Marine Safety (Misuse of Alcohol) Act 2006
25Duration of breath analysis liability
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25 Duration of breath analysis liability
(1) A person's liability to submit to a breath analysis or blood-sampling under Division 1 or section 23(2) expires 3 hours after the relevant time if the breath analysis or blood-sampling is not begun within those 3 hours.
(2) A police officer is to have regard to subsection (1) when enforcing this Act and, more specifically, is not to require a person to submit to a breath analysis under Division 1 or section 23 , or to a blood-sampling under Division 1 , unless the police officer believes that the breath analysis or blood-sampling could be practicably begun before the person's liability to submit to it expires.
(3) However, a failure to comply with subsection (2) does not invalidate any action of a police officer.