QLDIn ForceAct
Transport Operations (Passenger Transport) Act 1994
sec.118Alcohol or drug test results generally inadmissible
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### sec.118 Alcohol or drug test results generally inadmissible
Evidence of the following is inadmissible in a civil or criminal proceeding before a court—
a requirement of the chief executive made under section  116 (1) having been made;
the result of any test conducted under section 116 .
Also, the chief executive and anyone else involved in any way in anything under section 116 can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.
This section does not apply to—
a proceeding for a charge of an offence arising from an incident in which a person being detained under part 4A by the officer suffers a physical injury; or
an inquest in a Coroners Court into the death of a person; or
a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or
an investigation or other proceeding under the Crime and Corruption Act 2001 ; or
disciplinary action as provided for under the Public Sector Ethics Act 1994 .
s 118 prev s 118 ins 1995 No. 32 s 23 sch
amd 2000 No. 5 s 461 sch 3 ; 2000 No. 40 s 24
om 2004 No. 9 s 20
pres s 118 ins 2008 No. 67 s 222
amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 63 s 1157 sch 6
(sec.118-ssec.1) Evidence of the following is inadmissible in a civil or criminal proceeding before a court— a requirement of the chief executive made under section  116 (1) having been made; the result of any test conducted under section 116 .
(sec.118-ssec.2) Also, the chief executive and anyone else involved in any way in anything under section 116 can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.
(sec.118-ssec.3) This section does not apply to— a proceeding for a charge of an offence arising from an incident in which a person being detained under part 4A by the officer suffers a physical injury; or an inquest in a Coroners Court into the death of a person; or a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or an investigation or other proceeding under the Crime and Corruption Act 2001 ; or disciplinary action as provided for under the Public Sector Ethics Act 1994 .
- (a) a requirement of the chief executive made under section  116 (1) having been made;
- (b) the result of any test conducted under section 116 .
- (a) a proceeding for a charge of an offence arising from an incident in which a person being detained under part 4A by the officer suffers a physical injury; or
- (b) an inquest in a Coroners Court into the death of a person; or
- (c) a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or
- (d) an investigation or other proceeding under the Crime and Corruption Act 2001 ; or
- (e) disciplinary action as provided for under the Public Sector Ethics Act 1994 .