Document ID: chunk:federal_register_of_legislation:C2023C00156:section:40n:p1
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 40N (pt 1/2)
Character Range: 118816–121356

40N  Alcohol screening tests, alcohol breath tests and prohibited drug tests after certain incidents

Person killed or seriously injured in an incident involving a motor vehicle or vessel or while in police custody
 (1) If:
 (a) a person is killed or seriously injured as a result of an incident involving a motor vehicle or vessel; or
 (b) an incident occurs in which a person is killed or seriously injured while in police custody;
a person authorised to do so in accordance with the regulations may give any AFP appointee directly involved in the incident while on duty a written direction requiring him or her:
 (ba) to undergo an alcohol screening test; or
 (c) to undergo a breath test; or
 (d) to provide a body sample of a kind specified in the direction for a prohibited drug test;
in accordance with the regulations.
Note: Such a direction may be given whether or not the AFP appointee is still on duty: see subsection (3).

Person killed or seriously injured by a firearm discharging or physical force
 (2) If an incident occurs in which a person is killed or seriously injured as a result of:
 (a) the discharge of a firearm; or
 (b) the application of physical force;
by an AFP appointee while he or she is on duty, a person authorised to do so in accordance with the regulations may give the AFP appointee a written direction requiring him or her:
 (ba) to undergo an alcohol screening test; or
 (c) to undergo a breath test; or
 (d) to provide a body sample of a kind specified in the direction for a prohibited drug test;
in accordance with the regulations.
Note: Such a direction may be given whether or not the AFP appointee is still on duty: see subsection (3).

Direction to be given as soon as practicable after the incident
 (3) A direction under subsection (1) or (2) must be given by an authorised person as soon as practicable after the incident concerned and may be given whether or not the AFP appointee is still on duty.

Provision of blood or body sample while in hospital
 (4) If an AFP appointee involved in the incident attends or is admitted to a hospital for examination or treatment because of the incident, a person authorised to do so in accordance with the regulations may give the AFP appointee a written direction requiring him or her:
 (a) to provide a sample of his or her blood for a blood test; or
 (b) to provide a body sample of a kind specified in the direction for a prohibited drug test;
in accordance with the regulations.

Compliance with direction
 (5) An AFP appointee must comply with a