Northern Territory Numbered Acts

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CROSS-BORDER JUSTICE ACT 2009 (NO 1 OF 2009) - SECT 41

Conduct of preliminary alcohol or drug test in cross-border region

    (1)     This section applies if a police officer of the Territory requires a person in a part of the Territory that is in a cross-border region to provide a sample of breath or oral fluid for a preliminary alcohol or drug test under the Territory's drink or drug-driving laws.

    (2)     If:

    (a)     the person is required to provide the sample in accordance with the testing procedures under another participating jurisdiction's drink or drug-driving laws; and

    (b)     the region is partly in the other jurisdiction;

the person is taken to be required to provide the sample in accordance with the testing procedures under the Territory's drink or drug-driving laws.

    (3)     If:

    (a)     the sample is tested in accordance with the testing procedures for a preliminary alcohol or drug test under another participating jurisdiction's drink or drug-driving laws; and

    (b)     the region is partly in the other jurisdiction;

the sample is taken to have been tested in accordance with the testing procedures for a preliminary alcohol or drug test under the Territory's drink or drug-driving laws.

Examples for section 41

1     An NT police officer requires a person in the NT portion of the NT/SA region to provide a sample of breath for a preliminary alcohol test under the NT's drink-driving laws. The police officer may require the person to provide the sample in accordance with the testing procedures under SA's drink-driving laws.

2     An NT police officer requires a person in the NT portion of the NT/SA region to provide a sample of breath for a preliminary alcohol test under the NT's drink-driving laws. The sample may be tested in accordance with the testing procedures under SA's drink-driving laws.



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