Sch 4Alcohol screening tests

Schedule 4—Alcohol screening tests   1  Subsection 4(1) alcohol screening test in relation to a person, means a test of sample of the breath of the person carried out by means of an approved screening device. 2  Subsection 4(1) approved screening device means a device of a type that is approved by the Minister under section 40R. 3  Before section 40M 40LA  Alcohol screening tests  (1) An AFP appointee authorised under section 40PA to act as a manager (the authorised manager) may require another AFP appointee (the screening test subject) to undergo an alcohol screening test if:  (a) the screening test subject is on duty; and  (b) the authorised manager reasonably suspects that the screening test subject is under the influence of alcohol. Compliance with direction  (2) The screening test subject must comply with the requirement given to him or her under subsection (1). Test results  (3) If the result of the alcohol screening test shows that alcohol is not present in the screening test subject’s blood, the screening test subject may return to his or her duties immediately.  (4) If:  (a) the result of the alcohol screening test shows that alcohol is present in the screening test subject’s blood; or  (b) the screening test subject refuses to undergo the alcohol screening test; the screening test subject may be given a written direction under section 40M to undergo a breath test if the screening test subject is an AFP employee or a special member.  (5) This section does not limit the operation of section 40M. 4  Subsection 40M(3) (note) Note: The heading to section 40M is replaced by the heading “Alcohol breath tests and prohibited drug tests”. 5  Subsection 40N(5) (note) Note: The heading to section 40N is replaced by the heading “Alcohol breath tests and prohibited drug tests after certain incidents”. 6  Section 40P Before “40M”, insert “40LA,”. 7  Subparagraph 40P(b)(i) After “to conduct”, insert “alcohol screening tests,”. 8  Paragraph 40P(e) After “the conduct of”, insert “alcohol screening tests,”. 9  At the end of section 40P Add: Note: Paragraph (a)—persons may give directions under sections 40M and 40N. However, for a person’s power to give a requirement under section 40LA, see section 40PA. 10  After section 40P 40PA  Managers who may require alcohol screening tests   The Commissioner may issue Commissioner’s orders under section 38 authorising particular kinds of AFP appointees to act as managers for the purpose of section 40LA. 11  Section 40Q