South Australian Numbered Acts South Australian Numbered Acts9—Amendment of section 47E—Police may require alcotest or breath
analysis
(1) Section 47E(1) to
(2c)—delete subsections (1) to (2c) (inclusive) and substitute:
(1) Subject to this
Act, if a member of the police force (whether or not performing duties at or
in connection with a breath testing station) believes on reasonable grounds
that a person—
(a) is
driving, or has driven, a motor vehicle; or
(b) is
attempting, or has attempted, to put a motor vehicle in motion; or
(c) is
acting, or has acted, as a qualified passenger for a learner driver,
the member of the police force may require the person to submit to an alcotest
or a breath analysis, or both.
(2) A member of the
police force may direct a person driving a motor vehicle to stop the vehicle
and may give other reasonable directions for the purpose of making a
requirement under this section that a person submit to an alcotest or a breath
analysis.
(2a) A person must
forthwith comply with a direction under subsection (2).
(2ab) A person must
not, in the exercise of random testing powers, be required to submit to a
breath analysis unless an alcotest conducted under subsection (1)
indicates that the prescribed concentration of alcohol may be present in the
blood of the person.
(2b) An alcotest or a
breath analysis to which a person has been required to submit under
subsection (1) may not, in any event, be commenced more than 2 hours
after the conduct of the person giving rise to the requirement.
(2) Section
47E(2f)—delete subsection (2f)
(3) Section 47E(8),
(9) and (10)—delete subsections (8), (9) and (10) and substitute:
(8) The Commissioner
of Police must, in his or her annual report to the Minister responsible for
the administration of the Police Act 1998 , include the numbers of
drivers required to submit to an alcotest in the course of the exercise of
random testing powers (otherwise than at breath testing stations established
in accordance with section 47DA).