external rules."],"plain_english_summary":"This instrument, made by the Minister under section 40R of the Australian Federal Police Act, lists which breath‑screening devices the AFP may use and revokes the 2011 approval instrument (s3, s4). It names two specific models (Lion Alcolmeter SD‑400; Alcolizer LE) and also accepts devices that have been approved under state or territory law, or in an external/foreign territory (s4).\n\nIt affects people subject to AFP alcohol screening and firms supplying devices: naming models constrains AFP procurement while the state‑approval pathway governs market access and compliance burdens (s4)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains the same narrow scope as its predecessor — approving specific breath screening devices for AFP use under section 40R of the AFP Act. The 2021 version simply updates the device list and expands slightly to recognise state/territory approved devices used in external territories or foreign countries, which is a logical extension of the original purpose rather than scope creep."},"complexity_factors":["Very short document (only 4 operative sections)","Only 2 specific devices named, plus a broad deeming provision for state/territory approved devices","No defined terms section","Minimal conditional logic (just location-based conditions in paragraph 4(c))","Single cross-reference to section 40R of the parent Act","Straightforward revocation and replacement structure"],"plain_english_summary":"This document is a formal approval by the Minister for Home Affairs of specific breath-testing devices that Australian Federal Police (AFP) officers can use to check if someone has alcohol in their system.\n\n**What it does:**\n- **Approves two specific breathalysers** for AFP use: the Lion Alcolmeter SD-400 and the Alcolizer LE.\n- **Allows 'borrowing' other approved devices** — AFP officers can also use any breath-testing device that has been approved under state/territory laws, or in external territories or foreign countries under state/territory law.\n\n**Who it affects:**\n- **AFP officers** conducting roadside or workplace alcohol screening.\n- **Anyone stopped by the AFP** for alcohol testing (e.g., at airports, federal buildings, or on federal roads).\n\n**Why it matters:**\nWithout this approval, breath test results from AFP officers might not be legally valid in court. This instrument ensures the devices meet legal standards so that evidence of drink-driving or workplace intoxication can be used in prosecutions or disciplinary proceedings. It also updates the previous 2011 approval by revoking the old list and replacing it with this one."}},"importantCases":[],"_links":{"self":"/api/acts/australian-federal-police-approval-of-screening-devices-instrument-2021","history":"/api/acts/australian-federal-police-approval-of-screening-devices-instrument-2021/history","analysis":"/api/acts/australian-federal-police-approval-of-screening-devices-instrument-2021/analysis","conflicts":"/api/acts/australian-federal-police-approval-of-screening-devices-instrument-2021/conflicts","importantCases":"/api/acts/australian-federal-police-approval-of-screening-devices-instrument-2021/important-cases","documents":"/api/acts/australian-federal-police-approval-of-screening-devices-instrument-2021/documents"}}