Queensland Consolidated Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 37

37 Who may operate breath analysing instrument

(1) A breath analysing instrument must be operated by—

(a) an authorised person; or

(b) a police officer who is an instrument operator under section 30 .

(2) Despite subsection (1) , a police officer may operate a breath analysing instrument only if the police officer is authorised by the commissioner under the Transport Operations (Road Use Management) Act 1995 , section 80 (8G) to operate the instrument.

(3) A certificate mentioned in the Transport Operations (Road Use Management) Act 1995 , section 80 (8I) is, unless the contrary is proved, conclusive evidence that the police officer named in the certificate is authorised for the purposes of subsection (2) .