Div 1Preliminary

Division 1—Preliminary 9—Interpretation (1) In this Part— alcotest means a test by means of an apparatus approved under the Road Traffic Act 1961 or this Part for the purpose of conducting alcotests; analyst means— (a) a person who is an analyst for the purposes of the Road Traffic Act 1961; or (b) a person appointed as an analyst by the Minister specifically for the purposes of this Part and Part 3 Division 9 (Drug and alcohol testing by Regulator) of the Rail Safety National Law; or (c) a person holding an office of a class approved by the Minister for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law; approved blood test kit means a kit of a kind declared under the Road Traffic Act 1961 or this Part to be an approved blood test kit; approved courier means a person approved by the Minister as a courier for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law; breath analysing instrument means an apparatus of a kind approved under the Road Traffic Act 1961 or this Part as a breath analysing instrument; breath analysis means an analysis of breath by a breath analysing instrument; Commissioner of Police means the Commissioner of Police appointed under the Police Act 1998; drug screening test means a test by means of an apparatus of a kind approved under the Road Traffic Act 1961 or this Part for the purpose of conducting drug screening tests; forensic material means any human material from which the person from whom the material was taken could be identified; oral fluid analysis means the analysis of a person's oral fluid to determine whether a drug is present in the oral fluid; preliminary breath test means an alcotest; Rail Safety National Law or Law means the Rail Safety National Law, as amended from time to time, set out in the Schedule. (2) In this Part, a reference to regulations is a reference to regulations made for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law. (3) For the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law, a thing is to be regarded as having been done by a medical practitioner, registered nurse or analyst if it is done by a person acting under the supervision or direction of the medical practitioner, registered nurse or analyst. 10—Approval of couriers The Minister may, by notice in the Gazette— (a) approve a person as a courier for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law; or (b) revoke an approval under paragraph (a). 11—Approval of apparatus and kits for breath analysis etc (1) The Governor may, by regulation, for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law— (a) approve apparatus of a prescribed kind as breath analysing instruments; or (b) approve apparatus of a prescribed kind for the purpose of conducting alcotests; or (c) approve apparatus of a prescribed kind for the purpose of conducting drug screening tests; or (d) declare a kit of a prescribed kind to be an approved blood test kit. (2) An approved blood test kit, or apparatus approved as a breath analysing instrument, or for the purpose of conducting alcotests or drug screening tests, under the Road Traffic Act 1961 will be taken to have been approved under this section for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law.