110Assessment of sobriety if breath testing device not available

110 Assessment of sobriety if breath testing device not available

110 Assessment of sobriety if breath testing device not available

(1) A test supervisor or police officer may require a transport safety employee to submit to an assessment of the employee’s sobriety in accordance with the directions of the test supervisor or police officer if—

(a) the test supervisor or police officer is entitled under this Regulation to require the employee to undergo a breath test, and

(b) the device required to carry out the breath test is not readily available.

(2) A requirement that a transport safety employee submit to an assessment under subclause (1) is not open to challenge in proceedings on the basis that the device was readily available.

cl 110: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].