37IDefinitions

37I Definitions

37I Definitions

(1) In this Division—

authorised person means a person appointed in accordance with the regulations to be an authorised person for the purposes of this Division.

breath analysing instrument means any instrument approved by the Governor by order under the Road Transport Act 2013 as such an instrument, that is, an instrument designed to ascertain, by analysis of a person’s breath, the concentration of alcohol present in the person’s breath or blood.

breath analysis means a test carried out by a breath analysing instrument for the purpose of ascertaining, by analysis of a person’s breath, the concentration of alcohol present in that person’s breath or blood.

breath test means a test—

(a) that is designed to indicate the concentration of alcohol in a person’s breath or blood, or whether a particular concentration of alcohol is or may be present in a person’s breath or blood, and

(b) that is carried out on the person’s breath by means of a device (not being a breath analysing instrument) of a type approved by the Governor for the conduct of breath tests under the Road Transport Act 2013.

hospital means a public or private hospital, and includes any premises, institution or establishment prescribed by the regulations as a hospital for the purposes of this Division.

prohibited drug has the same meaning as in the Drug Misuse and Trafficking Act 1985.

(2) Subject to the regulations, section 109 (Measurement of alcohol concentrations) of the Road Transport Act 2013 applies in relation to the measurement of the concentration of alcohol in a person’s breath or blood for the purposes of this Division and the regulations in the same way as it applies for the purposes of that Act.

s 37I: Ins 2006 No 41, Sch 1 [18]. Am 2007 No 99, Sch 2.1 [1] [2]; 2013 No 19, Sch 4.2 [1] [2].