sec.5A.9Random alcohol testing

### sec.5A.9 Random alcohol testing An authorised person may require a relevant person to submit to a random alcohol test. However, an authorised person other than the commissioner or deputy commissioner may require the relevant person to submit to the test— only with the written approval of the commissioner or deputy commissioner; or only if the test is conducted in accordance with criteria prescribed under a regulation for conducting random alcohol tests without the approval of the commissioner or deputy commissioner. For subsection (2) (b) , a regulation may prescribe the criteria for deciding— when and where a random alcohol test may be conducted; and when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner. Also, the commissioner or deputy commissioner may, in writing, exempt a relevant person or class of relevant person from random alcohol testing, either generally or in particular circumstances. The relevant person may be an operative. The relevant person may be required to consume alcohol at a hotel when keeping a person suspected of engaging in criminal activities under surveillance. The power to approve random alcohol testing under this section can not be delegated. s 5A.9 ins 2003 No. 67 s 5 amd 2005 No. 45 s 74 sch 4 ; 2014 No. 17 s 125 (sec.5A.9-ssec.1) An authorised person may require a relevant person to submit to a random alcohol test. (sec.5A.9-ssec.2) However, an authorised person other than the commissioner or deputy commissioner may require the relevant person to submit to the test— only with the written approval of the commissioner or deputy commissioner; or only if the test is conducted in accordance with criteria prescribed under a regulation for conducting random alcohol tests without the approval of the commissioner or deputy commissioner. (sec.5A.9-ssec.3) For subsection (2) (b) , a regulation may prescribe the criteria for deciding— when and where a random alcohol test may be conducted; and when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner. (sec.5A.9-ssec.4) Also, the commissioner or deputy commissioner may, in writing, exempt a relevant person or class of relevant person from random alcohol testing, either generally or in particular circumstances. The relevant person may be an operative. The relevant person may be required to consume alcohol at a hotel when keeping a person suspected of engaging in criminal activities under surveillance. (sec.5A.9-ssec.5) The power to approve random alcohol testing under this section can not be delegated. - (a) only with the written approval of the commissioner or deputy commissioner; or - (b) only if the test is conducted in accordance with criteria prescribed under a regulation for conducting random alcohol tests without the approval of the commissioner or deputy commissioner. - (a) when and where a random alcohol test may be conducted; and - (b) when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner. - 1 The relevant person may be an operative. - 2 The relevant person may be required to consume alcohol at a hotel when keeping a person suspected of engaging in criminal activities under surveillance.