50Testing for alcohol and drugs

50 Testing for alcohol and drugs

(1)  [Section 50 Subsection (1) substituted by No. 15 of 2016, s. 9, Applied:21 Jun 2016] In this section –

on duty includes reporting for duty, being on standby for duty and being on availability for duty;

qualified person means –

(a) a medical practitioner; or

(b) a registered nurse or enrolled nurse;

serious incident means an incident involving a police officer on duty and in which any person is killed or seriously injured;

testing means testing for the presence of any alcohol or drug.

(2)  [Section 50 Subsection (2) substituted by No. 15 of 2016, s. 9, Applied:21 Jun 2016] The Commissioner or an authorised person may require any police officer who is on duty or involved in a serious incident to do any one or more of the following:

(a) provide a sample or samples of breath for testing;

(b) provide a sample or samples of urine or oral fluid for testing;

(c) with the consent of the police officer, permit a sample or samples of blood to be taken by a qualified person for testing.

(2A)  [Section 50 Subsection (2A) inserted by No. 15 of 2016, s. 9, Applied:21 Jun 2016] Subsection (2) has effect whether or not the Commissioner or authorised person has grounds for suspecting that the relevant police officer has recently consumed any alcohol or taken any drug.

(2B)  [Section 50 Subsection (2B) inserted by No. 15 of 2016, s. 9, Applied:21 Jun 2016] To avoid doubt, where the Commissioner or an authorised person considers it necessary to do so, a requirement under may be made of a police officer more than once in respect of the same instance of that police officer being on duty or the same serious incident.