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Law Enforcement (AFP Professional Standards and Related Measures) Bill 2006

Schedule 4 Alcohol screening tests

   

Australian Federal Police Act 1979

1  Subsection 4(1)

Insert:

alcohol screening test in relation to a person, means a test of sample of the breath of the person carried out by means of an approved screening device.

2  Subsection 4(1)

Insert:

approved screening device means a device of a type that is approved by the Minister under section 40R.

3  Before section 40M

Insert:

40LA   Alcohol screening tests

             (1)  An AFP appointee authorised under section 40PA to act as a manager (the authorised manager ) may require another AFP appointee (the screening test subject ) to undergo an alcohol screening test if:

                     (a)  the screening test subject is on duty; and

                     (b)  the authorised manager reasonably suspects that the screening test subject is under the influence of alcohol.

Compliance with direction

             (2)  The screening test subject must comply with the requirement given to him or her under subsection (1).

Test results

             (3)  If the result of the alcohol screening test shows that alcohol is not present in the screening test subject’s blood, the screening test subject may return to his or her duties immediately.

             (4)  If:

                     (a)  the result of the alcohol screening test shows that alcohol is present in the screening test subject’s blood; or

                     (b)  the screening test subject refuses to undergo the alcohol screening test;

the screening test subject may be given a written direction under section 40M to undergo a breath test if the screening test subject is an AFP employee or a special member.

             (5)  This section does not limit the operation of section 40M.

4  Subsection 40M(3) (note)

Repeal the note.

Note:       The heading to section 40M is replaced by the heading “ Alcohol breath tests and prohibited drug tests ”.

5  Subsection 40N(5) (note)

Repeal the note.

Note:       The heading to section 40N is replaced by the heading “ Alcohol breath tests and prohibited drug tests after certain incidents ”.

6  Section 40P

Before “40M”, insert “40LA,”.

7  Subparagraph 40P(b)(i)

After “to conduct”, insert “alcohol screening tests,”.

8  Paragraph 40P(e)

After “the conduct of”, insert “alcohol screening tests,”.

9  At the end of section 40P

Add:

Note:          Paragraph (a)—persons may give directions under sections 40M and 40N. However, for a person’s power to give a requirement under section 40LA, see section 40PA.

10  After section 40P

Insert:

40PA   Managers who may require alcohol screening tests

                   The Commissioner may issue Commissioner’s orders under section 38 authorising particular kinds of AFP appointees to act as managers for the purpose of section 40LA.

11  Section 40Q

Repeal the section, substitute:

40Q   Admissibility of test results etc. in legal proceedings

                   The following:

                     (a)  a certificate or other document recording the results of a test conducted under section 40M or 40N in relation to an AFP employee or a special member;

                     (b)  a certificate or other document recording the results of an alcohol screening test conducted under section 40LA in relation to an AFP appointee;

                     (c)  any other information, answer to a question or document relevant to conducting such a test (including any information or answer given or document produced in compliance with section 40);

is not admissible in evidence against the employee, special member or AFP appointee in any proceedings other than the following:

                     (d)  proceedings in relation to a decision of the Commissioner to terminate the employment of the employee or the AFP appointee or to terminate the appointment of the special member or the AFP appointee;

                     (e)  proceedings under the Safety, Rehabilitation and Compensation Act 1988 ;

                      (f)  proceedings in tort against the Commonwealth that are instituted by the employee, special member or AFP appointee.

12  At the end of Division 8 of Part IV

Add:

40R   Approval of screening devices

             (1)  The Minister may, in writing, approve devices of a type described in the approval to be approved screening devices if he or she is of opinion that:

                     (a)  devices of that type have been designed and made for the purpose of indicating, when a sample of the breath of a person is exhaled into the device, whether alcohol is present in the blood of the person; and

                     (b)  devices of that type are suitable devices for use in tests under section 40LA.

             (2)  An approval under this section is a legislative instrument.