Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

POLICE ADMINISTRATION ACT 1978 - SECT 130A

Evidence for alcohol-related matters

    (1)     If a member reasonably believes a person in custody under this Division is intoxicated with alcohol, the member may do any of the following:

        (a)     require the person to submit to a breath test to determine whether there is alcohol in the person's breath;

        (b)     require the person to provide a sample of the person's breath for a breath analysis;

        (c)     take and record the person's name and other information relevant to the person's identification, including photographs, fingerprints and other biometric identifiers.

    (2)     A breath analysis must be carried out:

        (a)     by a person authorised to carry out a breath analysis under the Traffic Act 1987 (an authorised officer ); and

        (b)     using a prescribed breath analysis instrument.

    (4)     A certificate signed by the authorised officer who carried out a breath test or breath analysis on a person is evidence that there was present in the person's breath the concentration of alcohol stated in the certificate.

    (5)     A certificate signed by the member who records information about a person's identity is evidence of the matters stated in the certificate.

    (6)     In this section:

"breath analysis", see section 3(1) of the Traffic Act 1987 .

"breath test", see section 3(1) of the Traffic Act 1987 .

"prescribed breath analysis instrument", see section 3(1) of the Traffic Act 1987 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback