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Interpretation of sections 67 to 71B, etc.

Road Traffic Act 1961

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—(1) In sections 67 to 71B —“authorised analyst” means any registered medical practitioner, scientific officer or chemist who is employed in a hospital or laboratory to carry out analyses of blood;“breath analysing device” means an instrument or apparatus for ascertainment by analysis of a person’s breath what concentration of alcohol is present in the person’s breath;“breath test” means a test of a specimen of a person’s breath to assess —(a)whether there is alcohol present in the person’s breath; and(b)if alcohol is present, the concentration of alcohol in the person’s breath,by means of a breath analysing device of a type approved by the Deputy Commissioner of Police;“fail” includes refuse;“intoxicating substance” has the meaning given by the Intoxicating Substances Act 1987;“police station” includes any place or conveyance authorised or appointed by the Deputy Commissioner of Police to be used as a police station;“preliminary breath test” means a breath test under section 69;“prescribed limit” means —(a)35 microgrammes of alcohol in 100 millilitres of breath; or(b)80 milligrammes of alcohol in 100 millilitres of blood.(1A) Once a type of breath analysing device is approved by the Deputy Commissioner of Police for the purposes of the definition of “breath test” in subsection (1), the Deputy Commissioner of Police must, as soon as practicable, cause to be published in the Gazette a notification specifying each type of breath analysing device so approved by him or her.(1B) However, failure to comply with subsection (1A) in respect of any type of breath analysing device does not invalidate the approval for that type of breath analysing device.(2) A person is regarded as not providing a specimen of breath for a breath test unless the specimen —(a)is sufficient to enable the test to be carried out; and(b)is provided in a way that enables the objective of the test to be satisfactorily achieved.(3) Subject to section 71B, a person provides a specimen of blood if and only if the person consents to its being taken by a registered medical practitioner and it is so taken.

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