New South Wales Repealed Regulations

This legislation has been repealed.

POLICE REGULATION 2008 - REG 90

90 Breath analysis of police officers following positive breath testing

(1) This clause applies if:

(a) it appears to an authorised person as a result of a breath test conducted under section 211A of the Act that the prescribed concentration of alcohol may be present in a police officer's breath or blood, or

(b) a police officer who is required by an authorised person to undergo a breath test under this Part refuses or fails to do so in accordance with the direction of the authorised person.

(2) In such a case, the authorised person may require the police officer to submit to a breath analysis in accordance with the directions of the person.

(3) A breath analysis may be carried out only by an authorised person.

(4) As soon as practicable after a police officer has submitted to a breath analysis the person who carried out the analysis must deliver to the police officer a statement in writing signed by the person specifying:

(a) the concentration of alcohol determined by the analysis to be present in the police officer's breath or blood and expressed in grams of alcohol in 210 litres of breath or 100 millilitres of blood, and

(b) the day on which and time of the day at which the breath analysis was completed.

(5) A police officer who is required to submit to a breath analysis may request the person making the requisition to arrange for the taking (in the presence of an authorised person) of a sample of the police officer's blood for analysis, at the police officer's own expense, by:

(a) a medical practitioner nominated by the police officer, or

(b) a medical practitioner nominated by the person at the police officer's request.

(6) The making of any such request or the taking of a sample of a police officer's blood does not absolve the police officer from the obligation imposed on the police officer to submit to a breath analysis in accordance with this clause.

(7) If a police officer makes such a request, the authorised officer must take all reasonable steps to contact the relevant medical practitioner.