before section 8, insert
Division 2.1 Important concepts—alcohol and drug tests
7 Meaning of alcohol screening device
In this Act:
"alcohol screening device" means a device prescribed by regulation that is designed to analyse a sample of a person's breath to indicate if the person's blood or breath contains the presence of alcohol.
Note An alcohol screening device is used to carry out an alcohol screening test.
7A Meaning of breath analysis instrument
In this Act:
"breath analysis instrument" means an instrument prescribed by regulation that is designed to analyse a sample of a person's breath to record the concentration of alcohol in the person's breath in either or both of the following:
(a) in grams per 100mL of blood;
(b) in grams per 210L of breath.
Note A breath analysis instrument is used to carry out breath analysis.
7B Meaning of drug screening device
In this Act:
"drug screening device" means a device prescribed by regulation that is designed and made to indicate whether a prescribed drug is present in a person's oral fluid when a sample of the person's oral fluid is applied to the device.
7C Meaning of oral fluid analysis instrument
In this Act:
"oral fluid analysis instrument" means an instrument prescribed by regulation that is designed and made to indicate the presence of a prescribed drug in a sample of a person's oral fluid.
7D Testing and maintenance of instruments etc
(1) A regulation may make provision in relation to the testing and maintenance of the following:
(a) alcohol screening devices;
(b) breath analysis instruments;
(c) oral fluid analysis instruments.
(2) Without limiting subsection (1), a regulation may make provision for approval by the chief police officer of people to test and maintain devices and instruments mentioned in that subsection.
Division 2.2 Alcohol—screening tests