85Double jeopardy

85 Double jeopardy

85 Double jeopardy

(1) A police officer is not liable to be punished under this part in relation to the same incident for both—

(a) having the prescribed concentration of alcohol in the police officer’s breath or blood while on duty, or using a prohibited drug or steroid, or consuming alcohol while wearing a police uniform or on police premises, and

(b) refusing or failing to do any of the following under this part—

(i) undergo a breath test,

(ii) submit to a breath analysis,

(iii) give a sample of the police officer’s urine or hair.

(2) A police officer is not liable to be punished under this part in relation to the same incident for both—

(a) having the prescribed concentration of alcohol in the police officer’s breath or blood while rostered on duty, and

(b) consuming alcohol while—

(i) wearing a police uniform, or

(ii) on police premises.