South Australian Current Acts

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POLICE ACT 1998 - SECT 41A

41A—Interpretation

        (1)         In this Division—

"alcotest" means a test by means of an apparatus of a kind approved for the conduct of alcotests under the Road Traffic Act 1961 ;

"biological sample" means a sample of blood, urine or oral fluid;

"breath analysing instrument" means an apparatus of a kind approved as a breath analysing instrument under the Road Traffic Act 1961 ;

"breath analysis" means an analysis of breath by a breath analysing instrument;

"classified appointment or position" means an appointment or position in respect of which it is an essential requirement that an applicant for the appointment or position undergo a medical or psychological assessment as part of the application process;

"critical incident" means an incident where a person is killed or suffers serious bodily injury—

            (a)         while detained by a member of SA Police or a police security officer; or

            (b)         as a result of the discharge of a firearm or an electronic control device; or

            (c)         in circumstances involving a police aircraft, or a police or police security motor vehicle, vessel or other mode of transport; or

            (d)         as a result of alleged police action or the actions of a police security officer;

"drug" means a substance that is a controlled drug under the Controlled Substances Act 1984 ;

"drug and alcohol testing"—see section 41B(1);

"drug screening test" means a test by means of an apparatus of a kind approved by the regulations for the conduct of drug screening tests;

"forensic material" means any human material from which the person from whom the material was taken could be identified;

"oral fluid" includes saliva;

"oral fluid analysis" means the analysis of a person's oral fluid to determine whether a drug is present in the oral fluid.

        (2)         For the purposes of this Division, a person "uses a drug" if the person—

            (a)         consumes, smokes or administers to himself or herself the drug; or

            (b)         permits another person to administer the drug to him or her.



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