11Rights and obligations on completion of breath analysis or oral fluid analysis

11 Rights and obligations on completion of breath analysis or oral fluid analysis

[Section 11 Amended by No. 94 of 1975, s. 9 ]

(1)  [Section 11 Subsection (1) amended by No. 28 of 2005, s. 11, Applied:01 Feb 2006] As soon as practicable after a person has submitted to a breath analysis the approved operator by whom the breath analysing instrument was operated shall read over to him and hand to him a written statement, in such prescribed form as is appropriate to the case, that indicates the concentration of alcohol in the breath of that person as determined by that analysis.

(1A)  [Section 11 Subsection (1A) inserted by No. 38 of 2017, s. 23, Applied:03 Dec 2018] As soon as practicable after a person has provided a sample of oral fluid for oral fluid analysis, the approved operator who took the sample is to read over to the person, and hand the person, a written statement in such prescribed form as is appropriate to the case.

(2)  The forms prescribed for the purposes of this section are those set out in Schedule 1 unless other forms are prescribed for those purposes by regulations under this Act.

(3)  [Section 11 Subsection (3) amended by No. 38 of 2017, s. 23, Applied:03 Dec 2018] [Section 11 Subsection (3) amended by No. 38 of 2017, s. 23, Applied:03 Dec 2018] *[Section 11 Subsection (3) substituted by No. 91 of 1982, s. 8 ]*Where an approved operator hands a statement to a person in accordance with subsection (1) or (1A) , that person may immediately request the operator to make arrangements for a sample of that person's blood to be taken for analysis, and, on such a request being made, it is the duty of the operator to comply with the request by making arrangements for the taking of such a sample to be begun by a qualified person within 5 hours after the relevant time.

(4)  [Section 11 Subsection (4) amended by No. 38 of 2017, s. 23, Applied:03 Dec 2018] [Section 11 Subsection (4) amended by No. 38 of 2017, s. 23, Applied:03 Dec 2018] *[Section 11 Subsection (4) substituted by No. 91 of 1982, s. 8 ]*A person who makes an election under or a request under of this section is not liable under for the cost incurred in making arrangements for taking a sample of blood in consequence of that person's election or request.