(1) An authorised
person must not conduct a breath analysis for the purposes of a requirement
made under the Rail Safety National Law (WA) section 126(1) unless the
authorised person is —
(a) a
police officer certified by the Commissioner of Police under subsection (2);
or
(b)
authorised by the Regulator to operate a breath analysis instrument.
(2) The Commissioner
of Police may certify that a police officer is competent to operate a breath
analysis instrument.
(3) An authorised
person conducting a breath analysis for the purposes of a requirement made
under the Rail Safety National Law (WA) section 126(1) must use a breath
analysis instrument.