sec.5A.2Definitions for pt 5A

### sec.5A.2 Definitions for pt 5A In this part— alcohol test means a test for deciding whether a relevant person is over the limit applying to the person when the test is conducted. s 5A.2 def alcohol test amd 2014 No. 17 s 121 (3) – (4) analyst means a person who, under section 5A .4A, is appointed as an analyst. s 5A.2 def analyst ins 2006 No. 26 s 116 authorised person means— in all cases—the commissioner or deputy commissioner; or for an alcohol test or a random alcohol test— if the person to be tested is a police recruit or staff member—a commissioned officer; or otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or for periodic testing of an operative— the assistant commissioner; or a commissioned officer who— is responsible for supervising operatives; and is above the rank of the operative to be tested; or for a test to be conducted because of section 5A .8(c)— if the person to be tested is a police recruit or staff member—a commissioned officer; or otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or for section 5A .10 or section 5A .14— if the person to be tested is a police recruit or staff member—a commissioned officer; or otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested. s 5A.2 def authorised person amd 2005 No. 17 s 24 ; 2005 No. 45 s 74 sch 4 ; 2014 No. 17 s 121 (5) ; 2021 No. 12 s 183 (2) covert operative ... s 5A.2 def covert operative om 2005 No. 45 s 74 sch 4 critical area means any of the following in which a police recruit or staff member performs functions for the police service— a communications centre; a driver training facility; a facility used for storing dangerous drugs under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 4 ; a magazine used for storing explosives; a police armoury or weapons collection facility; a property point as defined under the Police Powers and Responsibilities Act 2000 ; a watch-house; a weapons training facility; the unit known as the police air wing; a place prescribed under a regulation as a critical area. s 5A.2 def critical area amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 17 s 121 (6) ; 2021 No. 12 s 183 (3) critical incident means any of the following— an incident in which an officer on duty discharges a firearm— injuring a person; or in circumstances in which a person could be injured; an incident in which a person in custody dies or suffers grievous bodily harm; a workplace incident at a police station or police establishment in which a person— dies or suffers grievous bodily harm; or suffers injuries for which the person is admitted to hospital; an incident in which a person dies or suffers grievous bodily harm in the course of, or as a result of, police operations; a vehicle pursuit an evacuation a vehicle pursuit in which a person suffers injuries for which the person is admitted to hospital. s 5A.2 def critical incident sub 2022 No. 4 s 17 (1) – (2) dangerous drug means a dangerous drug under the Drugs Misuse Act 1986 . deputy commissioner means the executive officer holding rank as deputy commissioner. evidence , of a targeted substance in a person’s urine or saliva, includes evidence of the presence of the following in the person’s urine or saliva— a targeted substance; a substance that is used in a targeted substance; a metabolite of a targeted substance. s 5A.2 def evidence amd 2022 No. 4 s 17 (3) firearm does not include a firearm loaded with a projectile that is not designed to cause death or grievous bodily harm. beanbag round, 40mm impact round s 5A.2 def firearm ins 2022 No. 4 s 17 (2) general alcohol limit means the general alcohol limit under section 5A .6(1)(c). grievous bodily harm see the Criminal Code , section 1 . s 5A.2 def grievous bodily harm ins 2022 No. 4 s 17 (2) low alcohol limit means the low alcohol limit under section 5A .6(1)(b). medical examination includes medical assessment and test, whether physical or mental. no alcohol limit means the no alcohol limit under section 5A .6(1)(a). operative means a police officer who is— a participant in an authorised operation under the Police Powers and Responsibilities Act 2000 , chapter 11 ; or a covert operative for a controlled operation under the Crime and Corruption Act 2001 , chapter 3 , part 6A . s 5A.2 def operative ins 2005 No. 45 s 74 sch 4 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 94 (2) sch 2 over the limit , in relation to a relevant person, means the person is over the general alcohol limit, the low alcohol limit or the no alcohol limit applying to the person. s 5A.2 def over the limit amd 2014 No. 17 s 121 (3) – (4) random alcohol test means an alcohol test conducted under section 5A .9. relevant member ... s 5A.2 def relevant member om 2014 No. 17 s 121 (1) relevant person see section 5A .3. s 5A.2 def relevant person ins 2014 No. 17 s 121 (2) relevant PSBA employee ... s 5A.2 def relevant PSBA employee ins 2014 No. 17 s 121 (2) om 2021 No. 12 s 183 (1) saliva analysing instrument means an instrument, prescribed by regulation, for finding out whether a targeted substance is present in a person’s saliva by analysing a specimen of the person’s saliva. s 5A.2 def saliva analysing instrument ins 2022 No. 4 s 17 (2) targeted substance means— a dangerous drug; or another substance mentioned in section 5A .4(c) or (d). targeted substance test means a test for deciding whether a relevant person has evidence of a targeted substance in the person’s urine or saliva. s 5A.2 def target substance test amd 2014 No. 17 s 121 (3) , (7) ; 2022 No. 4 s 17 (4) vehicle pursuit means a police motor vehicle pursuit for the purpose of apprehending a person. s 5A.2 def vehicle pursuit ins 2022 No. 4 s 17 (2) s 5A.2 ins 2003 No. 67 s 5 - (a) in all cases—the commissioner or deputy commissioner; or - (b) for an alcohol test or a random alcohol test— (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or - (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or - (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or - (c) for periodic testing of an operative— (i) the assistant commissioner; or (ii) a commissioned officer who— (A) is responsible for supervising operatives; and (B) is above the rank of the operative to be tested; or - (i) the assistant commissioner; or - (ii) a commissioned officer who— (A) is responsible for supervising operatives; and (B) is above the rank of the operative to be tested; or - (A) is responsible for supervising operatives; and - (B) is above the rank of the operative to be tested; or - (d) for a test to be conducted because of section 5A .8(c)— (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or - (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or - (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or - (e) for section 5A .10 or section 5A .14— (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested. - (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or - (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested. - (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or - (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or - (i) the assistant commissioner; or - (ii) a commissioned officer who— (A) is responsible for supervising operatives; and (B) is above the rank of the operative to be tested; or - (A) is responsible for supervising operatives; and - (B) is above the rank of the operative to be tested; or - (A) is responsible for supervising operatives; and - (B) is above the rank of the operative to be tested; or - (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or - (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or - (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or - (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested. - (a) a communications centre; - (b) a driver training facility; - (c) a facility used for storing dangerous drugs under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 4 ; - (d) a magazine used for storing explosives; - (e) a police armoury or weapons collection facility; - (f) a property point as defined under the Police Powers and Responsibilities Act 2000 ; - (g) a watch-house; - (h) a weapons training facility; - (i) the unit known as the police air wing; - (j) a place prescribed under a regulation as a critical area. - (a) an incident in which an officer on duty discharges a firearm— (i) injuring a person; or (ii) in circumstances in which a person could be injured; - (i) injuring a person; or - (ii) in circumstances in which a person could be injured; - (b) an incident in which a person in custody dies or suffers grievous bodily harm; - (c) a workplace incident at a police station or police establishment in which a person— (i) dies or suffers grievous bodily harm; or (ii) suffers injuries for which the person is admitted to hospital; - (i) dies or suffers grievous bodily harm; or - (ii) suffers injuries for which the person is admitted to hospital; - (d) an incident in which a person dies or suffers grievous bodily harm in the course of, or as a result of, police operations; Examples of police operations— • a vehicle pursuit • an evacuation - • a vehicle pursuit - • an evacuation - (e) a vehicle pursuit in which a person suffers injuries for which the person is admitted to hospital. - (i) injuring a person; or - (ii) in circumstances in which a person could be injured; - (i) dies or suffers grievous bodily harm; or - (ii) suffers injuries for which the person is admitted to hospital; - • a vehicle pursuit - • an evacuation - (a) a targeted substance; - (b) a substance that is used in a targeted substance; - (c) a metabolite of a targeted substance. - (a) a participant in an authorised operation under the Police Powers and Responsibilities Act 2000 , chapter 11 ; or - (b) a covert operative for a controlled operation under the Crime and Corruption Act 2001 , chapter 3 , part 6A . - (a) a dangerous drug; or - (b) another substance mentioned in section 5A .4(c) or (d).