South Australian Current Acts

CROSS-BORDER JUSTICE ACT 2009 - SECT 41

41—Conduct of preliminary alcohol or drug test in cross-border region

        (1)         This section applies if a police officer of the State requires a person in a part of the State that is in a cross-border region to provide a sample of breath or oral fluid for a preliminary alcohol or drug test under the State's drink or drug-driving laws.

        (2)         If—

            (a)         the person is required to provide the sample in accordance with the testing procedures under another participating jurisdiction's drink or drug-driving laws; and

            (b)         the region is partly in that other jurisdiction,

the person is taken to be required to provide the sample in accordance with the testing procedures under the State's drink or drug-driving laws.

        (3)         If—

            (a)         the sample is tested in accordance with the testing procedures for a preliminary alcohol or drug test under another participating jurisdiction's drink or drug-driving laws; and

            (b)         the region is partly in that other jurisdiction,

the sample is taken to have been tested in accordance with the testing procedures for a preliminary alcohol or drug test under the State's drink or drug-driving laws.

Examples—

1         An SA police officer requires a person in the SA portion of the SA/NT region to provide a sample of breath for a preliminary alcohol test under SA's drink-driving laws. The police officer may require the person to provide the sample in accordance with the testing procedures under NT's drink-driving laws.

2         An SA police officer requires a person in the SA portion of the SA/NT region to provide a sample of breath for a preliminary alcohol test under SA's drink-driving laws. The same may be tested in accordance with the testing procedures under NT's drink-driving laws.