77Alcohol—repeat incident

77 Alcohol—repeat incident

77 Alcohol—repeat incident

(1) This section applies if—

(a) the Commissioner considers, based on the results of a test conducted under the Act, section 211A or this part, that a police officer has breached the code of behaviour by having the prescribed concentration of alcohol in the officer’s breath or blood while rostered on duty, and

(b) the officer has breached the code of behaviour in the same way in the 3 years immediately preceding the breach.

(2) The Commissioner may make either of the following in relation to the police officer—

(a) a section 173 order,

(b) a section 181D order.

(3) The Commissioner may also refer the police officer to a medical practitioner for the purposes of determining whether the officer is fit to remain a police officer.

(4) If the Commissioner refers the police officer to a medical practitioner under subsection (3), the Commissioner must have regard to any report made by the medical practitioner in relation to the officer when determining whether the officer is fit to remain a police officer.