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JUSTICE LEGISLATION AMENDMENT (POLICE CUSTODY OFFICERS) ACT 2015 (NO. 59 OF 2015) - SECT 29

Oral fluid testing and analysis

    (1)     In section 55E(1) of the Road Safety Act 1986

        (a)     for the definition of authorised officer substitute

""authorised officer" means—

        (a)     a police officer or police custody officer authorised in writing under subsection (6) by the Chief Commissioner of Police; or

        (b)     an officer of the Corporation authorised in writing under subsection (6) by the Corporation; or

        (c)     an officer of the Department of Economic Development, Jobs, Transport and Resources authorised in writing under subsection (6) by the Secretary;";

        (b)     in the definition of "enforcement officer", for "Department of Transport, Planning and Local Infrastructure" substitute "Department of Economic Development, Jobs, Transport and Resources";

    (2)     For section 55E(6) of the Road Safety Act 1986 substitute

    "(6)     Only the following persons may carry out the procedure for the provision of a sample of oral fluid under this section—

        (a)     a police officer or police custody officer authorised in writing by the Chief Commissioner of Police for the purposes of this section; or

        (b)     an officer of the Corporation authorised in writing by the Corporation for the purposes of this section; or

        (c)     an officer of the Department of Economic Development, Jobs, Transport and Resources authorised in writing by the Secretary for the purposes of this section.".

    (3)     In section 55E(7) of the Road Safety Act 1986

        (a)     after "a police officer" insert "or a police custody officer";

        (b)     after "the police officer" insert ", police custody officer".

    (4)     In section 55E(22) of the Road Safety Act 1986

        (a)     after "police officer" (wherever occurring) insert ", police custody officer";

        (b)     for "Department of Transport, Planning and Local Infrastructure" (wherever occurring) substitute "Department of Economic Development, Jobs, Transport and Resources".

Part 7—Repeal of amending Act



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