New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 138D

138D Persons to whom Division applies and purpose of exercise of powers

(1) This Division applies to a person who has been arrested by a police officer--

(a) for an alleged offence under section 25A(2) of the Crimes Act 1900 , or

(b) for any other offence that involves the assault of another person if the police officer believes that the person would be liable to be charged with an offence under section 25A(2) of the Crimes Act 1900 if the other person dies.

(2) A police officer may exercise the powers conferred by this Division for the purpose of confirming whether the person had consumed or taken alcohol, a drug or other intoxicating substance before the alleged offence and the likely amount consumed or taken.