Commonwealth legislation

Australian Federal Police Act 1979 - Section 40R - Approval of Screening Device (09/06/2011)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

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.

What it approves:

Two specific breathalyzer models: the Lion Alcolmeter SD-400 and the Alcolizer LE.
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.

Why it matters: Without 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.

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Current sections

Direct links to the current provisions in Australian Federal Police Act 1979 - Section 40R - Approval of Screening Device (09/06/2011).

Australian Federal Police Act 1979 - Section 40R - Approval of Screening Device (09/06/2011)

Australian Federal Police Act 1979

Section 40R

Approval of Screening Device

I, Brendan O’Connor, approve under section 40R of the Australian Federal Police Act 1979, the devices in the attached schedule as approved screening devices.

I 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:

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
are suitable devices for use in tests under sections 40LA, 40M and 40N of the Australian Federal Police Act 1979.

Signed by Brendan O’Connor

Minister for Home Affairs and Justice

9/6/11

SCHEDULE

The following are approved screening devices for the purposes of section 40R of the Australian Federal Police Act 1979:

the Lion Alcolmeter SD-400 breath screening device;
the Alcolizer LE breath screening device; and
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:

(a) under the law of a state or territory in which the breath screen is conducted; or

(b) in an external territory or a foreign country under the law of a state or territory.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Australian Federal Police Act 1979 - Section 40R - Approval of Screening Device (09/06/2011)