138FBreath testing and breath analysis for presence of alcohol

#### 138F Breath testing and breath analysis for presence of alcohol 138F Breath testing and breath analysis for presence of alcohol > > (1) A police officer may require a person to whom this Division applies to undertake a breath test, either at or near the scene of the alleged offence or at a police station or other place at which the person is detained in connection with the alleged offence. > > > (2) A police officer may require a person to whom this Division applies to undertake a breath analysis at a police station or other place at which the person is detained in connection with the alleged offence. > > > (3) A breath test or breath analysis may only be required to be undertaken under this section within 2 hours after the commission of the alleged offence. > > > (4) The following provisions of Schedule 3 to the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) apply in relation to a breath test or breath analysis under this section (with any necessary or prescribed modifications)— > > > > > (a) the police officers authorised to carry out a breath analysis, > > > > > (b) the provision of a statement to the person undertaking the breath analysis as to the concentration of alcohol determined by the analysis, > > > > > (c) the issue of evidentiary certificates relating to the breath analysis, > > > > > (d) any other provisions prescribed by the regulations. > > > (5) Evidence of the presence or concentration of any alcohol in an accused’s breath as determined by a breath analysis carried out in accordance with this section may be used only in proceedings for an offence under section 25A(2) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > **pt 10, div 4 (ss 138D–138H):** Ins 2014 No 2, Sch 2.