Victorian Consolidated Regulations

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CORRECTIONS REGULATIONS 2019 - REG 99

Breath tests

    (1)     This regulation applies to a breath test carried out under section 29A of the Act.

    (2)     A Governor must maintain a register of each required breath test, which identifies—

        (a)     the name of the officer carrying out the test; and

        (b)     the date and the time of the test; and

        (c)     the name of the prisoner tested; and

        (d)     the breath analysing instrument used; and

        (e)     whether the instrument was in proper working order; and

        (f)     whether the instrument was properly operated by the officer; and

        (g)     the result of the test, in grams of alcohol per 100 millilitres of blood, expressed as a percentage.

    (3)     In this regulation, "breath test" means a test approved by the Secretary for providing an indication of, or for ascertaining, the percentage of alcohol in the blood of a prisoner by means of an apparatus—

        (a)     of a type approved by the Secretary under section 29A(2)(a) of the Act; and

        (b)     used by an officer authorised by the Secretary to use that type of apparatus.



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