sec.113DTransit officer must not be under the influence of alcohol or drugs

### sec.113D Transit officer must not be under the influence of alcohol or drugs A transit officer who is on duty for performing a function or exercising a power under this Act must not— be over the low alcohol limit; or have present in the officer’s saliva or urine— evidence of a dangerous drug; or evidence of a prescribed substance that the officer may not lawfully take; or evidence of having taken a prescribed substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance. If a person appointed as a transit officer contravenes subsection (1) , the person’s appointment may be revoked under section 113G . For subsection (1) , a person is over the low alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath. For this Act, the concentration of alcohol in a person’s breath may be expressed as— a specified number of grams of alcohol in 210L of breath; or a specified number of grams in 210L. The concentration of alcohol in a person’s breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L. For subsection (1) , a transit officer is on duty for performing a function or exercising a power under this Act if the officer— is about to perform the function or exercise the power; or is performing the function or exercising the power; or has just performed the function or exercised the power. In this section— dangerous drug means a dangerous drug under the Drugs Misuse Act 1986 . prescribed substance means— a substance, other than a dangerous drug, that is a regulated substance under the Medicines and Poisons Act 2019 that may impair a person’s physical or mental capacity; or another substance, other than a dangerous drug, that may impair a person’s physical or mental capacity. s 113D ins 2008 No. 67 s 220 amd 2010 No. 13 s 120 ; 2019 No. 26 s 290 sch 2 (sec.113D-ssec.1) A transit officer who is on duty for performing a function or exercising a power under this Act must not— be over the low alcohol limit; or have present in the officer’s saliva or urine— evidence of a dangerous drug; or evidence of a prescribed substance that the officer may not lawfully take; or evidence of having taken a prescribed substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance. If a person appointed as a transit officer contravenes subsection (1) , the person’s appointment may be revoked under section 113G . (sec.113D-ssec.2) For subsection (1) , a person is over the low alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath. (sec.113D-ssec.3) For this Act, the concentration of alcohol in a person’s breath may be expressed as— a specified number of grams of alcohol in 210L of breath; or a specified number of grams in 210L. The concentration of alcohol in a person’s breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L. (sec.113D-ssec.4) For subsection (1) , a transit officer is on duty for performing a function or exercising a power under this Act if the officer— is about to perform the function or exercise the power; or is performing the function or exercising the power; or has just performed the function or exercised the power. (sec.113D-ssec.5) In this section— dangerous drug means a dangerous drug under the Drugs Misuse Act 1986 . prescribed substance means— a substance, other than a dangerous drug, that is a regulated substance under the Medicines and Poisons Act 2019 that may impair a person’s physical or mental capacity; or another substance, other than a dangerous drug, that may impair a person’s physical or mental capacity. - (a) be over the low alcohol limit; or - (b) have present in the officer’s saliva or urine— (i) evidence of a dangerous drug; or (ii) evidence of a prescribed substance that the officer may not lawfully take; or (iii) evidence of having taken a prescribed substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance. - (i) evidence of a dangerous drug; or - (ii) evidence of a prescribed substance that the officer may not lawfully take; or - (iii) evidence of having taken a prescribed substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance. - (i) evidence of a dangerous drug; or - (ii) evidence of a prescribed substance that the officer may not lawfully take; or - (iii) evidence of having taken a prescribed substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance. - (a) a specified number of grams of alcohol in 210L of breath; or - (b) a specified number of grams in 210L. - (a) is about to perform the function or exercise the power; or - (b) is performing the function or exercising the power; or - (c) has just performed the function or exercised the power. - (a) a substance, other than a dangerous drug, that is a regulated substance under the Medicines and Poisons Act 2019 that may impair a person’s physical or mental capacity; or - (b) another substance, other than a dangerous drug, that may impair a person’s physical or mental capacity.