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](/view/html/inforce/current/act-2013-018) 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](/view/html/inforce/current/act-2013-018). > > > > 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](/view/html/inforce/current/act-1985-226). > > > (2) Subject to the regulations, section 109 (Measurement of alcohol concentrations) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) 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 \[1\] \[2\].