114Breath testing and breath analysis of juvenile justice officers

114 Breath testing and breath analysis of juvenile justice officers

114 Breath testing and breath analysis of juvenile justice officers

(1) As soon as practicable after a juvenile justice officer has undergone a breath test under Division 2 of Part 4A of the Act, the authorised person who conducted the breath test must, if the concentration of alcohol determined by the breath test to be present in the officer’s breath or blood exceeds the prescribed concentration, deliver to the officer a statement in writing signed by the authorised person specifying—

(a) the concentration of alcohol determined by the breath test to be present in the officer’s breath or blood and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood, and

(b) the day on which and time of the day at which the breath test was completed.

(2) An authorised person may require a juvenile justice officer to submit to a breath analysis in accordance with the directions of the authorised person if—

(a) it appears to the authorised person as a result of a breath test under Division 2 of Part 4A of the Act that the prescribed concentration of alcohol may be present in the officer’s breath or blood, or

(b) the officer refuses or fails to undergo a breath test under Division 2 of Part 4A of the Act in accordance with the directions of the authorised person when requested to do so by the authorised person.

(3) As soon as practicable after a juvenile justice officer has submitted to a breath analysis the authorised person operating the breath analysing instrument must deliver to the officer a statement in writing signed by the authorised person specifying—

(a) the concentration of alcohol determined by the analysis to be present in the officer’s breath or blood and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood, and

(b) the day on which and time of the day at which the breath analysis was completed.

(4) A juvenile justice officer who is required to undergo a breath test or submit to a breath analysis may request the authorised person making the requisition to arrange for the taking (in the presence of an authorised person) of a sample of the officer’s blood for analysis, at the officer’s own expense, by—

(a) a medical practitioner nominated by the officer, or