107Interpretation

#### 107 Interpretation 107 Interpretation > > (1) In this Part— > > > > analyst means a person employed by the owner or operator of an approved laboratory as an analyst. > > > > approved laboratory means— > > > > > (a) in relation to blood samples—the following laboratories— > > > > > > > (i) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at Lidcombe, > > > > > > > (ii) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at North Ryde, and > > > > > (b) in relation to urine samples—a laboratory accredited by the National Association of Testing Authorities, Australia for AS/NZS 4308:2023. > > > > AS/NZS 4308:2023 means AS/NZS 4308:2023, Procedures for specimen collection and the detection and quantification of drugs in urine. > > > > authorised sample taker has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Schedule 3. > > > > breath analysing instrument has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018). > > > > breath analysis has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Schedule 3. > > > > breath test means a test for the purpose of indicating the concentration of alcohol in a person’s blood, carried out on the person’s breath using a device, other than a breath analysing instrument, of a type that complies with the requirements of AS 3547:2019, Breath alcohol testing devices. > > > > bus operator means an accredited service operator who carries on a public passenger service by means of a bus. > > > > bus safety employee means a transport safety employee who performs bus safety work. > > > > drug has the same meaning it has in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018). > > > > Note— > > > > Drug is defined in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) to include alcohol. > > > > ferry operator means a person who carries on a public passenger service by means of a ferry. > > > > ferry safety employee means a transport safety employee who performs ferry safety work. > > > > hospital means a public or private hospital, and includes a hospital under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Schedule 3, Part 2, Division 4. > > > > on-site drug screening device means a device that determines the presence or absence of drugs in urine using an immunoassay technique that meets the initial test cut-off levels listed in AS/NZS 4308:2023, table 3.1. > > > > operator means— > > > > > (a) a bus operator, or > > > > > (b) a ferry operator. > > > > prescribed concentration of alcohol means a concentration of 0.02 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood. > > > > sample, in relation to blood or urine, includes, if the sample is divided into portions, a portion of the sample. > > > > test supervisor means a person authorised under clause 134 to be a test supervisor. > > > (2) For the purposes of this Part— > > > > > (a) a reference to a police officer authorised by the Commissioner of Police to carry out a breath analysis is a reference to a police officer so authorised under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), and > > > > > (b) a thing done by a person acting at the direction or under the supervision of an authorised sample taker or analyst is taken to have been done by the authorised sample taker or analyst, and > > > > > (c) a power to require a person to provide a sample of blood or urine includes a power to require a person to provide samples of blood and urine. > > **cl 107:** Rep 2017 (595), Sch 1 \[41\]. Ins 2021 (483), Sch 1\[2\]. Am 2024 (331), Sch 2; 2025 (604), Sch 1\[1\]–\[3\].