QLDIn ForceAct
Transport Operations (Passenger Transport) Act 1994
sec.116Chief executive may require transit officer to undergo alcohol test or drug test
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### sec.116 Chief executive may require transit officer to undergo alcohol test or drug test
The chief executive may, by written notice, require a transit officer to submit to an alcohol test or drug test if—
the officer has been involved in an incident in which a person being detained under part 4A by the officer suffers a physical injury; or
the chief executive reasonably suspects the officer is contravening, or has contravened, section 113D (1) .
If a person appointed as a transit officer is asked to provide a specimen of breath for an alcohol test, or specimen of saliva or urine for a drug test, under this section and the person fails to provide the specimen, the person’s appointment may be revoked under section 113G .
An alcohol test, or drug test, of a transit officer conducted under this section must be conducted by a relevant entity.
A regulation may provide for requirements about notifying a transit officer of the results of an alcohol test or drug test conducted on the officer under this section.
In this section—
alcohol test , of a transit officer, means a test of the breath of the officer for deciding whether the officer is over the low alcohol limit within the meaning of section 113D (2) .
drug test , of a transit officer, means a test of the saliva or urine of the officer for deciding whether the saliva or urine has evidence of a dangerous drug, or prescribed substance, as defined under section 113D (5) .
relevant entity means an entity the chief executive engages to conduct alcohol tests, or drug tests, of transit officers under this section.
s 116 prev s 116 ins 1995 No. 32 s 23 sch
amd 1997 No. 66 s 97 ; 2000 No. 40 s 22 ; 2003 No. 54 s 43
om 2004 No. 9 s 20
pres s 116 ins 2008 No. 67 s 222
sub 2010 No. 13 s 122
(sec.116-ssec.1) The chief executive may, by written notice, require a transit officer to submit to an alcohol test or drug test if— the officer has been involved in an incident in which a person being detained under part 4A by the officer suffers a physical injury; or the chief executive reasonably suspects the officer is contravening, or has contravened, section 113D (1) . If a person appointed as a transit officer is asked to provide a specimen of breath for an alcohol test, or specimen of saliva or urine for a drug test, under this section and the person fails to provide the specimen, the person’s appointment may be revoked under section 113G .
(sec.116-ssec.2) An alcohol test, or drug test, of a transit officer conducted under this section must be conducted by a relevant entity.
(sec.116-ssec.3) A regulation may provide for requirements about notifying a transit officer of the results of an alcohol test or drug test conducted on the officer under this section.
(sec.116-ssec.4) In this section— alcohol test , of a transit officer, means a test of the breath of the officer for deciding whether the officer is over the low alcohol limit within the meaning of section 113D (2) . drug test , of a transit officer, means a test of the saliva or urine of the officer for deciding whether the saliva or urine has evidence of a dangerous drug, or prescribed substance, as defined under section 113D (5) . relevant entity means an entity the chief executive engages to conduct alcohol tests, or drug tests, of transit officers under this section.
- (a) the officer has been involved in an incident in which a person being detained under part 4A by the officer suffers a physical injury; or
- (b) the chief executive reasonably suspects the officer is contravening, or has contravened, section 113D (1) .