Tasmanian Numbered Acts

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ROAD SAFETY (ALCOHOL AND DRUGS) AMENDMENT ACT 2017 (NO. 38 OF 2017) - SECT 6

Section 3 substituted
Section 3 of the Principal Act is repealed and the following sections are substituted:

2A.     Meaning of relevant time

(1)  For the purposes of this Act, a reference to a relevant time in relation to a person who becomes liable to submit to a test, analysis or medical examination is a reference to the time of the last act of driving by the person before the person became so liable.
(2)  For the purposes of subsection (1) , if the last act of driving cannot be ascertained with reasonable accuracy, the time of the last act of driving by a person is taken to be –
(a) if the person becomes liable to submit to the test or analysis under section 8(1) or 8A(1) , the time when the person is first found by a police officer after becoming so liable; or
(b) if the person becomes liable to submit to the test, analysis or medical examination as a result of a crash –
(i) the time at which the person is found by a police officer after the crash –
(A) at, or near, the place of the crash; or
(B) at, or being conveyed to, a place for the purpose of receiving medical treatment; or
(ii) if the person is found by a police officer after the crash in any other place, the time of the crash.

2B.     Person liable to submit to analysis, examination, &c., to comply with police requirements

(1)  For the purposes of this Act, if a person becomes liable, or elects, to submit to a breath analysis, oral fluid analysis, medical examination or provide a blood sample under this Act, he or she must comply with any reasonable requirement made of him or her by a police officer until –
(a) the analysis or medical examination is performed in accordance with this Act; or
(b) a sample of blood is taken in accordance with this Act.
(2)  For the purposes of subsection (1) , a requirement under that subsection may include, but is not limited to, either or both of the following requirements:
(a) the person is to remain in a specific location until directed otherwise;
(b) the person is to remain under supervision as directed.
(3)  A person who fails to comply with a requirement under subsection (1) is guilty of an offence.

3.     Approved analysts and approved operators

(1)  The Minister may, with the approval of the Head of a State Service Agency, appoint a State Service officer or State Service employee employed in that Agency to be an approved analyst for the purposes of this Act, and such officer or employee may hold office as an approved analyst in conjunction with State Service employment.
(2)  The Minister may appoint a person to be an approved analyst for the purposes of this Act and such person may hold office as an approved analyst in conjunction with any other employment.
(3)  The Minister is not to appoint a person as an approved analyst under subsection (1) or (2) unless the Minister is satisfied that the person to be appointed holds the prescribed qualifications, and prescribed experience, for an approved analyst.
(4)  An approved analyst has such functions and powers as may be prescribed.
(5)  For the purposes of this Act, an approved operator is a person of a prescribed class who is authorised by the Commissioner of Police, as prescribed, to administer a test or analysis under this Act.

3A.     Delegation

(1)  A police officer may delegate any of his or her functions or powers under this Act, other than his or her functions as an approved operator, to any other police officer.
(2)  An approved analyst may delegate any of his or her functions or powers under this Act to –
(a) any other approved analyst; or
(b) a person who is qualified to perform the function or exercise the power and is doing so under the supervision of an approved analyst.
(3)  A police officer, or approved analyst, may delegate a function or power under this section in relation to a matter regardless of whether he or she has performed a previous function, or exercised a previous power, in respect of the same matter.



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