75Alcohol—immediate action

75 Alcohol—immediate action

75 Alcohol—immediate action

(1) If a test conducted under the Act, section 211A or this part indicates the prescribed concentration of alcohol is present in a police officer’s breath or blood while the police officer is on duty, the police officer—

(a) must be immediately relieved of duty, and

(b) must not carry out any duty for the duration of the officer’s shift.

(2) Subsection (1) does not apply if—

(a) the test referred to in subsection (1) was a breath test, and

(b) a later breath analysis demonstrates the prescribed concentration of alcohol is not present in the officer’s breath.

(3) The Commissioner may decide a police officer who is relieved from duty under subsection (1)(a) is not entitled to be paid, including for any type of leave, for the part of the relevant shift that the officer did not work.