{"id":"tas:sr-2010-105","name":"Road Safety (Alcohol and Drugs) (Approval of Instruments) Notice 2010","slug":"road-safety-alcohol-and-drugs-approval-of-instruments-notice-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"105 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314794,"registerId":"tas-tas:sr-2010-105-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This notice may be cited as the [Road Safety (Alcohol and Drugs) (Approval of Instruments) Notice 2010](/view/html/inforce/2026-04-12/sr-2010-105) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This notice takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Approval of breath testing device","content":"### 3 Approval of breath testing device\n\n> The device specified in [Schedule 1](#JS1@EN) to this notice is approved for use in the carrying out of breath tests under the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) .","sortOrder":2},{"sectionNumber":"SCHEDULE 1 - Device Approved f","sectionType":"part","heading":"SCHEDULE 1 - Device Approved for Use in the Carrying Out of Breath Tests","content":"# SCHEDULE 1 - Device Approved f SCHEDULE 1 - Device Approved for Use in the Carrying Out of Breath Tests\n\n[Clause 3](#GS3@EN)\n\n> **1.**   The device under the brand name of \"ENVITEC\" which bears on its body the name \"ENVITEC ALCOQUANT\".\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 3 November 2010\n\nThis notice is administered in the Department of Police and Emergency Management.","sortOrder":3}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The notice appears to have remained consistent with its original intent since commencement in November 2010, serving solely as an administrative instrument to approve specific testing devices under the parent road safety legislation."},"complexity_factors":["Very narrow administrative scope — purely an approval notice, not substantive law","No operative provisions visible in the extracted text, making full assessment difficult","Relies on understanding of the parent Act (Road Safety (Alcohol and Drugs) Act) to appreciate its purpose","Minimal technical or legal detail present in the available text"],"plain_english_summary":"## Road Safety (Alcohol and Drugs) (Approval of Instruments) Notice 2010\n\nThis is a **Tasmanian government notice** that formally approves specific devices or instruments used to test drivers for alcohol and drugs on Tasmanian roads.\n\n**What does it actually do?**\nUnder Tasmania's road safety laws, police can only use breathalysers and drug-testing equipment that have been **officially approved** by the government. This notice is the legal document that grants that approval — essentially giving the green light to specific testing devices.\n\n**Who does it affect?**\n- **Drivers in Tasmania** — if you are breath-tested or drug-tested by police, the device used must be one approved under a notice like this. If it isn't, the test result could be challenged in court.\n- **Police officers** — they can only use approved devices when testing drivers.\n- **Courts** — test results from approved instruments carry legal weight in drink/drug driving prosecutions.\n\n**Why does it matter?**\nIf a testing device isn't properly approved, any evidence gathered using it might not be admissible (accepted) in court. This protects people from being convicted based on results from unreliable or unauthorised equipment.\n\n**Note:** The notice has been in force since November 2010 and has not been repealed as of the most recent access date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"The 'current from 3 November 2010 to date' language implies no substantive changes since commencement, yet a file modification date of 5 June 2019 suggests administrative or substantive changes occurred. The Table of Amending Instruments hyperlink further implies amendments exist. This is potentially misleading to readers relying on the currency statement.","confidence":0.55,"description":"The legislation states it is 'current from 3 November 2010 to date' yet also states 'File last modified 5 June 2019', creating an internal tension: if no amendments are reflected after 2010, why was the file modified in 2019? If amendments were made, the 'to date' currency claim may be misleading."},{"type":"other","section":"Document structure / Headers","severity":"low","reasoning":"An authoritative legal instrument with duplicated headings raises a question of which instance constitutes the operative provision. In a strict statutory interpretation context, duplicated section headings could be argued to create two separate operative provisions, potentially requiring both to be satisfied or reconciled.","confidence":0.45,"description":"The document contains wholesale duplication of every heading and section title (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). While likely a rendering or markup error, if this document is the authoritative legal instrument, the duplication creates ambiguity about which instance of a heading governs and whether the content beneath each duplicate is identical or subtly different."},{"type":"self_contradicting","section":"Currency of version","severity":"medium","reasoning":"The co-existence of a 'Table of Amending Instruments' link, a 2019 modification date, and a 'current to date' (2026) claim cannot all be simultaneously true without explanation. If amendments exist post-2019, the file modification date is wrong. If no amendments exist, the Table of Amending Instruments is a nullity. The instrument does not resolve this tension.","confidence":0.6,"description":"The document was 'accessed 8 April 2026 at 1:36' yet the file was 'last modified 5 June 2019'. If the legislation purports to be current 'to date' (i.e., April 2026), but has not been modified since June 2019, and a Table of Amending Instruments exists, there is a logical impossibility: either the instrument has been amended (in which case the file should reflect post-2019 changes) or it has not (in which case the Table of Amending Instruments is superfluous and potentially misleading)."}],"contradictions":[{"severity":"low","section_a":"Currency of version — 'Version current from 3 November 2010 to date'","section_b":"Authorisation — 'File last modified 5 June 2019'","confidence":0.6,"description":"The instrument claims to be current from its 2010 commencement 'to date' (implying no changes), while simultaneously disclosing a 2019 file modification date, implying a change did occur. These two statements are mutually inconsistent as to whether the instrument has been altered since commencement."},{"severity":"medium","section_a":"Status Information — Table of Amending Instruments (hyperlink present)","section_b":"Currency of version — 'Version current from 3 November 2010 to date'","confidence":0.65,"description":"The existence of a dedicated 'Table of Amending Instruments' strongly implies that amending instruments exist. However, the version currency statement suggests the instrument is unchanged since 3 November 2010. If no amendments have been made, a Table of Amending Instruments serves no purpose and is misleading; if amendments have been made, the version currency statement is inaccurate."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This notice performs exactly the narrow, technical function it was designed for: approving a specific breath testing device. There is no evidence of scope creep or expansion beyond the original purpose of the enabling legislation."},"complexity_factors":["Extremely short document (approximately 150 words total)","Only 3 substantive clauses, with one being the title and one being commencement","Single operational provision (clause 3) with no conditions, exceptions, or cross-references beyond the basic enabling Act","No defined terms section","Schedule contains only one approved device with minimal identifying information","No procedural requirements, timelines, or administrative mechanisms"],"plain_english_summary":"**What this legislation does:**\n\nThis is a short, technical notice that gives official approval to a specific breath testing machine for use in roadside alcohol testing in Tasmania.\n\n**Who it affects:**\n\n- **Police officers** – they can now legally use this specific device to conduct breath tests on drivers\n- **Drivers** – if you're pulled over for a breath test in Tasmania, police may use the \"ENVITEC ALCOQUANT\" device on you\n- **Courts** – breath test results from this device can be used as evidence in drink-driving prosecutions\n\n**Why it matters:**\n\nFor a breath test to be legally valid and hold up in court, the device used must be officially \"approved\" by the government. This notice adds the **ENVITEC ALCOQUANT** (made by a company called ENVITEC) to the list of approved devices under Tasmania's *Road Safety (Alcohol and Drugs) Act 1970*.\n\nWithout this approval, test results from this machine couldn't be used to prosecute drink-driving offences. The notice ensures police have access to reliable, legally recognised equipment to enforce drink-driving laws."}},"importantCases":[],"_links":{"self":"/api/acts/road-safety-alcohol-and-drugs-approval-of-instruments-notice-2010","history":"/api/acts/road-safety-alcohol-and-drugs-approval-of-instruments-notice-2010/history","analysis":"/api/acts/road-safety-alcohol-and-drugs-approval-of-instruments-notice-2010/analysis","conflicts":"/api/acts/road-safety-alcohol-and-drugs-approval-of-instruments-notice-2010/conflicts","importantCases":"/api/acts/road-safety-alcohol-and-drugs-approval-of-instruments-notice-2010/important-cases","documents":"/api/acts/road-safety-alcohol-and-drugs-approval-of-instruments-notice-2010/documents"}}