[Section 2 Amended by No. 18 of 1974, s. 2 ][Section 2 Amended by No. 94 of 1975, s. 2 ][Section 2 Amended by No. 91 of 1982, s. 3 ]**[Section 2 Subsection (1) amended by No. 100 of 1995, s. 97 and Sched. 7 ]
[Section 2 Subsection (1) amended by No. 28 of 2005, s. 6, Applied:01 Feb 2006] means a test for the purpose of indicating the concentration of alcohol present in a person's breath or blood, carried out on that person's breath by means of a device (not being a breath analysing instrument) of a type approved for the purposes of such a test by the Minister by notice in the ;
(b) a vehicle, other than a vehicle referred to in paragraph (a) , that is designed and constructed primarily for the carriage of 13 or more adult passengers, including the driver; or
(3) [Section 2 Subsection (3) substituted by No. 91 of 1982, s. 3 ][Section 2 Subsection (3) substituted by No. 38 of 2017, s. 5, Applied:03 Dec 2018] A reference in this Act to the liability of a person to submit to a breath analysis, oral fluid analysis, medical examination or the taking of a sample of blood is a reference to such a liability arising, or a requirement made, in respect of the person under section 7A , 7B , 8 , 8A or 9 .
(b) the holder of an Australian driver licence who is or was –
(i) seated in or on the vehicle or motor vehicle; and
(ii) instructing the holder of the learner driver licence to drive the vehicle or motor vehicle;
(c) if the holder of the learner driver licence is undertaking a test or assessment for the purposes of the Vehicle and Traffic Act 1999 , the person who is or was –
(i) seated in or on the vehicle or motor vehicle; and
(ii) testing or assessing the holder of the learner driver licence for the purposes of that Act.
(a) he or she did not consent to being in the vehicle or motor vehicle while the holder of the learner driver licence was driving the vehicle or motor vehicle; or
(b) he or she did not know, and could not have reasonably been expected to have known, that the person driving the vehicle or motor vehicle did not hold a full licence, or provisional licence, for the vehicle or motor vehicle.