41Conduct of preliminary alcohol or drug test in cross-border

41 Conduct of preliminary alcohol or drug test in cross-border region (1) This section applies if a police officer of the Territory requires a person in a part of the Territory that is in a cross-border region to drug test under the Territory's drink or drug-driving laws. (2) If: (a) the person is required to provide the sample in accordance with the testing procedures under another participating jurisdiction's drink or drug-driving laws; and (b) the region is partly in the other jurisdiction; the person is taken to be required to provide the sample in accordance with the testing procedures under the Territory's drink or drug-driving laws. (3) If: (a) the sample is tested in accordance with the testing procedures for a preliminary alcohol or drug test under another participating jurisdiction's drink or drug-driving laws; and

Cross-border Justice Act 2009 26 (b) the region is partly in the other jurisdiction; the sample is taken to have been tested in accordance with the testing procedures for a preliminary alcohol or drug test under the Territory's drink or drug-driving laws. Examples for section 41 1 An NT police officer requires a person in the NT portion of the NT/SA region to provide a sample of breath for a preliminary alcohol test under the NT's drink-driving laws. The police officer may require the person to provide the sample in accordance with the testing procedures under SA's drink-driving 2 An NT police officer requires a person in the NT portion of the NT/SA region to provide a sample of breath for a preliminary alcohol test under the NT's drink-driving laws. The sample may be tested in accordance with the testing procedures under SA's drink-driving laws.